Terms And Conditions Of Use
This website is owned by Sterling National Bank, a federally chartered savings association located in New York ("Sterling"). The following Terms and Conditions of Use will govern your use of this website. By using this website in any way, you acknowledge and agree to be bound by these Terms and Conditions of Use. You also agree to comply with all applicable laws and regulations, including United States and foreign patent, trademark, service mark and copyright laws. If you do not accept these terms and conditions, please do not make any further use of this website.
If you need assistance with this website, or if you need to communicate with Sterling, please telephone the Client Services Professionals at 855-274-2801 or email us at firstname.lastname@example.org.
Not all consumers will be eligible for the products and services described on this website, and Sterling reserves the right to determine your eligibility for any product or service.
Ownership and Use of Material on the Website
Throughout this website you will find a number of trademarks, trade names, logos, service marks and other similar items (the "Marks"). The Marks are the property of Sterling and others. Nothing contained on this website should be construed as granting you any license or right to use in any way any Mark without the written permission of Sterling or the third party that owns the Mark.
Unless otherwise noted, this website and all materials, including images, illustrations, designs, icons, photographs, video clips, software programs, and written and other materials available on this website (the "Material") is owned by Sterling. If you copy the Material, you must retain any copyright and other proprietary notices contained in the original Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited. You may not use the Material for any illegal purpose or in any manner inconsistent with these Terms and Conditions of Use.
To the fullest extent permitted by applicable law, all these Terms and Conditions of Use, all the applications, instruments, or notes relating to the products and services described on this website, and all other agreements, notices or other communications regarding or relating to this website, Sterling, or any products or services provided by Sterling may be presented to you electronically, and you agree to receive all such items in an electronic form. Electronic delivery of these items to you may be made on pages within this website or to your e-mail address. You should print a paper copy of any item delivered electronically to you and retain it for your records. All electronic notices and communications to you will be considered to have been received by you no later than 5 business days after posting or dissemination, whether or not you have actually received or retrieved the notice or communication. Sterling reserves the right to provide any notice or communication to you in paper format. Your consent to receive items from Sterling electronically is valid until you revoke your consent by notifying Sterling of your decision to do so.
User ID and Password
Upon our approval of an application you submit for Sterling Internet Banking services, you will be assigned a User ID and Password to access and use your account(s). You may change your user ID, but you must change your Password. Sterling will act, and will act only, on those instructions sent through this website that are authenticated by your User ID and Password and that are actually received by Sterling. You can help protect the security of your personal information by not sharing your password with unauthorized users, by changing your password frequently, and by remembering to sign off as soon as you have completed a transaction through this website.
In applying for any of Sterling's products and services available through this website, you agree to adopt your User ID and Password as your electronic signature on any application, agreement, instrument or other item requiring your signature, assent or agreement, including applications for products and services and any promissory notes or other instruments that Sterling may present to you electronically for your signature, assent or agreement. In each case when you use your User ID and Password as your signature, such use will be deemed to be a legal and binding signature by you and will be given the same effect when used as if you had physically signed the application, agreement, instrument or other item in paper form and delivered the signed item to Sterling.
You agree not to contest the validity or enforceability of any application or any electronically signed Communications, including, but not limited to promissory notes, under the provisions of any applicable law, including the Uniform Electronic Transactions Act as it may be adopted or amended or the Electronic Signatures in Global and National Commerce Act as it may be amended, relating to whether certain agreements or instruments are to be in writing or signed by the party to be bound thereby. Electronically signed items, if introduced as evidence on paper in any judicial, arbitration, mediation, or administrative proceeding, will be admissible to the same extent and under the same conditions as other business records originated and maintained in tangible form. Neither Sterling nor you shall contest the admissibility of copies of electronically signed items on the basis that the electronically signed items were not originated or maintained in tangible form.
In applying for any of Sterling's products or services online, you will need access to the Internet and a current e-mail address. You will have sole responsibility for providing Sterling with a correct and operational e-mail address, and you must promptly notify Sterling of any change in your e-mail or postal mailing address. Sterling will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account.
