Terms and Conditions of Use
These Terms and Conditions of Use were last modified in June 2022.
You may use this Website and any of its pages, or related Websites (collectively “Website”), only if you agree to the following terms and conditions (the “Terms”). If after reviewing the Terms, you disagree with or do not understand any of the Terms, please EXIT this Website. Your only recourse for disagreement with the Terms or dissatisfaction with this Website, or any of its pages, is to stop using this Website. By using this Website, you agree to be bound by the Terms of this Website and all applicable laws and/or regulations.
NATURE OF WEBSITE AND JURISDICTION
This Website is intended only to provide information about Delta National Bank and Trust Company (“DeltaBank”) and the services it offers. DeltaBank may, at any time and without notice, change the content or information on this Website. and the services it offers. NOTE: NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL JURISDICTIONS AND GEOGRAPHICAL LOCATIONS. Eligibility for services offered by DeltaBank is subject to the final determination of DeltaBank and all applicable U.S. Federal, State or local statutes or regulations and any restrictions or limitations imposed by any supervisory or regulatory authority.
DeltaBank reserves the right to modify, change or revise the Terms at any time without prior notice to you. You are responsible for regularly checking the Terms of this Website for any changes, revisions or modifications. By using this Website, you agree to be bound by the subsequent changes, revisions or modifications of the Terms of this Website whether or not you have reviewed such revised Terms.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
These Terms apply only to this Website and not to the sites of any third parties to which this Website may link (“Third-Party Sites”). DeltaBank has no control over these Third-Party Sites, all of which have their own terms and conditions, security and privacy policies. DeltaBank shall not be liable or held responsible for the contents, services, products, information, or materials obtained from or made available by these Third-Party Sites. The Third-Party Sites to which this Website may link or the Third-Party Sites’ contents, services, products, information, or materials appearing on this Website are not to be construed or interpreted as an express or implied endorsement, approval, sponsorship or authorization by DeltaBank of these Third-Party Sites and/or their contents, services, products, information or materials.
The contents contained on this Website, including, but not limited to, web pages, works of authorship, brands, designs, text, logos, images, graphics, interfaces, or code (collectively, “Intellectual Property”) are, unless expressly stated otherwise, the sole property of DeltaBank, its parent, its subsidiaries and affiliates and are protected by United States and international intellectual property laws and international treaties. Third-Party Sites’ contents, services, products, information, or materials contained on this Website are the properties of their respective owners. Except as otherwise stated herein, the Intellectual Property may not be copied, modified, altered, transmitted, displayed, distributed (for compensation or otherwise), sold, licensed, edited, published, framed, exploited, stored for subsequent use or otherwise used in whole or in part in any manner by you or your agent without the prior written consent of DeltaBank. You may download or make one copy of downloadable materials displayed on this Website on a single computer for personal use, provided that the same are not used for any commercial purpose, are not to be distributed to third parties or offered for sale to third parties, and further provided, that all copyright and other notices contained in the copyrighted materials are left intact. Any modification of the materials contained on this Website, or any portion thereof, or use of the materials for any purpose other than as expressly permitted hereby, constitutes an infringement of copyright, intellectual property rights, and other proprietary rights of DeltaBank and their respective third-party owners.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DeltaBank designates the agent listed below to receive notifications of claimed infringement. All notifications of claimed infringement should be sent to the following:
Miriam O. Hyman, Esq.
McLaughlin & Stern, LLP
260 Madison Avenue
New York, New York 10016
Tel.: Direct:(212) 448-6220
Main: (212) 448-1100 x1327
Please include with your Notification ALL the following information.
- physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DeltaBank to locate the material;
- information such as an address, telephone number, and if available, an electronic e-mail address at which the complaining party may be contacted by DeltaBank;
- a statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LIMITATIONS ON SERVICE INFORMATION AND LIABILITY
The data provided on this Website is for information purposes only and is subject to revision. It is not a substitute for your periodic statement. The information and materials contained on this Website are provided on an “AS IS” basis and without warranties of any kind, either express or implied. DeltaBank does not attest to the accuracy, authenticity, correctness, truthfulness, integrity, legality, precision or validity of any of the information or materials contained on this Website, and it makes no commitment to update any of the information or materials contained on this Website. DELTABANK HEREBY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE. DELTABANK, ITS PARENT, SUBSIDIARIES OR AFFILIATES, DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ACCURACY, ADEQUACY OR COMPLETENESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUS.
