Your use of this Site and the collection of any personal information collected from you or about you as a result of your use of this Site shall be subject to our Notice of Online Privacy Practices and Consumer Privacy Notice and/or California Privacy Notice (as applicable), which can be accessed at everbank.com/legal/privacy. You acknowledge and agree that you are responsible for:
- protecting any account and password information applicable to your use of the Site
- restricting the use and access to your computer, mobile device or other device used to access the Site
In addition to use of the Site being subject to these Terms, your use is also subject to all applicable laws and regulations (including, without limitation, laws and regulations relating to intellectual property rights). You agree that you will not (nor will you allow others to):
- sell, resell, reproduce, duplicate, scrape, copy or use for any commercial purposes any portion of this Site;
- use your account to breach security of another account or attempt to gain unauthorized access to another network or server; or
- interfere with anyone else’s use and enjoyment of the Site or other similar services (people who violate systems or network security may incur criminal or civil liability).
Should you violate any of the above prohibitions, you may incur criminal or civil liability, and you agree that we may—at any time, without notice and at our sole discretion—terminate your access to the Site, as well as the services available on this Site, without prior notice.
All content that is made available on this Site is owned or licensed by EverBank and is protected by applicable trademark and copyright laws. Without prior written authorization, EverBank and its licensors (who retain all rights to their respective content on the Site) expressly prohibit:
- reproduction by you of any part of the Site or its content in any medium for other than personal use;
- exploitation by you of any part of the Site or its content for any commercial purpose; and
- framing, deep linking, storing, transmission, or redistribution by you of the Site or its content except to the limited extent expressly authorized in these Terms.
EverBank and its affiliates retain all proprietary rights in their respective service marks and trade names appearing on this Site. Any use of EverBank’s or its affiliates’ respective service marks and trade names must be authorized in writing by EverBank or the applicable affiliate owning such marks and names.
All materials and services on this Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. This includes, but is not limited to: (1) the implied warranties of merchantability or fitness for a particular purpose; and (2) the warranty of non-infringement.
Without limiting any of the above, we make no warranty that:
- The Site or the Site-related services will meet your requirements
- The Site or the Site-related services and content will be uninterrupted, timely, secure or error-free
- The results that may be obtained from the use of the Site or the Site-related services or content will be effective, accurate or reliable
- The quality of any products, services or information purchased or obtained by you through the Site will meet your expectations or be free from mistakes, errors or defects
This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and services on this Site, including the prices and descriptions of any products or services listed herein, at any time and without notice. The content or services on this Site may be out of date, and we make no commitment to update such content or services.
We do not endorse, nor are we responsible for the accuracy, accessibility or reliability of, any third-party content made available on or linked to or from this Site including any opinion, advice, or statement made by anyone other than an authorized EverBank spokesperson speaking in his/her official capacity.
Prior to relying on any legal, accounting or other professional advice or information obtained on or through this Site, we urge you to consult an appropriate professional licensed in your jurisdiction.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
EverBank and its management may make certain statements that constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 on this Site. We generally identify forward-looking statements by terminology such as “outlook,” “believes,” “expects,” “potential,” “continues,” “may,” “will,” “could,” “should,” “seeks,” “approximately,” “predicts,” “intends,” “plans,” “estimates,” “anticipates” or the negative version of those words or other comparable words. These forward-looking statements are not historical facts, and are based on current expectations, estimates and projections about our industry, management’s beliefs and certain assumptions made by management, many of which, by their nature, are inherently uncertain and beyond our control. Accordingly, you are cautioned that many such forward-looking statements are not guarantees of future performance and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Although we believe that the expectations reflected in such forward-looking statements are reasonable as of the date made, expectations may prove to have been materially different from the results expressed or implied by such forward-looking statements made on the Site. For more information, please review the “Risk Factors” section of our filings with the United State Securities and Exchange Commission.
In no event shall we or our affiliates be liable to you or any third party for any damages whatsoever, including without limitation, direct, special, punitive, incidental, indirect or consequential damages (including, without limitation, any such damages resulting from loss of use, data or profits), whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or of any website referenced or linked to or from this Site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims and expenses, including attorneys’ fees, related in any way from your use of the Site or your violation of these Terms. 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.
Although this Site may be accessible worldwide, we make no representation that materials and services available on this Site are appropriate for use in locations outside the United States. Any authorized users who choose to access this Site from outside the United States are responsible for compliance with local laws. Any offer for or display of any product, service, content and/or information made in connection with this Site is void where prohibited by applicable law.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site and/or its content with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected or actual fraudulent, abusive or illegal activity may be grounds for terminating or suspending your relationship with EverBank and your access to and use of the Site and any such activity may be referred to appropriate law enforcement authorities.
We control this Site (excluding any linked sites) from our offices in the State of Florida, United States of America. You agree that the laws of the State of Florida, and of the United States (as applicable), and without regard to the conflict of laws provisions thereof, will apply to all matters relating to this Site and its use, including the purchase and use of products, services and content available through this Site.
We may send notices to you by fax, U.S. mail or email to the respective numbers, addresses and/or email addresses we have on file for you. All notices to us must be in writing and sent to:
EverBank Legal Department
301 West Bay Street
Jacksonville, FL 32202
A notice under these Terms shall be deemed to have been delivered to a party (i) on the delivery date if delivered personally to the party; (ii) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; or (iii) five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested.
Note: from time to time, we may provide notices to you on the Site itself. For instance, we might notify you of changes to this Site through text or graphics we post on the Site. You understand and agree that any such notices constitute reasonable and adequate notice to you.
These Terms constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all relevant prior agreements and understandings. These Terms may be supplemented by other terms and conditions applicable to specific other services offered by EverBank and where such other terms and conditions deviate from these Terms, such other terms and conditions shall prevail with regard to those other specific services.
In any action to enforce these Terms, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees. Any cause of action brought by you against us or our affiliates must be instituted within one (1) year after the cause of action first arises or thereafter be deemed forever waived and barred.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, epidemic, pandemic, public health emergency and other causes or events beyond our control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that invalid or unenforceable portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights in a given instance shall not constitute a waiver of that right or provision in another instance.