Electronic Presentment Terms and Conditions

Acceptance of Terms: If you do not accept these Terms and Conditions, ServisFirst Bank (“the Bank”) has the right to discontinue providing the Electronic Presentment Service to you. These Terms and Conditions may be updated from time to time. Upon any change in the Terms and Conditions, we will notify you. Your continued use of the Electronic Presentment Service thereafter constitutes an acceptance of the changes and an agreement to be bound by said changes. If you do not agree to the changes, you agree to discontinue your use of the Electronic Presentment Service.

1. Services: The Bank, and its licensors, including High Cotton USA, INC, currently provide the Electronic Presentment Service that enables customers to view their statements and notices on the Web.

   1. Service Limitations: We will try very hard to make your experience with the Electronic Presentment Service a productive one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Electronic Presentment Services are provided "AS-IS", without warranties of any kind. We do not assume responsibility for timeliness, deletion, missed delivery, or failure to store any user data, communications or personalization settings. 

   2. Service Changes and Discontinuation: The Bank reserves the right to change or discontinue, temporarily or permanently, the Electronic Presentment Service at any time without notice. You agree that the Bank shall not be liable to you or any third party for any modification or discontinuance of the Electronic Presentment Service. 

   3. Privacy Policy: The Bank respects your privacy. The information you provide enables us to provide the Electronic Presentment Service to you. It also enables us to give you updates about the Electronic Presentment Service. We will not sell the information about your account to any third party. Your account information will only be used by us in these ways:

• To verify the existence of your service;

• To communicate with you and handle requests by you;

• To compile information about how our site is reached and used;

• To fulfill requests by you for information on other services; or

• To comply with court orders or regulatory proceedings.

4. Cancellation: You may cancel your enrollment in the Electronic Presentment Service at any time by sending a request for cancellation via contact information provided in the Help/FAQ section.

2. Conditions for Use:

   1. Provide Accurate Information: You agree to provide: True, accurate, current and complete information about yourself as requested in our registration form and account setup forms. You agree not to misrepresent your identity. You agree to keep your registration and account information up to date and accurate. 

   2. Guard Your Password: You will be asked to select a password when registering. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify the Bank immediately of any unauthorized use of your password or account or any other breach of security. The Bank shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time. 

   3. Obey the Law: You agree not to use the Electronic Presentment Service for illegal purposes or for the transmission of material that is unlawful, harassing, and libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others. 

   4. Proprietary Rights: You acknowledge and agree that the Bank and its licensor own all rights to this Web site and the content displayed on the site. You are only permitted to use this content as expressly authorized by the Electronic Presentment Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to attempt to, or reverse-engineer or reverse-compile any of the technology used herein.

3. Rights You Grant to the Bank regarding the Electronic Presentment Service:

   1. Advertising. You agree that the Bank may display advertisements and promotions of all kinds in and with the Service. 

   2. Account Access. In order to ensure that the Bank is able to provide high quality services that are responsive to members' needs, you agree that the Bank employees and agents may have access to your account and records. 

   3. Third Party Accounts. By using the Electronic Presentment Service, you authorize the Bank to access third party sites designated by you, on your behalf, to retrieve information requested by you and you hereby appoint the Bank as your agent for this limited purpose. You hereby permit the Bank to use information submitted by you to the Electronic Presentment Service to accomplish the foregoing.

4. Legal Material:

   1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE ELECTRONIC PRESENTMENT SERVICE IS AT YOUR SOLE RISK. THE ELECTRONIC PRESENTMENT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

THE BANK MAKES NO WARRANTY THAT:

1. THE ELECTRONIC PRESENTMENT SERVICE WILL MEET YOUR REQUIREMENTS.

2. THE ELECTRONIC PRESENTMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ELECTRONIC PRESENTMENT SERVICE WILL BE ACCURATE OR RELIABLE.

4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ELECTRONIC PRESENTMENT SERVICE WILL MEET YOUR EXPECTATIONS.

5. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BANK OR THROUGH OR FROM THE ELECTRONIC PRESENTMENT SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS AND CONDITIONS, THEN THIS SECTION WILL CONTROL.
 

2. LIMITATION OF LIABILITY. YOU AGREE THAT THE BANK WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
    

   1. ANY OTHER MATTER RELATING TO OR ARISING OUT OF THE ELECTRONIC PRESENTMENT SERVICE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

3. Indemnification. You agree to protect and fully compensate the Bank and its affiliates, and service providers from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Electronic Presentment Service, your violation of the Terms and Conditions or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone. 

4. Other. This agreement cannot be changed or any of the Bank’s rights waived unless the Bank agrees in writing or you continue using the Electronic Presentment Service following receipt of notice of any changes proposed by the Bank. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at the Bank’s discretion. The Bank may broadcast notices or messages through the Electronic Presentment Service to inform you of changes to the Terms and Conditions, the Electronic Presentment Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to the Bank must be made in writing. If any provision of these Terms and Conditions is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The laws of the State of Alabama apply to this agreement. These Terms and Conditions are the entire understanding between you and the Bank with respect to the Electronic Presentment Service.