Terms and Conditions
BY USING THE ANB WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE ANB WEB SITE. PLEASE READ THIS AGREEMENT CAREFULLY.
You agree that your action in clicking on the designated areas will constitute, as applicable, (i) your acceptance "in writing," (ii) your signature and (iii) delivery by you. You further agree that you will not contest the legally binding nature, validity or enforceability of any transaction, document or confirmation based on the fact that it has been executed by your clicking on the designated area and that you expressly waive any and all rights you may have to assert such a claim.
You agree that you will not and will not authorize or permit any person acting on behalf of you or under your control ("Authorized Person"), under any circumstance to:
Certain hyperlinks (meaning clickable links to other web sites) on the ANB Site may link to web sites maintained by ANB affiliates. Certain links on the ANB Site may direct you to non–affiliated third party sites, which contain information over which ANB has no control. ANB takes no responsibility for the content, accuracy, content, completeness, timeliness, current value or any aspect of the information on any third party site and disclaims any liability to you for it or for any consequence of your decision to use the links provided or your use of such information. Links on the ANB Site do not necessarily imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. ANB also disclaims all liability and makes no representations or warranties for any products or services sold or provided by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of those products and services. You agree that you will not bring a claim against ANB arising from or based on your purchase or use of products or services through other sites.
We want to help you protect yourself against Internet scams. Fraudulent email is one of the most common and potentially damaging methods used to scam banking customers. Please be aware that ANB will never ask you to send personal or financial information by email or through a link in an email.
Certain information and statements from your account(s) at ANB or its affiliates are accessible on the ANB Site and can be downloaded by you ("Account Information"). While ANB and its affiliates believe that this Account Information will be accurate at the time of access and/or downloading by you, this information and these statements may have certain technical flaws, typographical errors or other inaccuracies. Additionally, the Account Information is subject to immediate change resulting from corrections, conditions, fluctuations and other factors. ANB and its affiliates expressly disclaim any responsibility or liability for the accuracy or use of such Account Information upon it being downloaded by you.
Consent to Electronic Delivery
You may choose to receive certain documents, information and statements provided by ANB and its affiliates through the ANB Site and/or through email provided to you via the ANB Site. This delivery will generally consist of certain content on the ANB Site, and certain other documents relating to ANB and its affiliates' business. This electronic provision and delivery will be regarded by you as appropriate delivery pursuant to any delivery requirements under Applicable Law. You acknowledge that you have the appropriate technological equipment to use the ANB Site and to receive email via the Internet and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You agree to notify ANB in the event that you no longer desire to receive content through this electronic delivery procedure and will allow a reasonable amount of time to permit proper delivery to you through other means.
The disclosures herein describe your rights relative to conducting transactions electronically and electronically receiving disclosures, statements and notices, including the consequences of withdrawing your consent. We recommend you print and retain a copy of these disclosures.
You understand, prior to consenting to electronic delivery, that:
Subject to your acceptance of the applicable agreements, you will be able to access accounts online. If you do not consent, you may continue to access your accounts through other methods that we provide, such as in person.
ANB reserves the right to provide any disclosures, statements or notices in writing, rather than electronically.
In Case of Errors or Questions About Your Electronic Transfers
Contact us as soon as possible if you think your paper or electronic statement is wrong, or if you need more information about a transfer listed on your paper or electronic statement. We must hear from you no later than 60 days after we sent the FIRST paper or electronic statement upon which the problem or error appeared.
When you contact us:
If you contact us by telephone or by email, we may require that you send us your complaint or question in writing by postal mail or fax within 10 Business days. We will communicate to you the results of our investigation within 10 Business days after you contact us and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question and provide provisional credit for the amount in dispute. For errors involving foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint. If we decide that there was no error, we will send you a written explanation within 3 Business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your account.
Subject to these Terms and Conditions, ANB hereby grants to you a personal right and license to access and use the ANB Site solely for your use in banking with ANB. The foregoing license is NOT exclusive, sub-licensable, transferable, nor assignable by you. Further, you accept the right and license granted herein to access and use the ANB Site solely in accordance with this Agreement and any rules or restrictions or procedures published by ANB on the ANB Site from time-to-time. ANB may terminate this license at any time and without notice.
