Terms and Conditions

NOTICE

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

The Site is a service of Carver Bancorp, Inc. and its affiliates and subsidiaries (collectively, "Carver"). The information on the Site is for informational purposes only. The Site describes the nature of Carver's activities and provides informative materials aimed at educating users, subject to the conditions described below. Such descriptions are provided only to assist users in understanding products and services offered by Carver and such descriptions do not replace or supercede the actual terms and conditions applicable to each such product or service. The actual terms and conditions applicable to each product and service may be reviewed in our local branch offices or you may request copies via email. The information on the Site is believed to be accurate, but Carver does not warrant its completeness, timeliness or accuracy.

Except as otherwise noted on the Site, Carver owns all rights to everything that you see or read on the Site or otherwise uses the same with the permission of third parties, including but not limited to pages, screens, text, images, policies and the general "look and feel" (collectively, "Content") used on the Site. The posting of Content does not constitute a waiver of any of Carver's proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to users or any third-party. The Content may not be reproduced, displayed, distributed, used or modified in any way without the express written permission of Carver, except that you may download one copy of the Content for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. The use of any such material on any other Web site or computer environment is prohibited. Any unauthorized use, reproduction, display, distribution or alteration of the protected material, including policies, will result in a violation of United States and international copyright laws and is strictly prohibited. CARVER NEITHER REPRESENTS NOR WARRANTS THAT YOUR USE OF ANY CONTENT AT THE SITE WILL NOT INFRINGE ON RIGHTS OF THIRD PARTIES. ANY UNAUTHORIZED USE BY YOU OF THE IMAGES OF PEOPLE OR PLACES DISPLAYED ON THE SITE MAY ALSO VIOLATE THE LAWS OF PRIVACY AND PUBLICITY AND IS EXPRESSLY PROHIBITED. Certain Content may be presented in a format employing encryption security or other technology designed to prevent the downloading of such Content. Anyone who defeats these security measures will be in violation of the Digital Millennium Copyright Act and may be subject to civil and/or criminal liability. See Pub. L. No. 105-304, 112 Stat. 2860 (1998).

TRADEMARKS

Carver, Carver Federal Savings Bank, Carver Bancorp, Inc., the Carver Symbol, Community Capital Bank and the Community Bank logo are registered and unregistered trademarks and service marks of Carver Federal Savings Bank. Carver and its subsidiaries also claim rights in all of Carver's Web sites, corporate name, logos, domain names and in certain other trademarks and service marks and all goodwill related thereto. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. Your use of these trademarks and service marks without the prior written permission of their respective owners is strictly prohibited.

USE OF INFORMATION AND MATERIALS

The information and materials contained in these pages, and the terms, conditions and descriptions that appear, are subject to change without notice. You are bound by any such changes. You should therefore periodically visit these pages and review the then-current Terms and Conditions. Unauthorized use of, or tampering with, Carver's Web sites and systems, including but not limited to unauthorized entry into Carver's systems, misuse of passwords or misuse of any information posted on a site, is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Carver and/or its affiliates. Investment services are not bank deposits or insured by the FDIC or any other entity, and they are subject to investment risks, including possible loss of the principal amount invested.

CONVENIENCE DOCUMENTS AND DATA

The Site may contain form legal documents and other data provided for the convenience of the users of the Site. Such documents and data are for convenience purposes only and should not be construed as the offering or delivery of legal advice by Carver or any other party. Before using any such document or data, you agree to consult independent legal counsel as to the advisability of using these documents or data in your particular circumstances.

LINKS

THE SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES. CARVER MAY NOT HAVE REVIEWED SOME OR ALL OF THE CONTENT POSTED AT SUCH THIRD-PARTY WEB SITES AND CARVER HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEB SITES LINKED TO THE SITE. BY CREATING A LINK TO A THIRD-PARTY WEB SITE, CARVER DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS CARVER LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEB SITES. ANY SUCH THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF CARVER AND THE THIRD-PARTY WEB SITE MAY PROVIDE LESS SECURITY THAN THE CARVER SITE. YOUR LINKING TO SUCH THIRD-PARTY WEB SITES IS AT YOUR OWN RISK.

Any links to the Site from other Web sites must (i) receive prior approval in writing by Carver, (ii) link to the homepage of the Site, (iii) not display the Content of the Site within a border or frame controlled by or displaying the Content of the linking page, and (iv) be promptly removed at the request of Carver.

