Privacy Policy

Aggregation Privacy and Security Policy

City National Bank is firmly committed to the privacy and security of your personal information. We respect your privacy and confidentiality needs. With that in mind, we have developed this policy to explain and disclose the types of information that we collect in our Aggregation Service (“Service”) and how we use and protect your personal information.

The licensor and service provider that we use to provide the Service has established processes and procedures designed to protect your Account and Login Information from unauthorized access. The Service that we utilize employs the highest level of industry-standard security technologies. The security features of our Service are further described in other sections of this policy.

INFORMATION THAT WE COLLECT

In order to provide the Service to you, our service provider collects certain personal information on our behalf through the registration process. We must also collect general information from all web site visitors for security, administrative, and statistical purposes. This general information is collected electronically when you visit our site and is stored in our server logs. The information stored in the server logs is not personally identifiable. Additional detail on the information we collect is discussed below.

Registration. The Personal Information that you provide during registration, your Account and Login information with City National Bank, as well as Account and Login information with other third parties will all be considered your nonpublic personal and confidential information.

During the registration process, we collect basic contact information as necessary to provide the Service to you and to administer your account. Our registration form requires users to give us information such as your name, a personal password, User-ID, email address, and physical address. We may use your email address to send a welcome notice for new members and possibly for certain other administrative functions involving your account.

Server Logs. In order to diagnose potential server issues, to perform certain administrative functions, and to provide us statistical information on site usage, our service provider maintains server logs on our behalf, which include information such as:

The Internet address (referral site) which brought you to our site;
The date and time you access our site;
The name and version of your web browser;
The Internet service provider you used when you accessed our site;
Your Internet Protocol (IP) address; and
The pages visited in our site.

None of this information is linked to personally identifiable information.

THIRD PARTY SHARING

In order to provide the Service to you, we must access your Account Information at third party sites. We require you to provide us the information necessary to access the third party sites; typically this includes a username and password. We will use this information only to access the site on your behalf and to provide the services you request.

We will not exchange or disclose any of your nonpublic personal information, Account or Login information with any third party except as necessary to complete a transaction that you request, or to provide you with the Service. We must disclose your personal information to our service provider, which provides this Service to you on our behalf.

We may disclose such information if required by law, financial institution regulators, court or governmental order. We will not sell any of your nonpublic personal information.

In order to administer the account, City National Bank or our service provider may contact you regarding your account status and other matters relevant to the underlying Service and/or the information collected. If you provide us account Information from an account provider or company that is not currently registered with us, we may use this information in order to facilitate registration of the account provider so that we can make your account information available.

In the future, we may share general, aggregated, compiled data with advertising companies or other financial institutions pursuant to a joint marketing agreement. Such aggregated data would not contain any personally identifiable information and would only be used to display content that may interest our users.

LINKS TO THIRD PARTIES

Our site may contain links to third party Web sites. Please note that City National Bank is not responsible for the privacy practices or the content of any third party site. You may still see our logo while visiting other 3rd party sites. A technique called “Framing” allows us to display our logo and look and feel while allowing you to browse another site at the same time. It’s important to note that while you may still see our logo and frame, any information you provide to a 3rd party is not covered by our privacy policy. Be sure to check the privacy statements of any third party web site for information about their use of cookies and personal information they may collect independently.

This privacy policy applies solely to information collected through our Service. You should closely review privacy policies of third party sites, as you will be subject to their policies when you visit their sites.

SECURITY

Our service provider, FundsXpress Financial Network, Inc., has established security measures designed to protect the loss, misuse and alteration of your Account and Login Information under our control. All of your nonpublic personal and confidential information is kept on a secure server and it is protected using physical and logical security measures.

SECURE DATA ACCESS AND VERIFYING USER AUTHENTICITY

To use the service, you must enter your User-ID and your password. Upon successful login, the Digital ID from Thawte, a digital identification certificate authority, authenticates your identity and establishes a secure communication between your computer and the servers of FundsXpress. Technically, this is known as a server session.

Our system uses a "3 strikes and you're out" lockout mechanism, which prevents repeated login attempts. After three unsuccessful login attempts, the system locks the user out. Once a lockout occurs, a communication by email between the user and FundsXpress is required to verify the user's identity before re-entry into the system is allowed.