You acknowledge and agree that the ANB Site, and all intellectual property and proprietary rights therein and thereto, including such rights in copyrights, trademarks, service marks, and trade secrets and other proprietary and/or confidential information (collectively, "IP") are the valuable property of ANB and/or its affiliates and licensors. Other than the license granted hereunder, you obtain no rights to the ANB Site. You may not access or use the ANB Site in any way that may infringe upon any IP right of ANB or its affiliates or licensors. You should promptly notify ANB of any actual or threatened infringement or misappropriation of IP of which you become aware.
You acknowledge that any information provided through the ANB Site is not intended to be a recommendation, offer or solicitation. In addition, all research, analysis and similar market information from third parties provided represent the views and opinions solely of the author or the indicated source. ANB and its affiliates do not independently verify the accuracy or completeness of such information, nor do ANB and its affiliates necessarily endorse any particular views expressed therein. You agree that you will independently confirm such information before relying on it. ANB, its affiliates and their respective employees, contractors, agents and various contributors to the ANB Site have no duty to correct or update any inaccurate or out–of–date information on the ANB Site. YOU ACKNOWLEDGE THAT ANB MAKES NO WARRANTIES OR GUARANTEES WITH RESPECT TO THE ANB SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, OR WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. ANB DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE ANB SITE WILL BE FREE FROM ERRORS OR WILL BE AVAILABLE. FURTHERMORE, ANB WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE ANB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE ANB SITE AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAMS.
You acknowledge that you are acting for your own account, and you have made your own independent decisions based upon your own judgment and upon advice from such advisors as you have deemed necessary. You are not relying on any communication (written or oral) of ANB or its affiliates as advice or as a recommendation to enter into a transaction; further, you have not received from ANB or its affiliates any assurance or guarantee as to the expected results of a transaction. ANB DOES NOT GIVE TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX AND INVESTMENT ADVICE. THE ANB SITE MAY INCLUDE ECONOMIC ANALYSIS OR FORECASTS, FACTS, VIEWS, OPINIONS AND RECOMMENDATIONS DEEMED OF INTEREST. ANB DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF, OR OTHERWISE ENDORSE, THESE FACTS, VIEWS, OPINIONS OR RECOMMENDATIONS.
Limitation of Liability and Indemnification
The liability of the ANB, its officers, directors, employees, agents, contractors or other suppliers ("ANB Parties") will be limited in accordance with this Agreement to the extent permitted by law.
ANB PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY (I) YOUR USE OF OR RELIANCE ON THE ANB SITE, OR (II) ANB’S PERFORMANCE OF ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. NOR IS ANB LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND ANB’S CONTROL. IN NO EVENT WILL ANB PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The ANB Parties shall not be liable in any way for (1) any inaccuracy, error, or delay in, or omission of (a) any information on the ANB Site, or (b) the transmission or delivery of any information on the ANB Site; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non–performance, (c) interruption of use of the ANB Site due either to any negligent act or omission by the ANB Parties or to any "force majeure" event (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the control of the ANB Parties. YOU UNDERSTAND THAT ANB ACCEPTS NO RESPONSIBILITY FOR THE SECURITY OF INFORMATION OVER THE INTERNET.
Without limiting any of the foregoing, if any of the ANB Parties are found liable to you for any claims or matters arising under or in connection with this Agreement, ANB and such other parties’ aggregate and maximum liability for all such matters and claims in any calendar year shall not exceed $10,000.
UPON REQUEST BY ANB OR ITS AFFILIATES, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ANB PARTIES FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM A BREACH OF THESE TERMS AND CONDITIONS FOR WHICH YOU ARE RESPONSIBLE, OR FROM THIRD PARTY CLAIMS ARISING FROM YOUR USE OF THE ANB SITE. ANB AND ITS AFFILIATES RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. NOTWITHSTANDING THE FOREGOING, YOU ARE NOT REQUIRED TO INDEMNIFY ANB OR ITS AFFILIATES FOR ITS VIOLATIONS OF APPLICABLE LAWS.
