Please read the following agreement which governs your use of Foothills Community Bank website, currently located at www.myfoothillsbank.com (the "website"), which is owned and operated by Foothills Community Bank ("FCB").
The terms and conditions set forth herein apply to all materials, online communications, online customer service provided by FCB, and other content and materials that are or become available on this website (collectively, the "content"). Please read these terms and conditions carefully before accessing this website.
BY SIGNING ON AND USING THIS WEBSITE, YOU SPECIFICALLY AGREE TO EACH OF THE PROVISIONS OF THE FOLLOWING AGREEMENT:
This Website is owned and operated by FCB. No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of FCB's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
This Website may contain links to other websites. FCB is not responsible for the availability of these external websites nor does it endorse nor is it responsible for any of the contents, advertising, products or other materials on such external websites. Under no circumstances shall FCB be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any such external website. Any concerns regarding any external link should be directed to the respective website, rather than to FCB.
Availability of Website.
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Foothills Community Bank.
Limitation of Liability.
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". FCB AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. FCB AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FCB WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL FCB BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FCB'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
FCB AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, FCB AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FCB AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING FCB'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL FCB BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FCB HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
You agree to indemnify FCB from and against any and all liabilities, expenses (including reasonable attorneys' fees) and damages arising out of claims resulting from your breach of this Agreement, for infringement of a third party's intellectual property rights or from any third party suit related to your use or misuse of the Content.
FCB operates and controls this Website from its offices located in the state of Georgia in the United States. FCB makes no representation that materials in the Website are appropriate or available for use in other locations. If you choose to access this Website outside of the state of Georgia through your own initiative, you are responsible for compliance with local laws, if and to the extent local laws are applicable. You hereby consent that any legal action or proceeding between you and FCB arising out of your accessing and use of this Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Georgia.
Third Party Content, Copyrights and Trademarks.
FCB may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other users of the Website, are those of the respective author(s) or distributor(s) and not of FCB. This Website, including its "look and feel" attributes, are copyrighted by Foothills Community Bank, with all rights reserved. Other brand and product names found on this site may be the trademarks of third parties, with all rights reserved.
FCB shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but limited to, content, hours of availability and equipment and/or software required for access to or use of this Website. FCB may also change the terms and conditions set forth in this Agreement at any time and any subsequent use of the Website by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to FCB.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.