PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Welcome to myCNB360 ("Site"). This secure site offers access to account-related data, educational information, and a variety of online services to its authenticated users (“Services”).

Canandaigua National Corporation (“CNC”) owns and operates this Site to provide information and online services to its users. By accessing, browsing, and using the Site, you agree to the following Terms and Conditions of Use (“Terms”). These Terms govern your access to and use of certain personal information retrieval, management, and analytic capabilities of your account information. You may view the content of the Site, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such content, and provided that the content, or any part thereof, is not modified.

This Site is for informational purposes only and is not intended to provide legal, tax, investment, or insurance advice. You should not rely on this Site as the primary basis for your investment, financial or tax planning decisions. Please consult an investment professional for investment advice that considers your specific investment objectives, needs and financial situation. Investment services are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested.

Account Registration

You must provide true, accurate, current and complete information about yourself and your financial accounts as requested during the registration and account setup process, and you may not misrepresent your identity or your account information. For the Site to function effectively, you must also keep your registration and account information up-to-date and accurate.

Your Site Password

You will designate a password that will give you access to your myCNB360 accounts for Site access. For security purposes, you are required to setup your password upon your initial login. You determine what password you will use. This password can be changed within myCNB360 under Preferences - Security. We recommend that you change your password regularly. CNC will act on instructions received during an online session authenticated using your login ID, password and secure access code. For security purposes, it is recommended that you memorize this online password and do not write it down. You are responsible for keeping your password, account numbers and other account data confidential. Upon sequential unsuccessful attempts to use your password, your access to myCNB360 will be revoked. To re-establish your authorization to use the Site, you should contact our Call Center at 1-800-724-CNB1 or 585-394-4260 to have your password reset or to obtain a new temporary password. We require that you create a password to be a certain minimum length and that will meet our password requirements for purposes of security. Your password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be kept secure and confidential.

Safeguarding Your Login Credentials

1. You are responsible for safeguarding your myCNB360 login credentials such as password and secure access code which enable your access to the Site (“Login credentials”).
2. You agree that you are responsible for keeping your Login credentials confidential and for ensuring that you have logged out from the Site when your session is complete to prevent unauthorized persons from using the Site.
3. You agree that you will be the only user of your Login credentials, you will not transfer or disclose any of this information to any other person; however, if you choose to do so, CNC will bear no liability for adverse consequences resulting therefrom. Further, you agree that you are responsible for actions taken by anyone you have shared your Login credentials with and/or anyone using the Service after you have signed in with your Login credentials. We are entitled to rely and act upon instructions received under your Login credentials.
4. You agree you will be responsible for all usage of the Service and any fees associated with use of other services accessed through the Site whether or not authorized by you. You agree to immediately notify us at 1-800-724-CNB1 or 585-394-4260 and report any actual or suspected unauthorized use of your Login credentials.
5. CNC has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of your Login credentials. You agree to cooperate with CNC in any investigation and agree to take corrective measures to protect your accounts from further fraudulent activity.

Internet Security Information

Our myCNB360 Site utilizes a comprehensive industry standard security strategy to protect accounts and transactions conducted over the Internet. In-depth information on many of the techniques and features employed by the Service can be viewed or printed from our website where the system's consumer or commercial features are explained. In addition to our login security, we use SSL (secure socket layer) encryption technology for everything done in the system. Your browser automatically activates this technology when it attempts to connect to our Site and it will support only the highest 128-bit encryption technology available to ensure your protection. Whenever SSL is securing your communications, the browser will typically indicate the "secure session" by changing the appearance of a small padlock icon at the bottom of the screen from open to locked. What this means to you is that your communications are scrambled from your browser to our servers at all times so no unauthorized party can read the information as it is carried over the Internet. Additionally, our servers have been certified by a "Certificate Authority" to assure you that you are actually communicating with our servers instead of someone pretending to be us.

During your use of the Service, we will pass a "cookie" to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A "cookie" is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the Service, this cookie enables us to process multiple transactions during the session without having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted and a new cookie must be created by entering your Login ID and password information. A new cookie is used for each session so that no one can use the cookie to access your account. You agree that the security strategy described above is acceptable to you.

Authentication Procedures

The Bank has adopted commercially reasonable authentication procedures and security procedures in accordance with guidance issued by the Federal Financial Institutions Examination Council for Authentication in an Internet Banking Environment. There is inherent risk associated with banking over the Internet. You are solely responsible for controlling the safekeeping of and access to your Login credentials to myCNB360. If you believe that your Login ID and password have been used by an unauthorized individual, you must notify CNC and arrange to change your Login credentials.
To the extent permitted by applicable law, you agree that these authentication and security procedures shall be sufficient to verify and authenticate your identity and to evidence your acceptance of and agreement to be bound by the terms and conditions of such electronic record.

Virus Protection

We are not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. Viruses/malware can install software key-loggers that allow it to capture a user’s credentials.

