READ THIS AGREEMENT CAREFULLY BEFORE USING
THIS WEBSITE
This Agreement explains the terms and conditions for accessing
or using Red Mountain Bank, N.A. (“Institution”, “we”,
“us”, “RMB” and “our”) website
including any pages thereof (herein after collectively referred
to as the “Website”). As used in this Agreement, the
terms "you" and "your" refer to each person
using/accessing Internet Banking site or maintains an account relationship
with RMB. BY USING OR ACCESSING THIS WEBSITE, YOU AGREE TO THE TERMS
AND CONDITIONS SET FORTH HEREIN. WE RESERVE THE RIGHT TO MODIFY,
CHANGE, AMEND, OR DELETE (HEREIN AFTER COLLECTIVELY “MODIFICATIONS”)
ANY OR ALL OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE TO YOU.
SUCH MODIFICATIONS SHALL BE MADE IN WRITING ONLY. NO MODIFICATION
MAY BE MADE BY ANY COURSE OF DEALING OR ORAL REPRESENTATION. YOU
SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME IN ORDER TO MAKE
SURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. ANY USE OR ACCESS
OF THIS WEBSITE AFTER ANY MODIFICATION IS MADE TO THIS AGREEMENT,
WHETHER OR NOT YOU HAVE REVIEWED THE MODIFICATION, CONSTITUTES YOUR
ACCEPTANCE OF THE AGREEMENT AS MODIFIED. YOU DO NOT HAVE THE RIGHT
TO MODIFY OR CHANGE THIS AGREEMENT IN ANY WAY. ANY ATTEMPT BY YOU
TO DO SO IS NULL AND VOID.
This Website is not intended for the use or distribution in or
to any jurisdiction for which the distribution or use of this Website
would violate any law, regulation, rule or ordinance. You must discontinue
use of this Website immediately if you are in such a jurisdiction.
We and/or our licensors or services providers own all the rights
to this Website and its content including, but not limited to, text,
software, images, screens, sound recordings, graphics, and their
arrangement (“Website Content”). All products, services,
design marks, slogans, as well as other trade and services marks
(collectively “Marks”) are owned by us and/or our licensors
or services providers. You may not use such Marks without the prior,
express written permission of the Marks’ owners. You have
no license or right to any Marks or any Website Content. You may
not appropriate any information or material that violates any copyright,
trademark or other proprietary or intellectual property rights of
any person or entity while using this Website. You may not use this
Website to transmit any obscene, libelous, scandalous or defamatory
content in any communications with us or our suppliers. You may
not use this Website for any illegal purpose. You may not prohibit
other users from the use of this Website. Your use of this website
may be tracked, monitored or recorded. We reserve the right, in
our sole and absolute discretion, to terminate your access to use
of this Website.
Sending E-mail is a very good way to communicate with us. However,
e-mail is not secure. You should NOT include confidential information,
such as account numbers and balances in any e-mail to RMB. Unless
otherwise agreed, you cannot use e-mail to initiate any changes
in any of your accounts. All such transactions must be initiated
using the appropriate functions within the Internet Banking site
for which you must be enrolled. RMB will not be liable for any errors,
omissions, claims, or problems of any kind involving your e-mail.
Any information submitted to us or our suppliers via this Website
is our property or the property of our suppliers, as the case may
be, and we are free to use and disclose that information, or any
ideas, concepts, know-how or techniques contained in that information
to any third party for any purpose whatsoever, except as specifically
agreed by Institution or prohibited by law.
Information that we publish on the World Wide Web may contain
links to other sites and third parties may establish links to Institution’s
site. We make no representations or warranties about any other website
that you may access to, from or through this site. Unless expressly
stated in writing, we do not endorse the products or services offered
by any company or person linked to this site nor are we responsible
for any software or the content of any information published on
the site of any third party. You should take precautions when downloading
files from sites to protect your computer software and data from
viruses and other destructive programs.
We are not responsible for any electronic virus that you may encounter
using this Website. We encourage you to routinely scan your computer
and diskettes using reliable virus protection product to detect
and remove viruses. If undetected and unrepaired, a virus can corrupt
and destroy your programs, files and hardware.
THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION CONTAINED
HEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE.”
WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS
WEBSITE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS
ON THIS WEBSITE INCLUDING BUT NOT LIMITED TO ANY INFORMATION CONTAINED
HEREIN. THIS WEBSITE IS PROVIDED WITH NO WARRANTY OF ANY KIND, IMPLIED,
EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES
FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES REGARDING ANY COMPUTER
VIRUSES OR LACK THEREOF, AND WARRANTIES REGARDING THE PERFORMANCE
OR OPERATION OF THE WEBSITE, AND WARRANTIES OF NON-INFRINGEMENT
OF ANY THIRD PARTIES’ RIGHTS.
