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PACIFIC
NATIONAL BANK
WORLD WIDE WEB SITE - RULES AND REGULATIONS
Pacific National Bank requires that all visitors to its site on the World Wide
Web (the Site) adhere to the following rules and regulations. Every
person who accesses the Site (a User), whether or not such person is also a
customer of Pacific National Bank, is conclusively deemed: (i) to be
familiar with these rules and regulations; and (ii) to have accepted and agreed
to be bound by all of them.
1.
LAWS AND REGULATIONS
User who access and that use the Site is subject to all applicable U.S. and
State of Florida laws and regulations, adopted as of the date the User accesses
the Site.
2.
CHANGES TO RULES AND REGULATIONS
Pacific National Bank reserves the right to revise these rules and regulations,
at any time and without prior notice. All Users are bound by the rules
and regulations regarding the Site as are published on the Site by
Pacific National Bank, each and every time a User accesses the Site.
3.
CHOICE OF LAWS, JURISDICTION, VENUE
Any User of the Site agrees that the generic laws of the United States of
America and the State of Florida govern the Site, the materials published on
the Site and all transactions and contact between the User and Pacific National
Bank at the Site. Pacific National Bank's Head Office is in Miami,
Florida, United States of America, which is the locale at which published
materials are placed on the Site and at which transactions between Pacific
National Bank and a Customer of Pacific National Bank occur. By accessing
the Site or by utilizing the Site for any purpose, a User submits himself or
herself to the exclusive jurisdiction of the state courts of the State of
Florida over such User and further agrees that the State of Florida courts in
Miami-Dade County, Florida are the sole convenient forum for any resolution or
adjudication of any dispute between the User and Pacific National Bank, arising
out of or related to such User's access to the Site.
Any
User who does not desire to subject himself or herself to the jurisdiction of
the courts of the State of Florida for matters arising, directly or indirectly,
from such User's accessing the Site, should terminate such access immediately.
4. COPYRIGHT/TRADEMARKS
The trademarks, logos and service marks (Marks) that are displayed on the Site
are the property of Pacific National Bank or of third parties. All Marks
are subject to copyright by the owner of the Mark. Pacific National Bank
is a licensee of certain software that is utilized on the Site. Site
Users are prohibited from using any Marks for any purpose including, but not
limited to, as meta tags on other pages or sites on the World Wide Web, without
the prior written permission of Pacific National Bank or the third party which
owns the Mark. All information and content including any software program
available on or through the Site (Content) is subject to copyright protection,
the infringement of which is a violation of U.S. law. Users are
prohibited from modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative works or using any Content
available on or through the Site for commercial or public purposes or for any
other use except to gain information about Pacific National Bank. Users
who are customers of Pacific National Bank may use the Site to conduct Online
Banking Services, as provided in the Pacific National Agreement for Online
Services Pacific Direct Web® that
the customer executed with the Bank.
5.
NO WARRANTIES BY PACIFIC NATIONAL BANK
ALL CONTENT ON THE SITE IS PROVIDED TO THE USER AS IS, WITHOUT WARRANTY OF ANY
KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The
Site may contain Content that is prepared by or is the opinion of third parties
other than Pacific National Bank (the Third Party Content). Pacific
National Bank does not warrant any Third Party Content for any purpose
whatsoever.
6.
LIMITATION OF PACIFIC NATIONAL BANK LIABILITY
Pacific National Bank specifically disclaims all liability to any User for any
damages or injuries such User may incur or suffer arising out of the User's
access to or use of the Site. This limitation of liability includes, but
is not limited to, any computer virus that may infect the User's computer
because the User has accessed the Site.
Each User is cautioned that all of the Content is expressed on the Site for
general informational purposes only. Not all Content is applicable or
beneficial to every User. There may be adverse economic, tax or other
consequences to a particular User from application of any Content to such
User. Pacific National Bank urges each User to consult with an
appropriate professional advisor who can evaluate and advise the User of the
consequences of applying the Content to the particular situation or transaction
of the User.
Pacific National Bank's ability to provide access to the Site and the content
is conditioned upon the continued operations and availability of the computer
which houses the Site and of the telecommunications network connecting a User's
equipment to the Site. In the event access to this computer or network
connecting the User's equipment to the Site is suspended or terminated for any
reason, Pacific National Bank will not be responsible for the lack of access.
Information entered onto the Site by Pacific National Bank will be updated
periodically during regular banking hours for disbursing and such other
services as may be offered by the Bank, from time to time. Pacific
National Bank will exercise care in entering such information, however, the
Bank shall not be liable for information, which is inaccurate, incomplete, or
not current.
