Aruba Bank Online Terms of Agreement

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1 Aruba Bank Online Terms of Agreement By visiting, using and/or submitting information to Aruba Bank Online, you are accepting this Agreement of Terms of Use (this "Agreement") and our Privacy Policy ( Privacy Policy ) located at the URL /abonline.html. Note that some features and functions of Aruba Bank Online are subject to terms and conditions in addition to those of this Agreement. In the event of a conflict between those additional terms and conditions and this Agreement, this Agreement shall prevail. In order to determine your compliance with this Agreement, ARUBA BANK may monitor your access and use of Aruba Bank Online in accordance with our Privacy Policy. Aruba Bank Online is owned and operated by Aruba Bank N.V., a corporation ( ARUBA BANK ). This Agreement sets forth the terms and conditions that apply to your access and use of Aruba Bank Online. Applicability of this Agreement This Agreement applies to you, ARUBA BANK, its affiliates and the Internet website located at the URL /abonline.html ( Aruba Bank Online ). Your Right to Access and Use Aruba Bank Online You are only entitled to access and use Aruba Bank Online for lawful purposes of personal use and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Your access and use of Aruba Bank Online may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair activities that ARUBA BANK may undertake from time to time, or other actions that ARUBA BANK, in its sole discretion, may elect to take. ARUBA BANK reserves the right to suspend or discontinue the availability of Aruba Bank Online and/or any portion or feature of Aruba Bank Online for access and use at any time in its sole discretion and without prior notice. Your Registration with Aruba Bank Online Certain features of Aruba Bank Online are accessible only to registered users. The rights to register with Aruba Bank Online and be issued a password and/or access code in order to access those features of Aruba Bank Online are available only to those users who provide ARUBA BANK with the requested accurate, complete and current Personal Information (as defined in the Privacy Policy). In accordance with our Privacy Policy, you must promptly inform ARUBA BANK of any changes to or updates of any of your Personal Information. ARUBA BANK reserves the right to deny or revoke any user s registration and/or the issuance of any password or access code at any time and without prior notice. Your Compliance with this Agreement and Our Privacy Policy

2 Any action by you that, in ARUBA BANK's sole discretion, violates the terms and conditions of this Agreement or our Privacy Policy, or restricts, inhibits or prevents any third party from accessing, using or enjoying Aruba Bank Online, or through the use of Aruba Bank Online, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use Aruba Bank Online. Your Transmissions, Submissions and Postings to You shall not transmit, submit or post information to Aruba Bank Online that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information. Pursuant to our Privacy Policy, ARUBA BANK may monitor any transmissions, submissions or postings by you to determine, in its sole discretion, your compliance with this Agreement and our Privacy Policy. ARUBA BANK's Intellectual Property Rights The name arubabank.com and the ARUBA BANK and Aruba Bank Online trademarks, logos and graphics are proprietary to ARUBA BANK, and may not be used by you without the prior express written permission of ARUBA BANK, which permission may be withheld in ARUBA BANK's sole discretion. The data and content viewable on, contained in, and/or downloadable from, Aruba Bank Online, including, without limitation, all text, graphics, pictures, photographs, images, line art, icons and other renditions (collectively, the Content ) is copyrighted by ARUBA BANK. ARUBA BANK also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content. You shall be solely responsible for any damage resulting from your infringement of ARUBA BANK s intellectual property rights and/or any other harm incurred by ARUBA BANK as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the names, trademarks, logos and/or Content for purposes that are contrary to the terms and conditions of this Agreement. Your Use of the Content Without the prior written consent of ARUBA BANK, you may only print, download or otherwise use the Content in the form of a print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials.

