Welcome to the CommunityBank of Texas website. CommuntiyBank of Texas and its affiliates ("CommunityBank of Texas" or "Bank") provide access to its website (the "Site") and its products and services to you subject to the following Terms and Conditions of Use (the "Terms"). By accessing the Site, you consent to and accept the Terms and any amendments to the Terms. CommunityBank of Texas may revise the Terms at any time, without giving you prior notice, by updating this posting. You can review the most current version of the Terms at any time at: http://www.cbotx.com or through other notice to you. In addition, once you have registered for any CommunityBank of Texas service or services (the "Service(s)") available through the Site, you and CommunityBank of Texas shall be subject to the applicable agreement ("Service Agreements") that you agree to at the time of registration for the service. You agree to review the Terms regularly, and your continued access or use of the Site will mean that you agree to any changes.
USE OF SITE
In order to access the Site, you must obtain access to the Internet by subscribing to an Internet Service Provider ("ISP") of your choice and by using compatible hardware, software, and web browser. You are solely responsible for any fees associated with your access to the Internet, including the fees of your ISP. To protect the security of your personal account information, CommunityBank of Texas requires you to use a web browser that supports adequate security measures including the use of Secure Socket Layer (SSL) encryption technology, as determined from time to time by the Bank. At the time you access a Service where personal account information is available, CommunityBank of Texas will advise you if you do not have a currently acceptable web browser version and will provide you the opportunity to upgrade your version.
You are responsible at your expense for the procurement, installation, maintenance, and operation of any necessary equipment to access the Site. The Bank is not responsible for any errors or failures of your equipment. As with all uses of the Internet, you should use anti-virus software when accessing the Site. The Bank is not responsible for any computer virus or related problems that may be associated with your use of the Site or any of the Service(s).
All products and services of CommunityBank of Texas are subject to the terms and conditions of the applicable Service Agreements governing their use. Product offers, rates, terms, and other information provided are subject to change without notice.
CommunityBank of Texas restricts access to Password-protected areas of the Site to authorized users only. If you are an authorized user, you are responsible for maintaining the confidentiality of your User lD, your Password and for any Additional Authentication Information (AAI) that CommunityBank of Texas may require you to enter for security and authentication purposes. For all transactions you conduct as an authorized user, you must use your User ID and Password, and from time-to-time you may be asked to enter your AAI for additional security purposes or procedures. You agree to immediately notify CommuntiyBank of Texas of any unauthorized use of your User lD, your Password and/or your AAI, or any other breach of security. For security reasons, you should not leave your computer unattended while using the Services and you should always log out of the Site after using the Services. CommunityBank of Texas is not liable for any loss or damage arising from your failure to protect the confidentiality of your User lD, Password and/or AAI, or your other security lapses.
CHILDREN USING OUR SITE AND OUR SERVICES
Naturally, the safety of children is very important to CommunityBank of Texas and we do not target children on our website. Children should always ask a parent or legal guardian for permission before sending personal information to anyone online. CommunityBank of Texas is a general audience Site, and we expect that children may visit our Site. Only the parent or legal guardian of a child under the age of 13 can access our Services, even when a deposit account has been established on behalf of the child.
All communications or other materials transmitted to CommunityBank of Texas through this Site are not confidential and are deemed to be CommunityBank of Texas' property. The communications or other materials may be used for any purpose within the limits of our Customer Privacy Statement. Electronic mail ("e-mail") communication over the Internet is not confidential or secure. CommunityBank of Texas is not responsible for any damages in connection with an e-mail you send to the Bank or an e-mail the Bank sends to you at your request. If you register for a Service, you agree to provide true, accurate, current and complete information about yourself, if prompted by the Service's registration form, and to maintain and promptly update the registration data to keep it true, accurate, current and complete. CommunityBank of Texas reserves the right to verify any personal information you provide and the right to make inquiries about you to the extent allowed with regard to a request by you or a co-signer for a product, service, or customer assistance. If you provide any information that is untrue, inaccurate, not current or incomplete, or CommunityBank of Texas has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CommunityBank of Texas has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Services (or any portion thereof).
This Site is owned and operated by CommunityBank of Texas, or others as indicated. All of the material displayed on this Site, including the images, design, look and feel, photographs, audio, page headers, software, buttons, video, other icons, graphics, text, screens, and web pages and the selection and arrangement thereof ("Content") is either the property of CommunityBank of Texas or is displayed by way of a license from the material's owner. CommunityBank of Texas, or others as indicated, also owns the trademarks, service marks, registered service marks, or registered trademarks and logos ("Marks") displayed on the Site. You agree not to use the Content or Marks for any purpose without the express written consent of CommunityBank of Texas or the third party that may own the Content or Marks.
BOOKMARKING AND LINKING
You understand that you may create a bookmark in your web browser to the CommunityBank of Texas home page. You may not create any link to either the CommunityBank of Texas home page or any other of the Bank's website pages without the written approval of CommunityBank of Texas, including, without limitation, a link on a publicly accessible website. You may not use any of CommunityBank of Texas' Marks or Content. No person may link to this Site from any web site not owned or sponsored by CommunityBank of Texas without first notifying CommunityBank of Texas of the intention to create such link and obtaining CommunityBank of Texas' written permission. No website linking to this Site may frame or border this Site with the content of the linking site visible in the same window without CommunityBank of Texas' express written permission. Any use of materials on this Site without the prior written consent of CommunityBank of Texas other than as expressly set out herein is prohibited.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
COMMUNITYBANK OF TEXAS MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED ANY MATERIAL 00\/VNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRIITEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCLUSION OF DAMAGES; LIMITATION ON LIABILITY
YOU AGREE THAT COMMUNITYBANK OF TEXAS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES OR CLAIMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT; INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMMUNITYBANK OF TEXAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHER\NISE, RESULTING FROM (I) THE USE OF OR THE INABILITY TO USE THE WEBSITE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE, (Ill) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE, (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. AND/OR (Vl) ANY OTHER MATIER RELATING TO THE WEBSITE OR YOUR USE THEREOF.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS COMMUNITYBANK OF TEXAS FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS' FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY USER OF THESE TERMS AND CONDITIONS.
LAWS AND REGULATIONS
The Terms constitute the entire agreement between you and CommunityBank of Texas with respect to your access to the Site and governs your use of the Site, superseding any prior agreements between you and CommunityBank of Texas. Nothwithstanding the foregoing, Authorized users may be subject to additional terms and conditions as set forth in any other applicable Bank online services agreement. You agree that Texas law, without regard to conflicts of law principles, shall govern your access to and use of this Site, except to the extent such laws are preempted by federal law or regulation. Unless otherwise specified, this Site is controlled and operated by CommunityBank of Texas from its offices within the state of Texas. CommunityBank of Texas makes no representation that materials in the Site or the Services are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. CommunityBank of Texas reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to the Site. This Site is intended for use only in the United States or other jurisdiction that would recognize the choice of law and choice of jurisdiction provisions made herein. The failure of CommunityBank of Texas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must give us notice of any claim or course of action (a "Claim") arising out of or related to use of the Site within one ( 1) year after you became aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred.