Terms and Conditions

The following terms and conditions constitute a legal agreement (“Agreement”) between Austin Capital Bank and you (“you” or “your”) regarding your use of Austin Capital Bank’s Web site (“Site”). Please read all of the following terms and conditions before using this Site. By accessing, browsing, and/or using this Site, you represent and warrant that: you have read, understood, and agreed to be bound by these terms and conditions; this Site may be used by you solely for informational purposes; your use of this Site is subject to all applicable laws and regulations; and, to the extent there is another agreement between you and Austin Capital Bank, these terms are supplemental and not a conflicting agreement. If you do not agree to the following terms and conditions, do not access or use this Site.

Limited License

Subject to the terms and conditions set forth in this Agreement, Austin Capital Bank grants to you a non-exclusive, non-transferable, limited right and license to: (1) access, use and display this Site and the Content on this Site solely for informational purposes; and (2) view and download the information and materials on this Site (“Content”) only for your personal, non-commercial use. Except as expressly stated herein, you may not copy, reproduce, distribute, republish, download, display, post, or transmit any Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Austin Capital Bank. You further agree not to interrupt or attempt to interrupt the operation of the Site in any way. This Site, including all Content, is copyrighted and protected by U.S. and foreign copyright laws and international treaty provisions. The limited right and license granted above does not transfer title in the Content or any copies of the Content. You agree to retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose. You agree to abide by any additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all copyright laws and treaties worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Austin Capital Bank does not grant any express or implied right to you under any intellectual property rights. Austin Capital Bank may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and for any reason. Austin Capital Bank may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The limited right and license granted above terminates automatically if you breach any of the terms and conditions of this Agreement. Austin Capital Bank may also terminate the limited right and license given above at any time for any reasons. Upon any termination of the limited right and license given above, you shall immediately destroy all Content. Intellectual Property; Information You Provide to Austin Capital Bank All trademarks, servicemarks, trade names, and logos (“Marks”) used and displayed on the Site are registered and unregistered marks of Austin Capital Bank or the respective third party owner. Nothing on the Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks, without the written permission of Austin Capital Bank or the owner of the Mark. Austin Capital Bank’s Marks may not be used in any way without prior written permission from an authorized representative of Austin Capital Bank. Any personal identifying information you provide to Austin Capital Bank through this Site is protected by Austin Capital Bank’s Web Site Privacy Policy. You agree that Austin Capital Bank does not want you to, and you should not, send any confidential or proprietary information to Austin Capital Bank through the Site. Any information or materials, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Austin Capital Bank by you or on your behalf through the Site, including but not limited to any related intellectual property, will not be considered confidential or proprietary and become the exclusive property of Austin Capital Bank without compensation. You hereby agree to take whatever further actions may be necessary to assign your rights to the same to Austin Capital Bank. Without limiting the foregoing, if any such information or materials is provided to Austin Capital Bank, you agree that Austin Capital Bank will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials for any purpose whatsoever, and you further agree that Austin Capital Bank is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Austin Capital Bank. You are prohibited from posting or transmitting, and you warrant that you will not post or transmit, to or from the Site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any information that incorporates the proprietary information or material of another.

Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT MAY CONTAIN INACCURACIES. AUSTIN CAPITAL BANK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION ON THE SITE IS AT YOUR SOLE RISK. AUSTIN CAPITAL BANK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY INACCURACIES OR ERRORS IN ANY PORTION OF THE SITE. AUSTIN CAPITAL BANK MAY MAKE ANY OTHER CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to this Site

Austin Capital Bank must approve any link to this Site in advance and in writing.

Links to Other Web Sites

As a convenience to you, Austin Capital Bank may provide, on this Site, links to Web sites operated by third parties. You will leave the Site if you use these other sites. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Austin Capital Bank makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing there or any of the products or services described there. Links do not imply that Austin Capital Bank or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Austin Capital Bank.

Limitation of Damages

IN NO EVENT WILL AUSTIN CAPITAL BANK OR ANY OF ITS AFFILIATED COMPANIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM) THAT ARE RELATED TO OR ARISE FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE CONTENT, AND/OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF AUSTIN CAPITAL BANK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Changes to this Agreement Austin Capital Bank reserves the unrestricted right, in its sole discretion, to modify any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when the changed terms are posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

International Users and Choice of Law

This Site is controlled, operated and administered by Austin Capital Bank from its offices within the United States of America. Austin Capital Bank makes no representation that any Content is appropriate or available for use at locations outside of the United States. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations. The terms and conditions of use of this Site shall be governed by the laws of the State of Texas, without regard to its conflict of laws provisions.

Miscellaneous

This Agreement constitutes the entire agreement between Austin Capital Bank and you with respect to your use of the Site and any Content. Any cause of action you may have with respect to your use of the Site or any Content must be commenced within one hundred and eighty (180) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.