PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY APPLY TO YOU.

By using this web site or related sites (collectively, "Site") you agree to be bound by the terms and conditions below, which Apple Bank for Savings ("Apple Bank") may modify from time to time. The most current version of the Terms of Use will be available by clicking on the link at the bottom of the Site. IF YOU DO NOT AGREE TO BE BOUND BY THE AFOREMENTIONED TERMS AND CONDITIONS, THEN YOU MUST DISCONTINUE USE OF THIS SITE.

USE OF SITE INFORMATION AND MATERIALS

You must be an individual aged 18 or older to use this Site. By using the Site you represent and warrant that you have reached the age of majority and will conduct yourself at all times in a lawful manner and in accordance with the Terms of Use.

The content, layout, information and materials, and the terms, conditions and descriptions that appear are subject to change without notice. Any unauthorized use of the Site, including but not limited to unauthorized entry into its systems, misuse of passwords, or misuse of any information posted on any Apple Bank web site is strictly prohibited and may subject you to civil or criminal liability and/or penalties.

Any information or data you submit to Apple Bank using the Site, whether as part of an inquiry, application or some other communication concerning a product, service or account, must be true and complete.

The products and services described in the Site are available only within the United States of America, but not all of them are available in all geographic areas. Your eligibility is subject to final determination by Apple Bank and/or its affiliates.

Apple Bank, its affiliates or suppliers may change or discontinue any one or more of the products and services described on the Site at any time, without prior notice or any liability to you.

COPYRIGHT © APPLE BANK FOR SAVINGS 2013

All rights are reserved. Apple Bank for Savings owns or controls all of the web pages, screens, content, information, materials, text, graphics, images, design, layout and arrangement of the Site, unless indicated to the contrary. These are proprietary rights protected by U.S. copyright laws.

You may download web pages and documents from the Site for informational purposes only, consistent with the terms and conditions of the agreements between you and us. They may not be used, copied, uploaded, downloaded, stored, modified, published, reproduced, posted, linked, displayed, distributed, transmitted, licensed, commercially or publicly exploited, modified or converted into any derivative work for subsequent use except as expressly permitted under applicable copyright law or upon the express written consent of Apple Bank, and then only with notice of Apple Bank's proprietary rights therein.

You do not acquire any property rights or ownership interests in copyrighted materials by downloading them.

TRADEMARKS & SERVICE MARKS

You may not use, modify, copy, download, store, publish, reproduce, license, post, link, display, distribute, transmit, exploit (commercially or publicly) or create a derivative work for subsequent use any trademark or service mark on this Site, except upon the express written consent of Apple Bank, and then only with notice of Apple Bank's proprietary rights therein, or, as applicable, without the express written consent of the third-party trademark or service mark holder.

Any unauthorized public or commercial use of these materials will violate Apple Bank's intellectual property rights and will be subject to the assertion and prosecution of all legal rights and remedies it may have against you. Nothing contained in the Site may be construed as granting you any license or right, express or implied, to make commercial or public use of any trademark, service mark, intellectual property right or copyrighted material of Apple Bank.

1. Apple Bank for Savings

Among the registered trademarks or service marks owned by Apple Bank, the following marks (i.e., which is a non-exclusive list) appear on this Site:

  • Apple Bank for Savings®
  • Apple Bank®,
  • Apple Bank® with the apple logo design,
  • SureCredit®,
  • Apple Advantage Banking®
  • AppleDirect® and
  • Apple Edge NOW Checking®

2. Third Parties

The Site also may contain legally protected words and symbols of third parties, constituting one or more of their trademarks or service marks including, but not limited to:

  • Deluxe®, a trademark belonging to Deluxe Corporation
  • American Express®, a trademark belonging to American Express Marketing & Development Corp.
  • SecureCredit®, a service mark belonging to First National Bank of Omaha
  • Platinum Edition®, a service mark of First National Bank of Omaha
  • Graphitesm, a service mark of First National of Nebraska, Inc.
  • Maximum Rewardssm, a service mark of First National of Nebraska, Inc.
  • Visa®, a trademark belonging to Visa, Inc.
  • Visa Signature®, a service mark belonging to Visa International Service Association, Inc.
  • Money HQsm, a service mark belonging to ACI Worldwide, Inc. (formerly known as Online Resources Corporation)

SECURE PORTIONS OF THE SITE

When you access or use (via the Registration and Login process) any secure portion of the Site you shall be deemed to have ratified and agreed to be bound by all other applicable terms and conditions with Apple Bank under the account disclosures, bank rules, policies, and practices governing such use and activities, for instance, when using any of the following Services:

Online Banking Bill Payment
Internal Transfers Money HQsm
View Mortgage Loan Information Mortgage Loan Inquiry / Partial Application
Secure Message Center  


Following enrollment in any Service and creating a User ID and Password, each time you Login will constitute your legal signature, which will be binding on you, your heirs and successors, though it will have been delivered through electronic means.

While secure portions of the Site are encrypted through SSL, other portions of the Site are not secure (see Contact Forms; Email, below).

THIRD PARTY WEB SITES

This site contains links to web sites controlled and administered by third parties not affiliated with Apple Bank. When you visit or browse through any third party web site you will be subject to that third party's separate web site terms and conditions, disclosures, as well as its separate privacy policies and security policies. Apple Bank disclaims any liability for any information, materials, products or services posted or offered at any of the third party sites linked to this web site.

