Terms & Conditions
PLEASE READ THE FOLLOWING AGREEMENT WHICH GOVERNS YOUR USE OF THE "COMMUNITY & SOUTHERN BANK" WEBSITE, CURRENTLY LOCATED AT WWW.MYCSBONLINE.COM (THE "WEBSITE"), WHICH IS OWNED AND OPERATED BY BANK OF THE OZARKS, AN ARKANSAS BANKING CORPORTION, SUCCESSOR-BY-MERGER TO COMMUNITY & SOUTHERN BANK ("BOTO"). THE TERMS AND CONDITIONS SET FORTH HEREIN APPLY TO ALL MATERIALS, ONLINE COMMUNICATIONS, ONLINE CUSTOMER SERVICE PROVIDED BY BOTO, 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:
1. Usage Restrictions. This Website is owned and operated by BOTO. 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 BOTO'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.
2. External Links. This Website may contain links to other websites. BOTO 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 BOTO 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 BOTO.
3. Disclaimer of Warranties. THIS WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, BOTO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOTO DOES NOT WARRANT THAT ANY CONTENT ON THIS SITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). A "Disabling Device" is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, time bomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
4. Limitation of Damages. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BOTO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE OR ITS CONTENT, BY YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON SUCH CONTENT, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
5. Indemnification. You agree to indemnify BOTO 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.
6. Jurisdiction. BOTO operates and controls this Website from its offices located in the state of Georgia in the United States. BOTO 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 BOTO 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.
7. Third Party Content, Copyrights and Trademarks. BOTO 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 BOTO. This Website, including its "look and feel" attributes, are copyrighted by BOTO, with all rights reserved. "Bank of the Ozarks" "BOTO" "CSB" and "Community & Southern Bank" are trademarks and/or service marks of Bank of the Ozarks. Other brand and product names found on this site may be the trademarks of third parties, with all rights reserved.
9. General. BOTO 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. BOTO 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 BOTO.
10. Other. 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.