This Website may contain typographical errors.
Nothing on the DeltaBank Website shall be construed, interpreted or considered to be a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
The securities and financial instruments that appear or are described on this Website are not insured by the Federal Deposit Insurance Corporation (FDIC) or any Government Agency, are not guaranteed by DeltaBank, and are subject to investment risks, including possible loss of the principal amount invested.
The information and materials on this Website are provided by DeltaBank and other content providers with the understanding that it does NOT constitute the rendering of legal, accounting, tax, career or other professional advice and services. Thus, you should not rely upon or use the information and/or materials on this Website as a substitute for consultation with professional advisers. None of the information and materials contained on this Website should be construed as an investment recommendation or endorsement by DeltaBank. By using this Website, you agree not to hold DeltaBank liable for any possible claim for any damages, direct or indirect, arising from any decision you make based on any information or materials contained on this Website.
In no event shall DeltaBank be liable or responsible for any damages, including without limitation, direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this Website or its use, including, without limitation, (i) the inability to use this Website for any reason, including, among other things, impossibility, unavailability or interruption of access, errors, omissions, faults, delays in the transmission of information or in processing transactions, computer viruses or other code or component that might affect your computer system or other property, faulty hardware, faulty phone line systems or any software program, product or service, failure in any of the Website’s components, or any directly or indirectly related equipment, system, programming or network (including, without limitation, the Internet) even if DeltaBank is aware of such problems; (ii) the interception, alteration or otherwise by any third-party of the information, technical material or other content available on this Website or which you sent to the Website; (iii) any breach of security involving this Website, unless DeltaBank otherwise expressly accepts liability elsewhere; (iv) the failure of the materials on this Website to be correct, accurate, timely, or otherwise reliable; or (v) the use of this Website or the information on this Website. DeltaBank does not provide, endorse or guarantee any of the information, recommendations, products or services of any third parties or third-party sites, nor does it accept any liability in connection with the security measures employed by such third parties or third-party sites.
The DeltaBank Website includes information, commentary, research reports or data concerning the financial markets, securities and other subject matter provided by or obtained from companies or entities that are not affiliated with DeltaBank (“Third-Party Content”). Third-Party Content providers may include, but are not limited to, Dow Jones, Market Watch, and Reuters. Third-Party Content published on this Website is available through framed areas, or through hyperlinks to Third-Party websites. The Third-Party Content is protected by United States and international intellectual property laws and international treaties and is owned or licensed by the Third-Party Content provider/owner.
DeltaBank has not been involved in the research, data gathering, preparation, adoption or editing of Third-Party Content and does not explicitly or implicitly endorse or approve such content. Third-Party Content providers do not implicitly or explicitly endorse or approve the Third-Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While DeltaBank makes every attempt to provide accurate and timely information to serve the needs of its clients, neither DeltaBank nor the Third-Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products or other material on or available from third-party sites. Third-Party Content is provided for informational purposes only and DeltaBank and Third-Party Content providers specifically disclaim any responsibility for Third-Party Content available on the Website. You will use Third -Party Content only at your own risk. The Third-Party Content is provided on an “as-is” and “as available” basis.
You agree to defend, indemnify, and hold harmless DeltaBank, its parent, subsidiaries, affiliates, and service providers, and their respective directors, officers, employees, contractors, licensors, suppliers, and successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website, or your violation of any applicable federal or state laws and regulations.
DISPUTE RESOLUTION, ARBITRATION AND JURISDICTION
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and DeltaBank are each waiving the right to a trial by jury or to participate in a class action.
These Terms, the relationship between you and DeltaBank and any arbitration shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and DeltaBank agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York.
WAIVER AND SEVERABILITY
No waiver by DeltaBank of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DeltaBank to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.