Links

For your convenience, CNC may provide, on this Site, links to other Websites operated by third parties. CNC makes no warranty or representation regarding, and does not endorse, any linked Websites or the information, products, or services available on those Websites. CNC hereby disclaims liability for any information, materials, products, or services posted or offered at any third-party site linked to the Site. Links do not imply that CNC: (i) endorses or recommends any product or service offered via any third-party site linked from the Site; or (ii) is legally authorized to use any trademark, logo or copyright symbol displayed on links.

Changes and Termination

These Terms are a binding agreement between you and CNC. By clicking "I Agree" at the time you initially access the Site and by continuing to use the Site, you accept and agree to be bound by these Terms. Your use of the Site is governed by the version of the Terms in effect on the date of use. CNC may modify these Terms at any time and without prior notice. If, however, a revision is material, we will provide at least 30 days’ notice before the revisions take effect. What constitutes a material revision is in our sole discretion. Changes in the Terms will be effective when the change is posted to the Site. If you continue to use the Site thereafter, your continued use of the Site constitutes acceptance of the changes and an agreement to be bound by the modified Terms. You should review the most current version of these Terms by clicking on the Terms of Service hyperlink located at the bottom of each Site screen. These Terms are in addition to any other agreements between you and CNC, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through any CNC Website.
CNC also reserves the right to terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without prior notice. CNC may also impose limits on certain features and services or restrict your access to all or parts of this Site. You agree that CNC will not be liable to you or any third party for any termination of your access to the Site or for any modification, suspension, or discontinuation of the Site. You may terminate use of the Site at any time by contacting your CNC representative. Once you have terminated use of the Site, you will have no further access to the Site.

If you do not access your myCNB360 account for any eighteen (18) consecutive month period, CNC reserves the right to discontinue your Service without notice.

Hardware and Software

You are responsible for obtaining your own hardware, software and services (such as computers, browsers and Internet access service) necessary to access and use the Site and for payment of all fees involved in obtaining such hardware, software and services. CNC does not guarantee or warrant that any part of the Site is free of malicious software, viruses or other harmful code. You must take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.

Hours of Accessibility

You can access your Canandaigua National Bank & Trust accounts through myCNB360 seven (7) days-a-week, 24 hours-a-day. However, at certain times, some or all of the Service may not be available due to system maintenance. We will normally post notice Online when planned system maintenance is scheduled; however, in emergency situations, where system maintenance becomes necessary, we may not be able to provide advance notice. Our business days are Monday through Friday; Saturday, Sunday and Federal holidays are not included as a business day.

Potential Disruptions of Service

Access to the Website may be unavailable from time to time, or may be delayed, or limited or slowed due to, among other things: hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content; overload of system capacities; damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor; governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of CNC.

Prohibited Use

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree not to post or submit on this Site any material that: (a) infringes or may infringe on anyone else's copyright, trade secret, trademark, or other intellectual property rights; (b) violates or may violate others' privacy rights; (c) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; (d) impersonates another person; (e) breaches any obligations of confidentiality or any other contractual obligation you may owe to any third parties; or (f) otherwise is a violation of law.
You also agree not to submit any materials that contain viruses, worms or other computer programming routines or engines that are intended to damage, interfere with, intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Site or the content contained on it without our express prior written permission.

This Site is controlled, operated and administered by CNC from its offices within the United States of America. Access to the Site from locations outside the United States where the Site's contents are illegal is prohibited. You may not use the Site in violation of United States export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, and you may not use this Site if it would be unlawful under the securities laws, privacy laws, or any other laws of such location.

Ownership and Intellectual Property Rights

All information on this Site is owned exclusively by CNC and/or others, and is protected under applicable copyright, patent, trademark, service mark, trade dress laws, and/or other proprietary rights. You agree to comply with all copyright and intellectual property laws in your use of this Site and the material contained within this Site. You acknowledge and agree that all trademarks and service marks displayed on the Site belong to CNC or another CNC affiliate, except third party trademarks and service marks, which are the property of their respective owners. Certain data and other content displayed on the Site is supplied by unaffiliated third-party data providers under a limited license grant from such third party to CNC. Such third-party data providers, their partners, suppliers and their respective affiliates ("Third Party Data Providers") expressly disclaim any and all warranties regarding, and any liability, responsibility, or damages with respect to, your access to and use of such content via the Site. You are only permitted to use the content as displayed on this Site as expressly authorized by the Terms. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you may not reverse engineer or reverse compile any of the technology associated with the Site, or develop any product or service (including any datafile or database) using or based on any component of the Site.

