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As of April 18, 2002 -
reviewed August 2005
This web site ("Site") and the products
and services of ColeTaylorBank ("CTB")
available via this Site (collectively with the
Site, the "CTB Products") are provided
subject to the terms set forth herein. By using
any aspect of the Site, you agree to be bound
by these Terms of Service.
CTB may make changes at any
time to the CTB Products or these Terms of Service.
Any modifications to these Terms of Service will
be effective upon posting. You should periodically
re-check these Terms of Service to apprise yourself
of any modification, revision or update. Your
continued use of the CTB Products following posting
of any revised Terms of Service will constitute
acceptance of the modified Terms of Service.
Use
of the CTB Products
You may use the Site as a resource for information
about CTB and the CTB Products. You may download,
view, copy and print information, documents and
other materials on or from the Site: (a) solely
for personal, informational, and non-commercial
purposes; and (b) provided that neither the materials,
nor any proprietary notices therein, are modified
or altered. You are solely responsible for any
actions you take in connection with your use of
the CTB Products and for all data, information
or other material ("Data") you share
via the Site.
You may not reproduce, transmit,
disseminate, sell, broadcast, circulate, republish,
duplicate, modify, upload, post, re-deliver using
"framing" technology, or otherwise distribute
or commercially exploit in any way the Site or
any portion of the content of the Site, without
the prior written consent of CTB. You may not
link to this Site without the permission of CTB.
You agree not to store, upload or transmit on,
to or via the Site any Data which: (a) infringes
or otherwise violates any copyright, patent, trademark,
trade secret or other proprietary right; (b) is
defamatory, libelous, or unlawfully threatening;
(c) is known by you to be false; or (d) otherwise
violates any applicable treaty, law or regulation.
You agree you will not upload or transmit on,
to or via the Site any Data containing a virus,
worm, Trojan Horse or any other contaminating
or destructive feature. You agree you will not
interfere, in any way, with others' use of or
access to the CTB Products and will not attempt
to gain unauthorized access to the account, computer
system or Data of any other CTB Products user.
In addition to the foregoing,
you are prohibited from: (a) doing any act which
you have reason to know may disrupt the functionality
of the Site; (b) translating, decompiling, reverse
engineering or otherwise attempting to gain access
to the source code of any software contained on
the Site (the "Software"); or (c) using
the Site in any manner which would violate any
local, state, national or international law. Without
limiting the foregoing, some of the Software may
be subject to export controls imposed by the U.S.
and may not be downloaded or otherwise exported
or reexported: (x) into (or to a national or resident
of) any country to which the U.S. has placed an
embargo, including without limitation, Cuba, Iran,
Iraq, Libya, North Korea, Syria, or Yugoslavia;
(y) to everyone on the U.S. Treasury Department's
Specially Designated Nationals list; or (z) the
U.S. Commerce Department's Table of Denial Orders.
If you use the Software, you represent and warrant
that you are not located in, or under the control
of, or a national of any such country or on any
such list.
Not all components of the CTB
Products are available to all persons. You may
not be eligible for all the CTB Products and CTB
reserves the right to determine your eligibility
for any CTB Product.
Unauthorized Use of the CTB
Products
CTB reserves the right to investigate and take
legal action against any illegal and/or unauthorized
use of the CTB Products, including, without limitation,
interference with the Site, any action that imposes
an unreasonable load on the Site, or any link
to any page of the Site other than the home page.
CTB's decision not to pursue legal action for
any violation of the Terms of Service shall not
be construed as a waiver of the Terms of Service
or CTB's legal rights.
Proprietary
Rights
Nothing in these Terms of Service shall be deemed
to grant to you or any other user any license
or right in or to any patent, copyright, trademark,
trade secret or other proprietary right of CTB.
All content on this Site, including design, text,
graphics, logos, button icons, images, software
and video or audio clips; any improvements or
modifications to such content; and any derivative
works based on the foregoing are proprietary to
CTB or its licensors and are protected by copyright
and other intellectual property laws. The collection,
arrangement and assembly of the content on the
Site are the exclusive property of CTB and are
likewise protected by copyright and other intellectual
property laws.
Privacy
The terms of CTB's Privacy
Disclosure are hereby incorporated
as part of these Terms of Service.