Apple Bank does not warrant the content, reliability or suitability of any third party site or software, nor that such sites are free from any claims of copyright or trademark infringement, viruses, malicious codes or other security threats. By creating a link to a third party site Apple Bank does not endorse or recommend any product or service offered or information appearing at that web site, nor shall it be held liable for any deficiencies or failures in them. Third parties may provide less security than this Site and may have privacy policies that differ from those of Apple Bank.

INSURANCE; INVESTMENTS

Securities or insurance products are not bank deposits or insured by the FDIC or other entity, and are subject to investment risks, including possible loss of principal amount invested. Securities are offered through Essex National Securities, Inc. (ENSI), member FINRA/SIPC. ENSI is not affiliated with Apple Bank for Savings. Insurance products are offered through ABS Associates of New York, Inc., which is a wholly owned subsidiary of Apple Bank.

Securities and Insurance products are:

Not FDIC Insured
Not Guaranteed by the Bank
Not a Deposit
Not Insured by any Federal Government Agency
May Be Subject to Investment Risk
May Lose Value Including Loss of Principal

TAX INFORMATION

Any tax information provided in this Web site or by any of our Financial Consultants is general, intended for convenience only and may not apply to your situation. It is necessarily incomplete and does not constitute tax advice. Before relying on any such information you should consult with your tax advisor. Neither Apple Bank nor ABS Associates of New York, Inc. makes any warranties and is not responsible for your use of this information.

CONTACT FORMS; EMAIL

Using any Contact Us form (or sending email over the Internet) is NOT secure. Do not send any sensitive or private information (e.g., SSNs, account numbers, account information, User IDs, Passwords, Personal Image or Name, etc.) using a contact form or via any general e-mail messaging system. If you want to send such information, please do so ONLY through the secure, encrypted (through SSL) Message Center using the Account Services tab or Messages button on the Apple Bank Online Banking Service.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT, EXCEPT AS EXPRESSLY SET FORTH, THE INFORMATION AND MATERIALS CONTAINED IN BOTH THE PUBLIC AND PRIVATE (SECURE) PORTIONS OF THE SITE, AS WELL AS THE SERVICES AVAILABLE THROUGH THE SITE, ARE PROVIDED TO YOU ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

APPLE BANK DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY WARRANTY:

  • EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, WHICH MIGHT OTHERWISE HAVE BEEN CLAIMED TO HAVE ARISEN OUT OF YOUR ACCESS TO AND/OR USE OF THE SITE, INFORMATION, DATA, SOFTWARE, EQUIPMENT AND/OR THE OPERATI0N OF ANY OF THE SAME. 
  • THAT THE SITE, SOFTWARE, INFORMATION, DATA OR MATERIALS WILL BE FREE FROM COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECTS.
  • THAT ALL OR ANY PORTION OF THE SITE DOES NOT INFRINGE ON ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR TITLE.

APPLE BANK WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING:

  • THE CONTENT OF THE SITE
  • THE INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THE SITE
  • LACK OF ACCURACY, TIMELINESS OR PROPER SEQUENCE
  • LACK OF ADEQUACY OR SUITABILITY
  • INCOMPLETENESS, ERRORS OR OMISSIONS
  • ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM ANY OF THE FOREGOING OR ANY OTHER CAUSE OR FROM SYSTEM UNAVAILABILITY, DISRUPTION OR DELAYS IN SERVICE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, HARDWARE OR SOFTWARE FAILURES, SYSTEM OVERLOAD, SHUT DOWNS OF POWER OR UTILITY LINES, WEATHER DAMAGE, ACTS OF GOD, STRIKE OR LABOR STOPPAGE, GOVERNMENTAL RESTRICTIONS, COURT ORDERED RESTRICTIONS, OR OTHER CAUSES BEYOND APPLE BANK'S REASONABLE CONTROL.

IN NO EVENT WILL APPLE BANK BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOST OPPORTUNITIES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR THE USE THEREOF (OR INABILITY TO USE) BY ANY PERSON OR PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALICIOUS CODE OR LINE OR SYSTEM FAILURE, EVEN IF APPLE BANK, OR REPRESENTATIVES OR VENDORS THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES OR EXPENSES.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold Apple Bank, its affiliates, directors, officers, employees and agents harmless against liability arising from any third party claim, demand, loss, action, suit or other proceeding, costs and expenses related to your use of the Site or any of the Services.

GOVERNING LAW, JURISDICTION AND VENUE

All applicable laws of the United States of America and of the State of New York shall govern your use of this Site. By using the Site you agree that (1) either the United States Courts or the New York State Courts in the State of New York, as may be applicable, shall have exclusive personal jurisdiction over you and the subject matter of the Terms of Use, and (2) that the proper venue for any action arising out of your use of the Site, respectively, shall either be in the Southern District of New York or in the County of New York. The user waives any objections to such jurisdiction or venue.

PRIVACY

  • Generally, for the terms and conditions of Apple Bank's Privacy Policy, please see our Privacy Notice.
  • Please see THIRD PARTY WEBSITES herein for information relating to privacy and security when visiting third party websites.

ONLINE PRIVACY & SECURITY

  • Your use of this Site over the Internet poses separate risks and concerns relating to privacy and the safeguarding of your online information. Please see our Online Privacy & Security  policy and our Preventing Identity Theft informational page for further details.

 

(December 2013)


Copyright 2012 Apple Bank for Savings. Site Design: Zag Interactive