Sterling understands that privacy is a major concern for many consumers who do business or conduct transactions online. Sterling will not share or disclose any of the personally identifiable information about you that is collected through this website other than in accordance with Sterling's Privacy Notice.
Disclaimers and Limitations of Liability
Sterling will use commercially reasonable efforts to ensure that the information on this website is accurate and complete. However, except to the extent prohibited or limited by applicable law, Sterling makes no representations or warranties whatsoever regarding the accuracy, completeness or timeliness of any information contained in or accessed through this website, and all such information is provided to users of this website on an "as is" basis. Sterling may provide space on this website for third parties to advertise their goods and services, and Sterling makes no representations or warranties whatsoever regarding, and Sterling will have no responsibility or liability to any person or entity for, the content or accuracy of such advertisements or the quality, performance or any other aspect of the goods or services referred to in such advertisements. Sterling may also provide as part of this website a feature that allows visitors to the website to submit messages or information to Sterling for consideration by Sterling to be posted in a community information area of the website. Sterling reserves the right, in its sole discretion and for any reason or no reason, to refuse to post on the website any and all messages or information submitted to Sterling through this website, and Sterling will not be liable or responsible to any person or entity for any decision by Sterling not to post any submitted messages or information or for any messages or information that are posted on the website. Sterling will not return to anyone any messages or information submitted to Sterling to be considered for posting on the website, and all who submit messages or information to Sterling grant to Sterling an unlimited, worldwide, perpetual, irrevocable and royalty-free license to edit, copy, reproduce, publish, display, transfer, disseminate, delete, destroy and otherwise use or not use, as deemed fit or desirable by Sterling in its sole discretion, all messages or information submitted to Sterling. Further, Sterling makes no warranties, express or implied, with respect to this website or linked third-party sites, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party proprietary rights, and such warranties are hereby expressly and specifically disclaimed unless disclaiming such warranties is prohibited by law.
To the fullest extent permitted by law, Sterling will have no liability in connection with (a) any unauthorized interception or use of data relating to you or the products or services provided you by Sterling; (b) any inability to use or access this website for any reason; (c) any actions or transactions by any person or entity that uses your User ID and Password; or (d) any cause over which Sterling does not have direct control, including problems attributable to computer hardware, software or networks (including computer viruses), telephone or other communications, or Internet service providers.
Your access to and use of this website is entirely at your own risk. Sterling expressly disclaims any and all liability, whether arising in contract, tort or otherwise, for any direct, indirect, special, consequential, incidental or punitive damages whatsoever arising out of your use or inability to use this website and the Material (even if Sterling has been advised of the possibility of such damages), including, without limitation, any liability associated with any viruses or other problems that may infect or destroy your computer equipment or programs or data stored on your computer or computer network.
Sterling cannot and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send. Sterling is not responsible for any losses or delays in transmission of instructions or information by you, including any losses or delays arising out of the use of any Internet service provider or caused by any browser software.
Links to Other Websites
You agree to defend, indemnify and hold harmless Sterling and its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, relating to or resulting from, or alleged to relate to or result from, your breach of these Terms and Conditions of Use or your use of this website or products or services provided to you by Sterling. You must notify Sterling promptly of any such claim, suit, or proceeding.
Availability to U.S. Residents
Sterling makes no claims that this website or the products and services available through this website are appropriate or may be downloaded or accessed outside of the United States. Access to this website and the products and services available through this website may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you are solely responsible for compliance with the laws of your jurisdiction.
Unless otherwise provided, these Terms and Conditions of Use are governed by the laws of the State of New York, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.
No waiver of any provision of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the website may be subject to civil and criminal liability.
Changes to Terms and Conditions of Use
Sterling may revise these Terms and Conditions of Use from time to time without prior notice to you, and your use of this website after a revision to these Terms and Conditions of Use shall constitute your acknowledgment of and agreement to be bound by the revision to these Terms and Conditions of Use. You should visit this page periodically to review these Terms and Conditions of Use.