Terms and Conditions of Use
WELCOME TO TRADITION BANK’S WEB SITE (www.traditionbank.com). THESE TERMS AND CONDITIONS OF USE GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE SITE. BY ACCESSING THE SITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS.
Unauthorized use of Tradition Bank’s website and systems including but not limited to unauthorized entry into our Internet banking system, internal network, misuse of passwords, or misuse of any information posted on our website is strictly prohibited.
Product and Services Information
This Site has been established by Tradition Bank (bank) for the purpose of conveying information about Bank’s products and services and to allow communication between Tradition Bank and its customers. Nothing contained in any page on this Site takes the place of Bank’s agreements that govern our products and services and disclosures made in accordance with federal and state laws and regulations. If any information on the Site conflicts with that in Bank’s agreements and disclosures, such agreements and disclosures will control.
To subscribe to Bank’s Internet Banking service ("Online Banking"), you must maintain at least one deposit account with Bank, which may include the following types of accounts: checking account, savings account or money market account (collectively and individually, “Accounts”). Internet Banking will allow you to access more than one Account, view Account balance and transaction information, transfer funds among designated Accounts, send electronic communication to the Bank and receive electronic communication from the Bank. You agree that by using Internet Banking to conduct transactions, the information, communications and transfers will be recorded and/or data captured. By using the Bank’s online products you consent to such recording.
Computer Equipment and Software
You must have an Internet Service Provider and a web browser to utilize Online Banking through the Internet. The Bank is not liable for losses resulting from the use of any browser using less than 128-bit data encryption. You are solely responsible for the maintenance, installation and operation of your computer and for the software used in accessing Online Banking. The Bank shall not be responsible for any errors, deletions, or failures that occur as a result of any malfunction of your computer or software, nor shall the Bank be responsible for any computer virus or malicious software that affects your computer or the software while using Internet Banking.
Upon becoming a Commercial Online Banking customer and you are issued a TOKEN, which will allow access to information on your existing Accounts with the Bank. Use of the TOKEN number assigned to you will indicate to tradition Bank your acceptance of these Terms. Each time you engage in an Internet Banking Transaction, you will be required to enter your TOKEN number. Any person(s) initiating an Online Banking Transaction on behalf of a commercial customer by entering the correct TOKEN is deemed as acting with the full authority of the Board of Directors, members or general partners, as applicable, of the commercial customer. You are responsible for maintaining the confidentiality of your TOKEN and any breach of confidentiality must be promptly reported Tradition Bank. The Bank reserves the right to prevent your access to Online Banking should the Bank have reason to believe the confidentiality of your TOKEN has been compromised. You acknowledge and agree that by providing any personal or proprietary information through Online Banking, you consent to the transmission of such personal or proprietary information to the Bank, its agents and processors as necessary for secure processing in accordance with the Bank’s standard business practices. You shall be responsible for all Online Banking Transactions you authorize. You shall also be responsible for all Online Banking Transactions initiated by persons to whom you have given your access information. You may have responsibilities as governed by the Electronic Fund Transfer Act (15 U.S.C. 1693, et seq.)
Links to Other Internet Sites
The information and materials contained in this Site are owned by The Bank or by others, as applicable. No material may be copied, displayed, transmitted, distributed, framed, sold, stored for use, downloaded, or otherwise reproduced except as permitted by law. All contents of this Site are © 2014 Tradition Bank all rights reserved. Online Banking contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, the entire selection, coordination, arrangement and “look and feel” of Online Banking is copyrighted as a collective work under United States copyright laws. Neither these Terms nor your use of Online Banking transfers any right, title or interest in the Site or content on this Site to you, and Tradition Bank and its third party licensors retain all of its and their respective right, title and interest to the Site and its content.
NEITHER TRADITION BANK NOR ANY OF ITS AFFILIATES MAKES ANY WARRANTY OF ANY KIND REGARDING THE PRODUCTS AND SERVICES ADVERTISED ON OR ACCESSED THROUGH THIS SITE OR ANY LINKED SITE. BANK WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION DISPLAYED IS ACCURATE; HOWEVER, BANK EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, AND THE ABILITY TO USE THE SITE WITHOUT CONTRACTING A COMPUTER VIRUS. BANK IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE), INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE, THAT RESULT FROM THE ACCESS TO OR USE OF THIS SITE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE OMISSION OF INFORMATION, THE FAILURE OF EQUIPMENT, THE DELAY OR INABILITY TO RECEIVE OR TRANSMIT INFORMATION, THE DELAY OR INABILITY TO PRINT INFORMATION, THE TRANSMISSION OF ANY COMPUTER VIRUS, OR THE TRANSMISSION OF ANY OTHER MALICIOUS OR DISABLING CODE OR PROCEDURE. THIS LIMITATION APPLIES EVEN IF BANK OR ANY OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF INTERNET BANKING.
BY ACCESSING ONLINE BANKING THROUGH THE WORLD WIDE WEB, YOU AGREE THAT THE NEITHER TRADITION BANK NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNATIVE COSTS, EXPENSES OR DAMAGES (INCLUDING LOST SAVINGS OR PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO THESE TERMS OF YOUR USE OF THIS SITE. THE MAXIMUM AGGREGATE LIABILITY OF BANK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE ONE HUNDRED US DOLLARS ($100.)
If any provision of these Terms are found to be invalid or unenforceable under applicable law, said provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of these Terms.
Jury Trial Waiver and Arbitration
You hereby knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury in respect to any litigation based hereon or arising out of these Terms or relating to the account as permitted under applicable law.
You agree that any dispute arising out of or relating in any way to your use of this Site or Online Banking requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Bank's intellectual property rights, the Bank may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the city of Houston, Texas. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all charges and fees associated with the arbitration.
BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed. In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Houston, Texas, and each party hereby waives any defense related to personal jurisdiction, process or venue.
You agree to indemnify, defend and hold Bank, its affiliates, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of, or in any way related to your use of or access to this Site, your use of Online Banking, including any use by your employees, your violation of these Terms or your violation of any rights of a third party.
The Bank may waive any term or provision of these Terms at any time or from time to time, but any such wavier shall not constitute a waiver of the term or provision in the future.
Either party may terminate these Terms by giving sufficient notice to the other party. Any transaction you have initiated prior to receipt of notice of termination by the Bank will continue to be made until Tradition Bank has had a reasonable opportunity to act upon the notice of termination. If the Bank terminates your access to Internet Banking, the Bank reserves the right to immediately stop making transfers from your Account(s), including those you previously authorized.
This agreement and the use of this website are governed by and interpreted in accordance with the laws of the State of Texas.