SECURE DATA TRANSFER

Once the server session is established; your computer and our application server are in a secure communications environment. The FundsXpress server has been certified as a 128-bit secure server by Thawte and the data traveling between you and FundsXpress is encrypted with Secure Sockets Layer (SSL) protocol. All customer data, including your City National Bank User-ID and password, all third party usernames and passwords, and all of your account information with third parties is always transmitted in encrypted format. With SSL, this encrypted data can only be decrypted with the public and private key pair. In short, the server issues a public key to your browser and creates a temporary private key. These two keys are the only combination possible for that session. When the session is complete, the keys expire and the whole process starts over when you initiate a new server session.

ROUTER AND FIREWALL

Your information requests are received by the FundsXpress router(s), a piece of hardware that directs traffic to the appropriate server. The information is then filtered by a firewall (a piece of software) to identify and then either block or direct traffic coming to the server. The configuration begins by disallowing ALL traffic and then opens gates only when necessary to process acceptable information requests.

SECURE DATA STORAGE

All of your account information, password, User-ID, and personal registration information are stored in a secure database. Your Account and Login Information are encrypted when stored in our database. This helps protect your information from any unauthorized access. Only the user with a correct ID and password can access this information. Your encrypted account information and passwords are not available to City National Bank or FundsXpress, or any other service provider employees. Only a limited number of trusted employees can view portions of your registration information as necessary to verify your identify and help you reset your password.

CORRECTING / UPDATING PERSONAL INFORMATION

The Service gives you the option to cancel at any time and remove your information from our database. This can be done at the following URL: http://www.cnbt.com by selecting the "options" feature and choosing the "unsubscribe" option. Upon cancellation of the service, your personal information will be removed from our database within 30 days.

This Service also gives you the option to change and modify information previously provided. This can be done at the following URL http://www.cnbt.com by selecting the "options" feature and choosing the "personal" or "password" options.

NOTIFICATION OF PRIVACY POLICY CHANGES

If at some point in the future, we change our information collection, usage and disclosure practices that affect your nonpublic personal and confidential information, we will provide you prior notice of these changes and will allow you to opt-out of such disclosure if required by law.

CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: us at info@cnbt.com or one of these numbers 512-352-2265 or 1-800-848-8472.

TERMS OF SERVICE

Welcome to the Account Aggregation service, a personal financial aggregation service (the "Service") brought to you by City National Bank.

This is a customized version of an account aggregation service licensed to this Financial Institution by FundsXpress Financial Network, Inc. (FundsXpress). This Financial Institution and FundsXpress are hereby collectively referred to as (“We”, “Us”, and “Our”).

These Terms of Service (“Terms”) set forth the terms and conditions of our agreement with you for any use of the Service. You should read these Terms carefully, particularly Section 8, which discusses the Rights You Grant to Us, Section 13, which includes the Rules and Responsibilities for Registered Users, and Sections 17 and 18, which discuss Liabilities and Warranties for Use of the Service. It is important that you understand both the benefits and limitations of the Service.

ACCEPTANCE OF TERMS

When you click on the "I Accept" button below, you agree to the Terms, conditions, and notices contained or referenced in this document. You also agree to accept the electronic version of these Terms and acknowledge your responsibility for your use of the Service.

If you do not agree to all of these Terms, click on the "I Decline" button below. If you do not accept these Terms, you will not be entitled to use the Service.

DESCRIPTION OF SERVICE

The Service currently provides you with access to an online personal collection of information from your various accounts and information sources. The Service consolidates, organizes, and presents account information from your Account Providers and other sources of your online accounts within one convenient location. Please note that we may add to, modify, or delete any feature of the Service from time to time in our sole discretion without notice to you. Unless explicitly stated otherwise, any new features shall also be subject to these Terms.

The Service has been designed so that you may see your accounts and click on either a " link" to the Account Provider or an "automatic login" button for that Account Provider. Some Account Providers, including this financial institution, allow direct access to their sites by this automatic login button, but others may still require you to provide your user name and password in order to log on and conduct transactions at their sites.

You may access, through the Service, websites, merchandise, and/or other services from third parties other than this Financial Institution. We do not make any representations regarding any such third parties, their content or services, and you are responsible for complying with their Terms of Service, Use, Conditions, or agreements and policies.