Pacific National Bank has no liability in any event to any of its customers for
loss of interest or any other damages resulting from any error in failing
properly to credit funds to or debit funds from a customer's accounts unless
the customer informs the Bank of the error within a reasonable time of the
transaction. A reasonable time shall never exceed sixty days from the
date of the statement on the customer's account which first disclosed the
error. If Pacific National Bank pays a customer interest in error, the
interest rate shall be the one in effect for the corresponding amount during
the time between the error being made and its being corrected. If the
account is not an interest bearing account, the rate used to determine the lost
use of funds shall be the one that was in effect for the Non-Personal Savings
Account during the applicable time.
7.
CONFIDENTIALITY OF COMMUNICATIONS
Except as required by applicable law, Pacific National Bank will use good
efforts to maintain the confidentiality of all personal information that any
Pacific National Bank customer may transmit to Pacific National Bank via the
Site. The Pacific National Bank Pacific Direct Web®
Privacy Policy, which appears on the Site, contains Pacific National Bank's
agreements with its customers regarding their privacy rights and sets forth
Pacific National Bank's undertakings to maintain such customers' personal
information protected from unnecessary, unwarranted or unapproved
dissemination. Pacific National Bank assumes no duty of confidentiality
or protection of personal information to Users, unless they are current
customers of Pacific National Bank.
8.
PROHIBITION AGAINST LINKED INTERNET SITES
Pacific National Bank prohibits any User from making any link between the Site
and any other site on the World Wide Web including, but not limited to, the
User's personal computer. This prohibition against unauthorized links
includes, but is not limited to, caching, unauthorized hypertext links to the
Site and the framing of any Content available through the Site. Pacific
National Bank reserves the right to disable any unauthorized links or frames
that are made to the Site. Pacific National Bank disclaims all
responsibility for any information, opinions or data that is made available to
a User from any other Internet sites that are linked to the Site. Access
to any other Internet sites that are linked to the Site is at the User's own
risk.
9.
USER POSTINGS ON THE SITE
The Site is not designed to post messages from Users. Should Pacific
National Bank determine to configure the Site so that Users could post messages
originating from Users, then Pacific National Bank is under no obligation to
review any messages, information or content (Postings) that may be posted on
the Site by Users and assumes no responsibility or liability relating to any
such Postings. Pacific National Bank may, from time to time, monitor the
Postings on the Site and may remove any Postings that contain:
·Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically or otherwise objectionable
material of any kind including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law;
·Advertisements or solicitations of any kind;
·Messages posted by Users impersonating others;
·Personal information such as messages which state phone numbers, social
security numbers, account numbers, address, or employer references;
·Messages that offer unauthorized downloads of any copyrighted or private
information;
·Multiple messages placed within individual folders by the same User restating
the same point;
·Chain letters of any kind; or
·Any material that is unsatisfactory to Pacific National Bank, for any rear
within its discretion.
10.
TRANSMISSION OF PERSONAL INFORMATION BY CUSTOMERS OF PACIFIC NATIONAL BANK
Any User of the Site who is a customer of Pacific National Bank and who uses
the Site to conduct Pacific Direct Web®
business (a Customer) understands that such Customer will, from time to time,
transmit and receive personal and/or confidential information across state and
international borders. The Customer consents to the transmission of such
personal and/or confidential information across jurisdictional borders.
Each Customer of Pacific National Bank should also refer to the Agreement for
Pacific Direct Web® that the Customer has signed with
Pacific National Bank.
11.
VIOLATIONS OF RULES AND REGULATIONS
Pacific National Bank reserves the right to seek all remedies available at law
and in equity for violations of these rules and regulations, including the
right to block access from a particular Internet address to the Site.
12.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS OF THE SITE
Access to and use of password protected and/or secure areas of the Site is
restricted to the authorized users thereof only, which are Customers of Pacific
National Bank who have executed Pacific National Bank's Agreement for
Pacific Direct Web®. Unauthorized Users who attempt to
access these protected or secure areas of the Site are subject to prosecution
by Pacific National Bank.
13.
USE OF COOKIE FILE FEATURES
Pacific National Bank reserves the right to store information on a User's
computer in the form of a cookie or similar file for purposes of modifying the
Site to reflect User's preferences. The Pacific National Bank Internet
Privacy Statement provides additional information regarding Pacific National
Bank's use of cookies, as well as procedures for disabling cookies.
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