3 Except as otherwise permitted under the copyright laws of Aruba, no other copying, compilation, distribution, redistribution, transmission, publication or use of the Content, other than the personal, non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of ARUBA BANK, which permission may be withheld in ARUBA BANK's sole discretion. Framing, Linking and Meta Tagging Aruba Bank Online You may not frame or utilize any framing techniques regarding Aruba Bank Online and/or the Content. You may not link to Aruba Bank Online without the express written permission of ARUBA BANK. You may not use any meta tags or any other hidden text utilizing ARUBA BANK, Aruba Bank Online or any of ARUBA BANK's trademarks, logos or graphics. ARUBA BANK makes no representations or warranties regarding Aruba Bank Online Aruba Bank Online, including, without limitation, the Content contained herein, is being provided to you on an as-is and an as-available basis. ARUBA BANK does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the same, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the same. ARUBA BANK does not provide the Content in any fiduciary or advisory capacity. ARUBA BANK makes no representation, warranty or guarantee that Aruba Bank Online, including, without limitation, the Content, free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancel bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information. Your Responsibility for Equipment and Related Costs You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Aruba Bank Online, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of Aruba Bank Online. Limitations on ARUBA BANK s Liability ARUBA BANK shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, even if ARUBA BANK has been advised of the possibility of such damages, as a direct or indirect result of:

4 (i) your breach or violation of the terms and conditions of this Agreement and/or our Privacy Policy; (ii) your access and use of Aruba Bank Online; (iii) access or use of Aruba Bank Online under any password or access code that may be issued to you whether such access is by you or by someone to whom you have provided your password and access code; (iv) your inability to access or use Aruba Bank Online for any reason; (v) your downloading of any of the Content; or (vi) your reliance upon or use of the Content. Use of Aruba Bank Online and the Content is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations on ARUBA BANK's liability may not apply to you, and you may have additional rights. Your Indemnification of ARUBA BANK N.V. You shall defend, indemnify and hold harmless ARUBA BANK and its officers, directors, shareholders, employees, third party contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys fees, arising out of, or attributable to: (i) any breach or violation of this Agreement or our Privacy Policy by you or anyone logged in under your passwords and/or access codes, if any; or (ii) your failure to provide accurate, complete and current Personal Information requested pursuant to registration. In connection with the above, the customer agrees and confirms that Aruba Bank is indemnified on our part from and against any and all possible actions for damages, penalties, costs, and expenses related to, and resulting from, falsification of, fraudulent acts and irregularities relating to our Internet contract and the execution thereof. Third Party Rights Under this Agreement This Agreement is for the benefit of ARUBA BANK and its affiliates, each of which shall have the right to directly enforce and assert the terms and conditions of this Agreement and our Privacy Policy against you on behalf of ARUBA BANK. Amendments of this Agreement and Opting Out ARUBA BANK reserves the right to amend this Agreement at any time in its sole discretion and without notice. Your right to access and use Aruba Bank Online is subject only to our most current Agreement of Terms of Use. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on Aruba Bank Online.

5 You are advised and encouraged to visit Aruba Bank Online on a regular basis to review our most current Agreement of Terms of Use, and review any changes that may have been made. Unless you elect to opt-out of this Agreement, you agree to be bound by our most current Agreement of Terms of Use, including any changes that have been made. If at any time you wish to opt-out of this Agreement, please contact ARUBA BANK at the postal address listed at the end of this Agreement, or via at However, keep in mind that your opting-out of this Agreement cancels your ability to access and use Aruba Bank Online. In the event you opt-out of this Agreement, any passwords and/or access codes issued to you for the access and use of Aruba Bank Online will be canceled. ARUBA BANK's Remedies You acknowledge that ARUBA BANK may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, ARUBA BANK shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Aruba. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. Governing Law and Arbitration This Agreement is to be governed and construed in accordance with the internal laws of Aruba, without regard for principles of conflicts of laws. In no event shall you be entitled to punitive, special, indirect or consequential damages and you hereby waive your respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business, even if ARUBA BANK has been advised of the possibility of such damages. Miscellaneous If any portion of this Agreement is deemed unlawful, void or unenforceable, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

6 The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. All covenants, agreements, representations and warranties made in this Agreement, as may be amended by ARUBA BANK from time to time, shall survive termination of this Agreement and/or the termination of your account(s) with ARUBA BANK. This Agreement cannot be orally modified. This Agreement and our Privacy Policy located at the URL https://onlinebanking.arubabank.com/agreement/ which is hereby incorporated by reference, represent the entire understanding and agreement between you and ARUBA BANK regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

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