1. Use of Electronic Services
This Electronic Services Agreement ("Agreement") between you and First Tennessee Bank National Association ("FTB") states the terms and conditions of your use of the Electronic Services. "Electronic Services" means any and all of FTB’s services or systems and information accessible through FTB’s Safekeeping Online website, whether established or provided by FTB directly or through other service providers.
In offering the Electronic Services, FTB is making available to you through the Internet, computer services and/or systems that allow you access to information via computer and the Internet concerning Safekeeping Accounts you maintain at FTB or for which you have been authorized to receive this information ("Information").
You agree to use Safekeeping Online Services and any additional services offered by FTB in the future only in accordance with this Agreement. FTB may amend or terminate this Agreement upon notice from FTB.
You also agree to abide by any rules, procedures, standards, requirements or conditions established by FTB regarding use of its Safekeeping Online Services.
The Information you receive through the Electronic Services is unaudited data. The Information is not considered to be a substitute or replacement for periodic account statements which will continue to be provided to you under the terms of the agreement governing your FTB Safekeeping Account.
The Account Holdings List is updated by 7:00 a.m. CST each business day with the previous business day’s activity.
There may be delays, omissions or inaccuracies in the Information. You agree that FTB will not have any liability, contingent or otherwise, for the accuracy, completeness or timeliness of the Information, or for any decisions you make or action taken by you in reliance upon the Information or the Electronic Services. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO WARRANTY OF NONINFRINGEMENT. THERE IS NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF THE ELECTRONIC SERVICE (INCLUDING BUT NOT LIMITED TO INFORMATION ACCESS).
IN NO EVENT WILL FTB BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND DAMAGES) THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE ELECTRONIC SERVICES, EVEN IF FTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. FTB shall not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems. FTB is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Electronic Services.
You will be responsible for the confidentiality and use of your password(s), User ID, and User Name (collectively "Password(s)") and account number(s). You will be responsible for all Information obtained through and under your Password(s) and account number(s). You agree to notify FTB immediately if you become aware of:
You may request separate Password(s) for your Representatives. Any such request must be in writing in the form required by FTB. FTB may require your Representative to execute an Electronic Services Agreement prior to assigning Password(s) to the Representative. You will be responsible for all Information and use of the Information by such Representatives with separate Password(s) and any breach of the Agreement by such Representatives with separate Password(s). It will be your responsibility to notify FTB in writing if you wish to terminate the Representative’s authority to use separate Password(s) to obtain Information concerning your Account.
You acknowledge that data, including e-mail, electronic communications and account financial data, may be accessed by unauthorized third parties when communicated between you and FTB, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including but not limited to, "browser" software that supports a data security protocol compatible with the protocol used by FTB. Until notified otherwise by FTB, you agree to use software that supports the Secure Socket Layer ("SSL") protocol or other protocols accepted by FTB and follow FTB’s log-on procedures for Electronic Services that support such protocol. You acknowledge that FTB is not responsible for notifying you of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including but not limited to, the Internet.
With the exception of applications commonly known as Web Browser software, or other applications formally approved by FTB in writing, you agree not to use any software, program, application or any other device to access or log on to FTB’s computer systems, web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from FTB’s computer systems, Web site or proprietary software.
You agree to defend, indemnify and hold FTB harmless from and against any and all claims, losses, costs and expenses (including but not limited to attorneys’ fees) arising from your violation of this Agreement, any laws or regulations. FTB agrees to defend, indemnify and hold you harmless from and against any claims that state use of Electronic Services infringes upon the proprietary rights of any third party. These obligations will survive the termination of this Agreement.
FTB reserves the right to terminate your access to the Electronic Services or any portion of them in its sole discretion, without notice and without limitation, for any reason whatsoever, including but not limited to the unauthorized use of your password(s) and/or account number(s), or breach of this Agreement.
The Electronic Services you access by computer provide you with the capability to send electronic communications, such as e-mail, directly to FTB and interact with applicable areas of the Electronic Services. You agree to the following terms with respect to your use of electronic communications through the Electronic Services:
You acknowledge that, in providing you with the Electronic Services, FTB has relied upon your agreement to be bound by the terms of this Agreement and any user or license agreement(s) related to or accompanying Electronic Services related software. You further acknowledge that you have read, understand and agreed to be bound by the terms of this Agreement as currently in effect and amended from time to time. This Agreement is governed by the laws of the state of Tennessee.
This Agreement may be modified by FTB upon written notice to you provided,
however, that if FTB sends you written notice, via electronic communication or
otherwise, of a modification, you confirm your acceptance of the modification
by continuing to use the Electronic Services.