Security
and Confidentiality
CTB is committed to the security of our customers'
account information. In our commitment to security,
the Site supports and you are required to use
versions of Netscape Navigator or Microsoft Internet
Explorer browsers that use 128-bit encryption.
Encryption is a means of scrambling information
for electronic transmission: information is "encrypted"
at one end of a transmission and is "decrypted"
(in other words "decoded") upon receipt
at the other end. 128-bit encryption is currently
the most secure available form of encryption.
While CTB requires that its customers use 128-bit
encryption when conducting financial transactions
on the Site, CTB cannot guarantee complete security
of information disclosed over the Internet.
In addition, CTB requires its
customers to enter an Internet Banking Access
Number ("Access Number") and Personal
Identification Number ("PIN") to access
the Internet Banking pages in addition to using
a secure Internet browser.
· Do not give to anyone your account information,
Access Number or PIN.
· Never leave your account information
out in an open area accessible by others including
your PC screen.
· Do not utilize shortcuts that retain
your Access Number or PIN in your PC.
· Never send privileged account information
(for example, account number or PIN) in any public
or general e-mail system.
· Never leave your PC unattended while
you are logged onto the Site. Wireless Internet
devices, such as PHD's and cellular phones with
Internet access, may be susceptible to signal
interception by unauthorized users. It is recommended
that you do not use wireless products to access
any part of CTB's Internet Banking.
· Under NO circumstances will CTB or its
employees request your PIN via the Internet. DO
NOT respond to such a request even if the individual
claims to represent CTB.
E-Mail
Again, e-mail transmissions generally are not
secure. CTB may request that you do not send CTB
or ask for sensitive information such as account
numbers, passwords, financial information, etc.
via any e-mail system. Please contact CTB by telephone
or in person for these matters.
Feedback
While we value your feedback on the CTB Products,
we request that you be specific in your comments
and not submit any ideas, suggestions, materials,
concepts or other information (collectively, "Feedback").
Except where expressly provided otherwise by CTB,
all Feedback submitted to CTB through the Site
or in association with the CTB Products shall
be considered non-confidential and CTB's property.
By submitting such Feedback to CTB, you agree
that you assign to CTB, without charge, all worldwide
right, title and interest, including copyrights
and other intellectual property rights, in and
to the Feedback. CTB shall be free to use such
Feedback on an unrestricted basis within the limits
of our privacy statement, for any purpose whatsoever,
commercial or otherwise, without compensation
or liability to you or any third party.
Third
Party Advertisements and Links
CTB Site users acknowledge that CTB provides links
to third party sites. CTB is not responsible for
the contents of such links or sites, any products,
services, privacy policies or other materials
relating to or accessed via such links or sites.
The display of any link does not imply endorsement
by CTB of the linked site or any content found
thereon. IN NO EVENT WILL CTB BE LIABLE, DIRECTLY
OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS
ARISING FROM OR RELATING TO ANY USE, CONTINUED
USE OR RELIANCE ON ANY LINKED THIRD PARTY SITE
OR ANY LINK CONTAINED IN A LINKED SITE.
Membership
Fees
Some components of the CTB Products require the
payment of a membership fee. You must provide
CTB with accurate and complete billing information
and report to CTB all changes to this information
promptly, but in no event later than thirty (30)
days after the change.
Children
This Site does not intend to market any CTB products
or services to children. CTB does not knowingly
gather or solicit data from children through this
Site, and by using this Site you represent that
you are not under 13 years of age.
Promotional
Mailings and Newsletters
You agree to receive occasional promotional mailings
and e-mail newsletters from CTB.
Modification
or Discontinuance of the CTB Products by CTB
At any time, without notice to you, and for any
or no reason, CTB may modify or discontinue all
or any part of the CTB Products. CTB shall in
no way be held liable for any consequence which
results from CTB's decision to modify or discontinue
providing all or any part of the CTB Products.