SERVICE CHARGES

The Service is currently provided to you free of any monthly charges or transaction fees. However, we reserve the right to impose fees and charges. We will notify you as set forth in Section 4 if there is ever a charge to you for the Service. You may incur monthly Internet access fees from your Internet Service Provider.

UPDATES TO TERMS

We reserve the right to update these Terms at any time. Any modifications shall be effective when they are posted on the Service. You will be notified at least thirty days prior to any material change which may affect your rights, such as changes regarding how your personal information is maintained or used, hardware and software requirements necessary to access the service, and any imposition, or increase in fees. We will notify you by e-mail, at the address you have provided, of the new or different terms and conditions or provide you an e-mail link to such new or different terms and conditions on our Web site.

Any such notices will be considered received when made available to you at the address you have provided. Any such notices will be made available on our Web site for at least 90 days. If you continue to use our Service after the effective date of such notice, your continued use of the Service constitutes your acceptance of the changes and your agreement to be bound by the new Terms. If you do not agree to the changes, you agree to discontinue your use of the Service. You can review the most current version of these Terms at any time by clicking the “Terms of Use” link at the bottom of each page.

ACCESS TO SERVICE AND RETENTION OF REQUIRED DISCLOSURES

You may download or print these Terms from your computer if you have the hardware and software described below in section 6. You may request a paper copy of the Terms and any updates free of charge by calling us at 512-352-2265 or 1-800-848-8472 or by sending us an email at info@cnbt.com.

You have the right to withdraw consent to electronic versions of future updates and additional notices, but if you do, we may immediately cancel your participation in the Service. To withdraw consent to electronic disclosures, please contact us at 512-352-2265 or 1-800-848-8472 or send us an email at info@cnbt.com. We will verify that you also intend to cancel the Service.

HARDWARE AND SOFTWARE REQUIREMENTS

In order for you to access the Service and retain records, Terms, and other disclosures in connection with the Service, your system must meet the following requirements:

An IBM or Macintosh compatible computer
Internet Access
An Internet Browser that supports 128-bit encryption. Netscape Navigator 4.08/Netscape Communicator 4.7 or later versions. Microsoft Internet Explorer 4.01 or later versions (4.51 for Macintosh users)
To print or download disclosures, you must have a printer connected to your PC or sufficient hard drive space to save the disclosure.

REGISTRATION FOR THE SERVICE

In order to provide you with the Service, We must collect your online account Login Information as well as certain personal information necessary for administration of the Service. When you register for the service, we will collect personal information such as: as your name, email address, home address and ZIP code.

In order to collect and display your Account Information, you must provide us with your online account “Login Information” for your Account Providers that you wish to have included in the Service.

Your Account Information is defined as the actual data such as bank balances, frequent flyer mileage balances, etc. that we collect from Account Providers on your behalf.

Login Information is defined as your username, password and/or personal information numbers (PIN) that are specific to your accounts and that provide online access to those accounts.

RIGHTS YOU GRANT US

In order for you to utilize the Service, you must grant certain rights to Us.

Content You Provide. Subject to our Privacy Policy, which is described below and is available on the web site, you are licensing to us any "Content", which includes account information, data and or personal information obtained from your third party accounts, which you provide through or to us and the Service. We may use, modify, display, distribute and create new material using such Content but only to provide the Service to you. By using the Service, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out above to serve you.

Account Access. In order to ensure that we are able to provide high quality Services that are responsive to registered members' needs, you acknowledge and agree that Our employees, third party service providers, auditors, attorneys and other agents may have access to your Account Information and records as reasonably needed to investigate complaints, comply with applicable laws and to service your account.

By providing Login Information to Us, you expressly authorize Us to act as your agent with limited power of attorney to access and retrieve your account information maintained by the Account Provider on your behalf. Specifically you are authorizing Us to:

Collect your Account Information with or without the permission of the Account Provider,
Process your request through or with your Account Provider each time you use the Service,
Re-format and manipulate your Account information for presentation to you through the Service,
Create and provide hypertext links to your Account Providers,
Submit the Login Information you have provided to us through such hypertext links to allow further access to the Account Providers' sites, and
Take such other actions as are reasonably necessary to perform the actions described in clauses (a) through (e).

