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Terms & Conditions AgreementsTerms and DisclosuresPlease note: In an effort to enhance our customer disclosures and agreements, certain formatting and wording changes have been made to the "Agreements, Notice, and Disclosures" document, also known as "Terms and Conditions". Please note that no changes are being made to your accounts, account features, or account services. General Terms for All Personal Deposit Account and Services:
Related Disclosures and Other Agreements:Website Terms of Use AgreementOwnership of Site; Agreement to Terms of UseThese Terms and Conditions of Use (the "Terms of Use") apply to this Banking Center located at this website, and all associated sites linked to this website (the "Site") by Waterfield Bank and, its affiliates, including but not limited to, Waterfield Financial Services, Inc.(together, "WB"). The Site is the property of WB and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. WB reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is Your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms and Conditions, WB grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Ownership of Site; Agreement to Terms of UseAll text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on this website is owned, controlled or licensed by or to WB, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions, no part of this website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without WB's express prior written consent. You may use information on WB products and services purposely made available by WB for downloading from this website, provided that You (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for Your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) make no additional representations or warranties relating to such documents. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website. We reserve the right to bar any such activity. AccessYou may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to this website or to any WB server, or to any of the Services offered on or through this website, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to this website, or any Customer of WB, including any account not owned by You, to its source, or exploit this website or any service or information made available or offered by or through this website, in any way where the purpose is to reveal any information, including but not limited to personal identification or financial information, other than Your own information, as provided for by this website. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or on WB's systems or networks, or on any systems or networks connected to this website or to WB. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person's use of this website. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to WB on or through this website or any service offered on or through this website. You agree not to pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. UseYou may not use this website or any Content for any purpose that is unlawful or that is prohibited by these Terms and Conditions or by applicable law or regulation, or to solicit the performance of any illegal activity or other activity which infringes the rights of WB or others. Additional terms and conditions may apply to the use and purchase of goods or services and to specific portions or features of this website, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for or applicable to a specific portion of this website or for any service offered on or through this website, the latter terms shall control with respect to Your use of that portion of this website or the specific service. WB's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements. Each of these policies may be changed from time to time and, unless otherwise noted herein, are effective immediately upon posting such changes on this website. AccountsCertain features or services offered on or through this website may require You to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of Your account information, including Your password, and for any and all activity that occurs under Your account. You agree to notify WB immediately of any unauthorized use of Your account or password, or any other breach of security. However, You may be held liable for losses incurred by WB,, Waterfield Financial Services, Inc. ("WFS") or any other user of or visitor to this website due to someone else using Your user ID, password or account. You may not use anyone else's user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. Neither WB nor WFS can or will be liable for any loss or damage arising from Your failure to comply with these obligations. PrivacyOur Privacy Policy applies to use of this website, and its terms are made a part of these Terms and Conditions by this reference. Additionally, by using this website, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, password information) is encrypted. LinksThis website may contain links to other independent third-party Websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and WB is not responsible for, and does not endorse, the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make Your own independent judgment regarding Your interaction with these Linked Sites. Our RightsWB reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (ii) to modify or change this website, or any portion of this website, and any applicable policies or terms; and (iii) to interrupt the operation of this website, or any portion of this website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Although this website is accessible worldwide, persons who do not have residence in the United States of America may not utilize the Services offered on this website. WB reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this website is void where prohibited. If You choose to access this website from outside the United States, You do so on Your own initiative, at Your own risk and You are solely responsible for complying with applicable local laws. Your Other AgreementsYou agree to indemnify and hold WB and their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made by any third party due to or arising out of or in connection with Your use of this website. WB may disclose any information we have about You (including Your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of this website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or of visitors to or users of this website, including Customers. We reserve the right at all times to disclose any information that WB deems necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose Your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes, subject to the terms of our Privacy Policy. You acknowledge and agree that WB may preserve any transmittal or communication by You with WB through this website or any Service offered on or through this website, and may also disclose such data if required to do so by law or if we determine that such preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms and Conditions, (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of WB, their employees, users of or visitors to this website, and the public, subject to the terms of our Privacy Policy. You agree that we may, in our sole discretion and without prior notice, terminate Your access to this website and/or block Your future access to this website if we determine that You have violated these Terms and Conditions or other agreements or guidelines which may be associated with Your use of this website. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to WB, for which monetary damages would be inadequate, and You consent to WB obtaining any injunctive or equitable relief that WB deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. You agree that WB may, in its sole discretion and without prior notice, terminate Your access to this website, for cause, which includes (but is not limited to) (i) requests by law enforcement or other government agencies, (ii) a request by You (self-initiated account closures), (iii) discontinuance or material modification of this website or any service offered on or through this website, or (iv) unexpected technical issues or problems. If WB does take any successful legal action against You as a result of Your violation of these Terms and Conditions, WB will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to WB. You agree that WB will not be liable to You or to any third party for termination of Your access to this website as a result of any violation of these Terms and Conditions. You agree that all matters relating to Your access to or use of this website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Maryland without regard to its conflicts of laws provisions. You agree to the arbitration provisions in the Terms and Conditions and, if not so covered by such provisions, to the personal jurisdiction by, and venue in, the state and federal courts in Montgomery County, Maryland, and waive any objection to such jurisdiction or venue. Any claim by You under these Terms and Conditions must be brought within 1 year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between WB and You arising out of or in connection with Your use of this website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then, if the dispute is not covered by the arbitration provisions of these Terms and Conditions, either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then, if the dispute is not covered by the arbitration provisions of these Terms and Conditions, the parties shall be free to pursue any right or remedy available to them under applicable law. You agree not to use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on this website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between You, on the one hand, and WB, on the other hand, with regard to Your use of this website, and any and all other written or oral agreements or understandings previously existing between You and WB with respect to such use are hereby cancelled. WB will not accept any counter-offers to these Terms and Conditions, and all such offers are hereby categorically rejected. Our failure to insist on or enforce strict performance of these Terms and Conditions shall not be construed as a waiver by WB of any provision or any right it has to enforce these Terms and Conditions, nor shall any course of conduct between WB and You or any other party be deemed to modify any provision of these Terms and Conditions. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties. |