This Agreement explains the terms and conditions for accessing or using National Bank of Commerce (“Institution”, “we”, “us”, “National Bank of Commerce” 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 National Bank of Commerce. 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.
Electronic Mail (E-mail)
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 National Bank of Commerce. 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. National Bank of Commerce will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail.
Disclosure of Information
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.
Links to Other Sites
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.
No Warranties; Limitation Of Liability
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 National Bank of Commerce 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 National Bank of Commerce 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.
Applicable Rules, Laws, and Regulations; Arbitration
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 Jefferson 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 Jefferson 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.
Additional Agreements, Integration
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 National Bank of Commerce. 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.
National Bank of Commerce 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 National Bank of Commerce of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement.
National Bank of Commerce 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.