Acknowledgements and Right to Use Account Information. You hereby represent that you are the legal owner of the accounts accessed by the Service, that you have the authority to appoint Us as your agent to access your Account Information, and to give Us your Login Information and other information in connection with the Service. In addition, you authorize Us to access your Account Information at Account Provider sites designated by you.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND/OR RETRIEVING INFORMATION FROM ACCOUNT PROVIDER SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE ACCOUNT PROVIDER. YOU ALSO GIVE US THE RIGHT TO USE INFORMATION SUBMITTED BY YOU TO THE SERVICE TO ACCOMPLISH THE FOREGOING.

SERVICE LIMITATIONS

We do not review your Account Information from your Account Providers and are not responsible for its completeness or accuracy. The Service does not have the ability to initiate transactions or deliver notices or instructions concerning your accounts. Any transactions or informational activities you perform at an Account Provider site are not made through the Service and we assume no responsibility for those transactions or activities. You are responsible for all charges associated with your Account Providers.

Please note that our Service is not available for all potential Account Providers and that Account Providers may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such sites. The Service may not be available for use during maintenance hours.

Our Service collects and "refreshes" your Account Information periodically, usually within 24 hours, based on the particular Account Provider. On the screen for the Service you will see a notation for each account indicating when it was last refreshed, and also a link directing you to the Account Provider. Your most recent transactions may not be reflected in any account balances or other account information presented to you on the Service. If you see a discrepancy in your Account Information, and in any case before making any transactions or decisions based on such Account Information presented on the Service, you should check the last refresh date for the account and confirm your information is current by following the link back to the Account Provider or otherwise confirm that your information is up to date and accurate.

Certain financial institution deposit account balances are ledger amounts, all of which may not be currently available for withdrawals or to pay bills. You should log on to City National Bank's site for the most current available balance information.

If you intend to use any service, receive or request any news, messages, alerts, or other information from the Service concerning companies, stock quotes, investments, or securities, please read carefully read sections 2 and 10. Account Information in the Service is provided only for informational purposes, and is not intended for trading or transactional purposes. We shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

We will attempt to make your experience with us productive and worthwhile. 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. We cannot assume responsibility for the timeliness, deletion, mis-delivery or failure to store any of your Account Information, Log-in Information, data, communications, or personalization settings.

THIRD PARTY SERVICES

The Service allows you to access merchandise and/or services from individuals and/or entities other than City National Bank. All matters concerning third party products and services are solely between you and the third party service provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHATSOEVER WITH REGARD TO THIRD PARTY MERCHANDISE OR SERVICES.

The inclusion of advertisements or links to third party websites does not imply any endorsement of the material on such websites by either this Financial Institution, its affiliates, licensors or technology service providers.

WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR INJURIES YOU MAY SUSTAIN THROUGH ANY AUTHORIZED TRANSACTIONS CONDUCTED AT A THIRD PARTY ACCOUNT Provider. WHEN YOU ACCESS THIRD PARTY ACCOUNT ProviderS' WEBSITES AND THE SERVICES AVAILABLE ON THEM, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE THIRD PARTIES' AGREEMENTS AND POLICIES RELATING TO THE USE OF THEIR SERVICES. For example: your user name and password are used by you or another person with your authorization and you or that person transfers money between your online banking checking and savings accounts, or makes a withdrawal from your online bank account or directs a sale of certain stocks from your online trading account - in any of these cases you must go to your bank or online trading account provider for recovery of your funds or compensation. We will not be liable for these losses.

We would like to remind you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From this site, users may visit or be directed to sites containing information or material that may be offensive or inappropriate to some people.

We make no effort to review the content of any third party site, nor are we responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, we do not endorse or control the content of any other user and are not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, nor are we responsible or liable for content that infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is available via the Service.

We respect your privacy. Information that you provide during registration, your Account and Login Information with us, as well as your Account and Login Information with other third parties will be considered your nonpublic personal information. We will not exchange or disclose your nonpublic personal information with any third party except as necessary to complete a transaction that you request or as necessary to provide you with the Service. We may disclose such information if required by law, court or governmental order. We will not sell any of your nonpublic personal information.