You agree that RMB is not liable for any losses, errors, injuries,
expenses, claims, attorney’s fees, interest or other damages,
whether direct, indirect, special, punitive, incidental or consequential,
whether arising in tort, contract, or strict liability, (collectively,
“Losses”) caused by or in any way arising out of (i)
the use of the Website or your inability to use the Website at any
time, (ii) any computer viruses regardless of how the virus was
acquired, (iii) the use of any information, product or services
obtained from any website linked to this Website;.(iv) unauthorized
access to or alteration of your transmissions; (v) statements or
conduct of anyone using the Website. You agree that use of this
Website is done on your own initiative and you agree that you are
solely responsible for compliance with applicable local laws and
regulations.
Except if caused by our intentional misconduct or wantonness,
you agree to indemnify, defend and hold harmless RMB and its officers,
employees, directors, shareholders, suppliers and agents, in their
individual capacities or otherwise, from and against any Losses
arising out of: (i) your negligence; (ii) your failure to comply
with applicable law; (iii) your failure to comply with the terms
of this Agreement; (iv) your use of this Website; or (v) your infringement
of any third party’s intellectual property rights.
This Agreement shall be governed by the laws of the State of Alabama,
U.S.A. as well as the federal laws of the U.S.A. You agree and acknowledge
that use of Internet Banking and Online Financial Services involves
interstate commerce and this arbitration agreement is made pursuant
to the Federal Arbitration Act. You and we agree that both parties
shall submit any dispute arising out of or relating to this Agreement
or the use of this Website to binding arbitration by either the
American Arbitration Association (“AAA”) or the National
Arbitration Forum (“NAF”), including any successor organizations
of either the AAA or NAF. Such arbitration proceeding shall be conducted
in accordance with the applicable rules of the arbitration organization.
You and we agree that such arbitration proceeding shall take place
in Shelby County, Alabama or such other place as you and we may
mutually agree. Judgment on the award of the arbitrator may be entered
in any court having jurisdiction thereof.
Notwithstanding or limiting the previous paragraph, you expressly
agree to submit to the exclusive jurisdiction of the state and federal
courts located in the state of Alabama. You also expressly agree
that venue for any action arising out of this Agreement shall be
in a state or federal court of competent jurisdiction covering Shelby
County, Alabama. BOTH PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY
JURY. The prevailing party in any such action or arbitration shall
be entitled to the recovery of its reasonable attorney’s fees,
costs, and expenses.
This Agreement constitutes the entire understanding of the parties
with respect to the use of this Website, and all prior agreements,
understandings and representations concerning the use of this Website
are canceled in their entirety. Notwithstanding the foregoing, this
Agreement is cumulative and in addition to any other agreements
regarding accounts or services between you and RMB. If there is
a conflict between this Agreement and specific agreement with respect
to an agreement for a particular account or agreement, the terms
of the account or service agreement shall prevail but only to the
extent necessary to resolve the conflict.
If any provision of this Agreement is found to be invalid or unenforceable,
the provision shall be deemed reformed to the extent, and only to
the extent, necessary to render it valid and enforceable under applicable
law. If such reformation is not possible, then the provision shall
be deemed severed and the remainder of this Agreement shall remain
in full force and effect to the fullest extent possible.
RMB shall not, by the mere lapse of time, without giving notice
or taking other action, be deemed to have waived any of its rights
under this Agreement. No waiver by RMB of a breach of this Agreement
shall constitute a waiver of any prior or subsequent breach of this
Agreement.
RMB shall not be liable for any loss nor damage due to causes
beyond its control, including fire, explosion, lightning, pest damage,
power surges or failures, strikes or labor disputes, water, acts
of God, the elements, war, civil disturbances, acts of civil or
military authorities or the public enemy, terrorism, inability to
secure raw materials, transportation facilities, fuel or energy
shortages, acts or omissions of communications carriers, or other
causes beyond our control. Either party may terminate this Agreement
immediately on written notice if the other party is prevented from
performing its obligations under this Agreement for a period of
more than thirty (30) days due to the reasons set forth in this
subsection.
The provisions of this Agreement related to indemnification and
arbitration shall survive the termination of this Agreement, the
closing of any account, the cessation of use of the Website.
This Agreement shall be construed equally against the parties
regardless of who is more responsible for its preparation. If there
is a conflict between a part of this Agreement and any present or
future law, the part of this Agreement that is affected shall be
curtailed only to the extent necessary to bring it within the requirements
of that law.
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