Access to Site

Your experience with the Site, including capabilities and depth of information presented on the Site, will differ based on your relationship with CNC and your means of access to the Site. For example, users who have been granted access authority in an advisor capacity may not have all capabilities that a tax-owner, non-tax owner, or authorized signer may have when using the Site. Depending on your relationship with CNC, one or more categories of accounts will be displayed on the Site. In addition to the user roles of tax-owner, non-tax owner and authorized signer, the Site may also provide a user role that allows your other service providers, such as your accountant or attorney (known as "Advisors"), to access and view all of the information stored by the Site for your benefit. For example, if available, the Advisor function allows you to direct CNC to permit your Advisor access to your information in the Site to assist with financial and estate planning and other needs. If the Advisor function is made available to you in connection with your use of the Site, you understand and agree that: a) Advisor usage is arranged solely, at your direction, through CNC, including the creation and assignment of the Advisor’s login credentials; and b) unless you advise CNB that you have revoked Advisor usage to direct CNC to revoke the access privileges of an Advisor, you hereby consent to CNC allowing such Advisor to access and view any and all of your information stored in the Site. CNC shall not be liable for any error, act or omission on the part of any Advisor. The Advisor function is provided to you as a convenience and may be terminated by CNC at any time.

Indemnification

You agree to indemnify, defend and hold harmless CNC, its members, managers, shareholders, directors, officers, employees, agents, representatives, suppliers, contractors, information providers, and successors and assigns from and against any action, suit, proceeding, cause, claim, damage, debt, cost, demand or liability (including, without limitation, legal fees and expenses), asserted by any third party, arising directly or indirectly out of or relating to, your use of the Service, your violation of these Terms, your infringement of any intellectual property rights, or violation by any user of your CNC account (collectively, the foregoing is referred to as a “Claim”). At the request of CNC after any such Claim, you shall, at your sole expense defend, with counsel acceptable to CNC, any Claim arising out of the foregoing; provided, that CNC reserves the right, at your expense, to assume the exclusive defense and control of any such Claim. No compromise or settlement of any Claim may be committed to by you or other users without CNC’s prior written consent. CNC shall have the right to participate at any time in the defense, compromise and/or settlement of any proceedings with the counsel of its choosing. YOU AGREE THAT NEITHER CNC, NOR ANY THIRD-PARTY DATA PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD-PARTY DATA PROVIDERS) INCLUDED IN OR ACCESSIBLE FROM THE SITE IS AT YOUR SOLE RISK. CNC provides this Site "AS IS" and “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE, OR COURSE OF PERFORMANCE.

CNC, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT a) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; b) ANY ERRORS OR DEFECTS WILL BE CORRECTED; c) THE SERVICE IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS; OR d) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond CNC’s or its suppliers’ control. You agree that any downloads of content or materials related to the Services, or the Site is done at your own risk, and you are solely responsible for any damage to your computer/system or loss of data that results from the download of or access to any such materials.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

CNC’s Third-Party Data Providers are considered third-party beneficiaries of these Terms, are entitled to the rights and benefits hereof, and may enforce the provisions pertaining to your use of the Site contained herein, including content available on the Site, as if they were parties hereto.

The Site is not a substitute for, nor should it be considered, an account statement or any other regulatory document. Your account statement remains the official record. Account data provided through the Services is generally updated on a daily basis and is subject to adjustment and correction. CNC retains the right to establish practices and/or limits in connection with the Site, including but not limited to establishing maximum disk space allotted to your information and documents stored on CNC’s servers.

CNC cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, inaccuracy of data or personalization settings, or other service interruptions. CNC is not responsible for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. For example, when displayed through the Site, account information is gathered from multiple sources that may have a variety of dates and times. The Site currently provides an account aggregation function that allows users to view, in a single location on the Site, consolidated financial information from accounts that a user maintains at CNC, as the user may identify from time to time.

Waiver of Class Collective and Representative Actions. YOU WAIVE THE RIGHT TO COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE CLASS MEMBER OF ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN COURT, ARISING FROM OR RELATED TO THESE TERMS. This provision shall be enforced to the extent permissible by law and shall survive the termination of services under these Terms.

Governing Law.
These Terms shall be governed by the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New York or of any other jurisdiction) that would cause the application of the laws of any other jurisdiction other than the State of New York.

Disclosure of Account Information

The Bank’s use of account information is governed by the Bank’s Privacy Policy which can be found on www.cnbank.com.

Other General Terms  

1.  In addition to this Agreement, you agree to be bound by and will comply with the requirements of the applicable Disclosures and Agreements for any Service you access through this portal, the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and applicable State and Federal laws and regulations. We agree to be bound by them also.
2. CNC reserves the right to terminate this Agreement and your access to myCNB360, in whole or in part, at any time without prior notice.
3. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.
4. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Site and/or Service within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
5. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.
6. You may not assign this Agreement. This Agreement is binding upon your heirs, executors, administrators, successors and assigns.
7. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.
8. These Terms constitute the entire agreement between CNC and you with respect to your use of the Site. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

 By Accessing and Using this Site (myCNB360) you Agree to the Above Terms and Conditions.