In order to administer the account, We, or an agent acting on Our behalf, may contact you regarding account status and other matters relevant to the underlying Service and/or the information collected. If you provide Us Account Information from an Account Provider that is not currently registered with Us, We may use this information in order to facilitate registration of this Account Provider so that We can make your Account Information available.

In the future, We may share aggregated, compiled data pursuant to a joint marketing agreement with other financial institutions. Such aggregated data would not contain your nonpublic personal information or any other personally identifiable information. The complete terms of our Privacy Policy are incorporated into and made part of these Terms. You can view our Privacy Policy at http://www.cnbt.com.

SECURITY

Information you provide in connection with the Service will be stored on secure servers operated by one of our service providers. Your information will be protected by commercially reasonable encryption techniques. These security measures are intended to safeguard your important information so that it may only be used by you; however, this security is contingent upon your responsible protection of your User ID and password for the Service. Please use caution in protecting your Service user ID and password. (See section 13. below that discusses " Rules and Responsibilities for Registered Users).

Although you must inform us of your Account Provider user names and passwords in order for us to collect your Account Information, we will not supply this information to anyone, including you if you lose or forget user names or passwords. It will be necessary for you to contact the appropriate Account Provider if you have any problems with respect to any user name or password.

RULES AND RESPONSIBILITIES FOR REGISTERED USERS

For the benefit and security of our Users, and to comply with applicable laws, we have a few mandatory Rules. Any conduct that violates the Rules is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.

Provide Accurate Information. You agree to provide true, accurate, and complete information about yourself as requested in our registration form and account setup forms and you agree not to misrepresent your identity or your third party account information, which may include user names, passwords or other access devices for such accounts. You represent to us that you are an owner or holder of each third party account and that you have the right to use and provide us any such account information. Accurate records enable us to provide the Service to you. You therefore agree to keep your registration and third party account information up- to- date and accurate.

Provide current information. Please note that when you change your Login information with your Account Provider, you will need to change it on the Service as well.

Guard Your Password and User ID. You will choose a password and User ID upon completing the registration process. You are responsible for maintaining the confidentiality of your password and User ID and for ensuring that you have logged out of the Service when your session is complete. Logging-out will help prevent unauthorized persons from using the Service. You agree that you are fully responsible for all transactions and other activities that occur using your password and user ID and that you are responsible for keeping your User ID and password confidential.

You agree to immediately contact us when you become aware of any actual or suspected unauthorized use of your username or password. We may not be liable for any loss that you may incur as a result of someone else using your password or account. You may not use anyone else's password at any time to access the Service.

You are encouraged to change your password frequently. We may also require you to change your User ID or password if we think it is necessary for security or other reasons.

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

Don’t resell or make commercial use of the Service. Your right to use the Service is personal to you, therefore, you agree not to use the Service to conduct any business, or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service.

Provide remaining system requirements. You are responsible for and must provide all Internet connections, hardware, and software (other than software provided by us) and services necessary to access the Service. System requirements are discussed in Section 6.

You are not a minor. You acknowledge that you are aware that certain content, services or locations of the Service or of 3rd parties that may be accessible through the Service may contain material that is unsuitable for minors (person under 18 years of age), and you certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law.

PROPRIETARY RIGHTS

You acknowledge and agree that We own all rights to this web site and the content displayed on this site. You are only permitted to use this content as expressly authorized by these Terms. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of our technology.

USE OF MARKS, MATERIALS AND SUGGESTIONS

The names, logos, trademarks, service marks, and all related product and service names, design marks and slogans contained in or accessed with the Service are the property of City National Bank and its respective licensors. You are not authorized to use the names or marks in any advertising, publicity or in any other commercial manner without prior written consent. You may only use, copy and distribute the materials found on the Service for internal, noncommercial, informational purposes. All copies that you make of the material must bear any copyright, trademark or other proprietary notice that pertains to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. We and/or any third party owner of such rights retain all such rights.

All product and service marks contained on or associated with the Service that are not our marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. Additionally, you understand that we may not have any relationship to, affiliation or connection with, and are not sponsored or endorsed by, holders of any third party accounts that you access through the Service.