Disclaimer
of Warranties
WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION. NOTWITHSTANDING THE
FOREGOING, THE INFORMATION, SERVICES, PRODUCTS
AND MATERIALS CONTAINED IN OR DESCRIBED ON THIS
SITE (INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS,
VIDEO AND AUDIO CLIPS AND LINKS) ARE PROVIDED
BY CTB "AS IS." CTB MAKES NO, AND DISCLAIMS
ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES
OR PRODUCTS REFERENCED ON OR LINKED FROM THIS
SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE OR
WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES
IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. CTB RECOMMENDS THAT YOU ROUTINELY
SCAN YOUR COMPUTER EQUIPMENT FOR VIRUSES. IN ADDITION,
ALTHOUGH CTB BELIEVES ALL INFORMATION ACCESSIBLE
ON OR VIA THE SITE TO BE ACCURATE AS OF THE TIME
OF ITS PUBLICATION, CTB CANNOT AND DOES NOT REPRESENT,
GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE
ON OR VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT,
AND CTB IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS
THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES AS SET FORTH BELOW, SO
THE EXCLUSION AND LIMITATION SET FORTH HEREIN
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Disclaimer
Related to Third Parties
BY USING THE CTB PRODUCTS, YOU MAY BE PERMITTED
TO ACCESS PRODUCTS AND SERVICES WHICH ARE PROVIDED
BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION,
FINANCIAL ADVISORS, INSURANCE AGENTS, ATTORNEYS,
CONSULTANTS, COMPUTER EQUIPMENT COMPANIES AND
CAR RENTAL COMPANIES (EACH, A "THIRD PARTY
PROVIDER"). YOU AGREE THAT UNDER NO CIRCUMSTANCES
WILL CTB, ITS AFFILIATES, OR ANY THIRD PARTY PROVIDER
CONTACTED VIA THE SITE BE RESPONSIBLE FOR (A)
ANY INFORMATION CONTAINED ON OR OMITTED FROM THE
SITE, (B) ANY PERSON'S RELIANCE ON ANY SUCH INFORMATION,
WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT
OR COMPLETE, (C) THE CONSEQUENCES OF ANY ACTION
YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE,
WHETHER OR NOT BASED ON INFORMATION PROVIDED BY
OR AS A RESULT OF THE USE OF THE SITE. CTB AND
ITS AFFILIATES ALSO HAVE NO RESPONSIBILITY FOR
(X) ANY PERSON'S SATISFACTION WITH ANY THIRD PARTY
PROVIDER, WHETHER RELATING TO THE THIRD PARTY
PROVIDER'S COMPETENCE, DILIGENCE, OR OTHERWISE,
(Y) THE RESULTS OF ANY ADVICE GIVEN BY, REPRESENTATION
FROM OR PRODUCTS OF ANY THIRD PARTY PROVIDER,
OR (Z) THE FAILURE OR REFUSAL OF ANY THIRD PARTY
PROVIDER TO RESPOND TO OR CONSULT WITH YOU.
Limitation
of Liability
IN NO EVENT SHALL CTB BE LIABLE TO YOU OR ANY
THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT
OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY
TO USE OR IMPROPER USE OF THE CTB PRODUCTS (INCLUDING,
WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE,
BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN
IF CTB SHALL HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR IS NEGLIGENT, AND REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE.
Indemnification
You agree to indemnify and hold harmless CTB,
its subsidiaries, affiliates, officers, agents,
and representatives, and its and their officers
and employees, from and against any and all damages,
liabilities, actions, causes of action, suits,
claims, demands, losses, costs and expenses (including
without limitation reasonable attorneys' fees
and disbursements and court costs) arising from
or in connection with your use of the CTB Products;
your violation of these Terms of Service; or your
violation of any rights of any third party.
Governing
Law
The laws of the State of Illinois will govern
these Terms of Service, without giving effect
to any principles of conflicts of laws. You agree
that any action arising out of the Terms of Service
or your use of the CTB Products shall be brought
in state or federal court in Chicago, Illinois,
and you consent to the jurisdiction of such courts.
Miscellaneous
You may not assign or otherwise transfer these
Terms of Service or any rights or obligations
hereunder. CTB's failure to act on any breach
of any provision hereof shall not be construed
as a waiver of the enforcement of any provision
unless CTB agrees to such waiver in writing.
If any part of these Terms
of Service is deemed unlawful, void or unenforceable,
that part will be deemed severable and will not
affect the validity or enforceability of remaining
provisions. These Terms of Service set forth the
entire understanding between you and CTB with
respect to the subject matter hereof and supersede
any prior or contemporaneous communications, representations,
or agreements, whether oral or written, between
you and CTB with respect to such subject matter.
Contact
If you have any questions relating to these Terms
of Service, the CTB Products or CTB, please
contact:
customer
service.
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