NO RELIANCE ON ANY ADVICE OR OPINION

No opinion, advice, statement or other information ("Information") contained or provided herein or hereby is intended or shall be construed as a legal opinion or a prediction of the performance of any security, fund, or obligation. Reliance upon any Information shall be at the sole risk of the user. Prior to the execution of a purchase or sale of any security or investment, or any action related thereto, you are advised to consult with your broker or other financial advisor and other professionals as appropriate. Neither Carver, its affiliates, information providers or Content providers shall have any liability for investment or other decisions based upon, or the results obtained from, the Information. Neither Carver, its affiliates, Information providers nor Content providers guarantee or warrant the timeliness, sequence, accuracy or completeness of the Information. Nothing contained on the Site is intended to be, nor shall be construed as, investment or legal advice. You hereby acknowledge that the Information is provided for informational purposes only and is not intended for trading or legal opinion purposes.

NO WARRANTY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. CARVER DOES NOT GUARANTEE THAT ACCESS TO THE SITE, THE CONTENT, OR INFORMATION POSTED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE FREE OF VIRUSES OR THAT THE SITE CANNOT BE TAMPERED WITH OR MALICIOUSLY ACCESSED BY THIRD-PARTIES. THE INFORMATION AND MATERIALS CONTAINED IN THE SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS","AS AVAILABLE". CARVER DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS PROVIDED AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSIONS OF IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

IN NO EVENT WILL CARVER, ITS AFFILIATES, INFORMATION PROVIDERS NOR ITS CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CARVER, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE] EXCEED ANY AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.

INDEMNITY

You hereby agree to indemnify and hold Carver and its affiliates and their respective directors, officers, managers, employees and agents harmless for all claims, losses and expenses (including attorney fees and expenses) resulting from or in any way related to your access of or interaction with the Site, including but not limited to violations of these Terms and Conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

SUBMISSIONS

All information submitted to Carver via the Site shall be deemed and remain the property of Carver and Carver shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides Carver through the Site, except as provided in the Carver Internet Privacy Policy that is found at www.carverbank.com/privacy/index.asp. Carver shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Carver entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Carver's responsibilities and obligations to customers in accordance with the Carver Internet Privacy Policy that is incorporated into and made a part of these Terms and Conditions.

AVAILABILITY

The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any of the countries listed in Country Group E: of Supplement No. 1 to Chapter 15, Part 740 of the Code of Federal Regulations, as same may be amended, including without limitation Cuba, Iran, North Korea, Sudan and Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders; or (iii) as otherwise prohibited by law. By downloading or using any software in this Site, you represent and warrant that you are not located in, or a national or resident of, any such country or on any such list, or otherwise prohibited by law to download or export or re-export any such software.

ADDITIONAL TERMS

Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

GOVERNING LAW

Use of the Site shall be governed by all applicable federal laws of the United States of America and the laws of the State of New York without regard to conflict of laws provisions. The state or federal courts located in the State of New York, County of New York shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions. Please read about Carver's copyright infringement notice and its procedure for making copyright infringement claims listed below this Terms and Conditions Disclosure. This notice is titled, Title 17 United States Code.

GENERAL

The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and these Terms and Conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by Carver of any right under or provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. The terms of these Terms and Conditions shall be incorporated into and made a part of any other agreement entered into by Carver and a user hereof.

COPYRIGHT 2008 CARVER FEDERAL SAVINGS BANK. ALL RIGHTS RESERVED.

Title 17 United States Code

GOVERNING LAW

Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to Carver's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement. (Note: The Bank may want to provide a separate link for the information and procedure outlined below.)

Notification must be submitted to the following Designated Agent:

(i) Service Provider(s): Carver, Carver Federal Savings Bank, Carver Bancorp, Inc., the Carver Symbol, Community Capital Bank;

(ii) Name of Agent Designated to Receive Notification of Claimed Infringement: James A. Raborn, Senior Vice President, Manager Loan Admistration,

(iii) Full Address of Designated Agent to Which Notification Should be Sent is 75 W. 125th Street, New York, NY 10027;

(iv) Telephone Number of Designated Agent: (718) 230-2900;

(v) Facsimile Number of Designated Agent: (212) 426-2483;

(vi) Email Address of Designated Agent: ir@carverbank.com

To be effective, the notification must be a written communication that includes the following:

(i)A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv)Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v)A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Disclosure