Any feedback, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and nonproprietary. We will also be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

INTERNATIONAL USE

This Financial Institution does not make any representation that any content or use of the Service is appropriate or available for use in locations outside of the United States and accessing the Service from territories where its contents or use is illegal is prohibited by City National Bank. Those who choose to access the Service from locations outside the United States do so at their own risk and are responsible for compliance with all applicable laws.

DISCLAIMER OF WARRANTIES

We hope you will find the Service to be useful and reliable. However, We cannot make any representations or warranties that you will have continuous or uninterrupted access to the Service or any of its content or functions, or that any of the functions of the Service will be error-free.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO DISCONTINUE THE SERVICE AT ANY TIME. WE EXPRESSLY DISCLAIM 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 INTELLECTUAL PROPERY NONINFRINGEMENT.

WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) 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 WE ARE NOT 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 US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

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

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you. You may also have other legal rights, which vary from state to state.

LIMITED LIABILITY FOR USE OF THE SERVICE

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY HARMS OR DAMAGES, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. EVEN IF WE or any RELATED PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

Notwithstanding herein to the contrary, if you suffer loss, damage or expense because of a third party intrusion into the Service or if your Login Information is improperly disclosed to a third party without your consent or is inappropriately accessed by any employee of City National Bank, its licensors, or service providers, and this disclosure is the direct result of Our gross negligence in operating the Service, then we may indemnify you for such loss.

Your liability for unauthorized electronic fund transfers involving your account varies depending upon the precise circumstances of the unauthorized use and your timeliness in reporting an unauthorized transaction, or the loss or theft of an access ID, passcode, PIN, or other access device. You should notify your account holding provider immediately upon the suspected unauthorized use of your login information. Failure to notify the account holding provider within 2 business days of a loss or claim could increase your liability.

REMEDIES OF USER

Your sole and exclusive remedy for any failure or non-performance of the Service, including any associated software or other materials supplied in connection with the Service, shall be for this financial institution (or FX) to use commercially reasonable efforts to effectuate an adjustment or repair of the Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You may have remedies for unauthorized use of your login information as discussed in Section 18.

INDEMNIFICATION

You agree to indemnify, defend, and hold Us and Our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials including but not limited to; Account and/or Login Information submitted by you to the Service; (b) any fraud, manipulation, or other breach of these Terms by you; (c) any third party claim, action, or allegation brought against Us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or rights of a third party; or (e) your use, or the provision of the Service or use of your account by any third party. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses. You will not settle any action or claims on Our behalf without Our prior written consent.

CANCELLATION

These Terms will be in effect on the date your completed registration is accepted by Us and at all times while you are using the Service.

Either you or We may cancel your registration and participation in this Service at any time without prior notice. Please keep in mind that extended periods of inactivity by you may also result in the Service being canceled. We will attempt to notify you in advance of such cancellation, but we are not obligated to do so.

You may cancel by selecting the “Settings” feature within the Service, and choosing the “Cancel My Enrollment” option. Upon receipt of your request, your account will be cancelled and all your Account and Login Information will be deleted from our records within 30 days. For your protection, if you cancel this Service, or any other aggregation service, you should also change your Login information with your Account Providers.

These Terms shall survive such cancellation, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, indemnification, and the miscellaneous provisions.

MISCELLANEOUS

These Terms shall be interpreted according to their fair meaning and shall not be interpreted strictly for or against either party. These Terms constitute the entire agreement with respect to the Service and supercedes all previous and contemporaneous written or oral agreements and understandings regarding the Service. Should any term or condition be in conflict between these Terms of Service and any document incorporated herein by reference into these Terms of Service, the Terms of Service shall control.

Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

We may assign the Service, including these Terms in whole or in part; however, you may not assign or transfer these Terms.

JURISDICTION

The Terms will be construed and interpreted in accordance with the laws of the State of Texas, without reference to its conflict-of-laws rules. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the federal and state courts located in Texas. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of these Terms is held to be invalid or otherwise unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be invalidated or otherwise affected.

QUESTIONS

If you have any questions regarding these Terms of Service, please Contact Us at info@cnbt.com and 512-352-2265 or 1-800-959-8472.

If you have specific questions about your Account Information, please contact us via telephone or in writing. Do not use unencrypted email services to send us any of your personal and confidential Account Information. If you are an Internet Banking customer, you can utilize the secure email services accessible through the Internet Banking service.

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