Security, Passwords, and Use of Site
You acknowledge that you are fully responsible and liable for any transactions initiated via the ANB Site. You acknowledge that you are in the best position to monitor your use of the ANB Site and any transactions you initiate, avoid unauthorized access, avoid errors in transmitting transactions through the use of the services available, protect the confidentiality and secrecy of all customer identification numbers and passwords, and govern the authority given to each authorized user on your behalf. Consequently, you agree that ANB shall have no duty or obligation to verify information submitted by you in using the services available or be responsible or liable for any unauthorized use of the services or ANB Site, or errors in transactions initiated by you, except as may be caused by the gross negligence or willful misconduct on the part of ANB. You acknowledge that ANB makes available certain security mechanisms and protocols for your protection. If you choose not to employ those mechanisms and protocols, you accept full responsibility for that decision.
ANB employs certain security requirements in an effort to protect online transactions, including without limitation, multi-factor authentication. Multi-factor authentication is intended to better protect bank customers by requiring a user to confirm multiple pieces of information to help ensure identity.
Business customers are required to access our Services by using a Token in an effort to provide added security for business transactions. For more information on the use of a Token, please see “Access to the Services” as part of the Business Online Banking Agreement.
We will disclose information to third parties about your account or the transfers you make:
Compliance with Applicable Law
The ANB Site may be used only for lawful purposes. Your conduct may be subject to local, state, national and international laws. You acknowledge and agree that you will not use or allow the use of the ANB Site in contravention of, and will comply with any applicable laws, rules, regulations or interpretations (collectively, "Applicable Law"). YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE TO ENSURE COMPLIANCE WITH APPLICABLE LAW FOR ANY AND ALL ACTIVITIES BY YOU OR YOUR AUTHORIZED PERSONS ON OR THROUGH THE ANB SITE.
You agree to provide ANB with any and all information, cooperation and assistance, documents and data as reasonably requested by ANB in order to allow ANB to comply with any and all Applicable Law. You understand and agree that ANB may report such information to regulatory authorities to the extent necessary, in its reasonable discretion, to comply with Applicable Law.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any content on the ANB Site subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of these Terms and Conditions.
Entirety and Incorporation
All materials at the ANB Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, or any copyright or proprietary notices. Any disclaimers, restrictions, or disclosure clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
This Agreement is governed by and construed under the law of the State of Texas and the Federal law of the United States. You hereby consent and submit to jurisdiction in the federal or state courts of Amarillo, Potter County, Texas. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Third Party Licensors
The ANB Site may, from time to time, provide you with various licensed programs from third party vendors which have been licensed by ANB for your use and/or which require you to sign or accept by clicking a third party license agreement. Your use of these licensed programs is subject to any and all restrictions and conditions applicable to these third party programs as contained in the third party license agreements.
Changes to Agreement
ANB may make changes to this Agreement at any time, without prior notice to you. Your continued use of the ANB Site indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view these Terms and Conditions often to stay informed of changes that may affect you.
Hardware and Software Requirements
The minimum computer hardware and software requirements to receive and keep the electronic disclosures, statements and notices are a computer and modem or other device capable of accessing the Internet and the ability to receive HTML files; an active "Internet Service Provider"; a web browser that supports encryption; the ability to download or print agreements and disclosures; and, Adobe Acrobat Reader software. All cost and expense of equipment, operating platforms, software and hardware necessary to access and use the ANB Site, and the maintenance thereof will be your sole responsibility. ANB will not be liable for any difficulty, damage or inaccessibility of information, statements or documents due to hardware or software incompatibility.
The terms and conditions in the Online Access Agreement and Electronic Funds Transfer Act Disclosure and/or Business Online Banking Agreement shall control in the event of a conflict with these Terms and Conditions. To the extent there is any conflict between these Terms and Conditions and any statements made elsewhere on the ANB Site, these Terms and Conditions shall control.
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Telephone: (806) 378-8000
Postal: Amarillo National Bank, P.O. Box 1, Amarillo, TX 79105
Electronic Messages: Electronic messages from you to us, or from us to you, will be treated as written documents for any purpose a written document is needed. However, we can require written confirmation of messages or instructions if we choose, and may delay any executing transactions until we receive confirmation acceptable to us. We might do this, for example, if we think it will help protect you or us from fraud or a loss, but we can do so in other circumstances.
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