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CAPITAL BANK & TRUST COMPANY LEGAL DISCLAIMER & VISITOR AGREEMENT

BY ACCESSING AND MAKING USE OF THIS WEB SITE AND ITS ONLINE SERVICES, YOU CONSENT TO AND AGREE TO ABIDE BY ALL OF THE TERMS OF THE FOREGOING VISITOR AGREEMENT. YOU ARE ADVISED TO READ IT FULLY AND CAREFULLY.

Welcome to capitalbank.com, a resource providing information regarding the services offered by Capital Bank & Trust Company, the financial institution ("The Bank") represented by this Web site.

General Provisions
The material which appears on this Web site is intended for informational purposes only. The Bank will make every reasonable effort to provide accurate information on this Web site, but errors in that information sometimes do occur. Before relying on or making use of any information appearing on this Web site, or purchasing any product, goods or services which you may have read about on this Web site, you must use the same good judgment and common sense which you should exercise in using or relying upon information, including, but not limited to, independently verifying any information which you may have obtained through this Web site which is of importance to you in making your decision, prior to conducting your business.

If you believe any material which, you may find on this Web site to be inaccurate, please notify us by forwarding a copy of such material, together with explanation of the reasons you believe it to be inaccurate, to us at the place indicated at the end of this Agreement.

Links to Other Web sites
This Web site may contain links to other sites that are not operated by The Bank and which, are provided only for your convenience. The Bank has no control over, nor any responsibility for, the operation or content of such sites, and does not endorse such sites or the material appearing on them, or have any association with the operators of such sites.

Use of this Web site
This Web site is made available to you for your personal, non-commercial use only. All materials on this Web site, including the information, the programming, graphics, layouts, and other materials, are property of Capital Bank & Trust Company, and are protected by United States copyright laws, international conventions and other copyright, trademark and similar laws. Unless specifically permitted by this Agreement, you may not reproduce, distribute, publish, transmit, or otherwise exploit or make commercial use of any of the materials on this Web site. You may display and print a single copy of any page on this Web site for your own personal and non commercial use, but you may not reproduce or publish any material appearing on this Web site, or store or distribute copies of any significant part of such materials in any form or manner, including electronic means, without the prior written consent of the owner of the material, unless you have first obtained written permission to do so.

Links to this Web site
You may establish a hypertext link to this Web site on the condition that such link does not state, either expressly or by implication, any endorsement or sponsorship of you, your site, or your business or company, by Capital Bank & Trust Company, or by this Web site. You may not, however, frame any of the content of this Web site nor may you incorporate into any other site or service any trademarks, service marks, copyrighted material, or other intellectual property of Capital Bank & Trust Company, unless you have first obtained the written permission of the owner of such copyrighted material or intellectual property.

Notice of Intellectual Property Rights
CapitalBank.com, Capital Bank & Trust Company, the Web site logo and the Capital Bank & Trust Company logo are registered trademarks, service marks, and/or trade names of Capital Bank & Trust Company. Other trademarks, service marks, and trade names and the names of other products or services which may appear on this Web site are registered trademarks, service marks, and/or trade names of their respective owners. You may not make any use of any trademark, service mark, or trade name appearing on this Web site unless you have first obtained the written consent of the owner of such trademark, service mark, or trade name.

Limitation of Liability and Disclaimer
IF YOU, AS A USER OF THIS WEB SITE AND ITS BANKING SERVICES, CHOOSE TO RELY UPON THIS SERVICE, OR ANY OF THE MATERIAL OBTAINED BY YOU FROM OR THROUGH THIS SERVICE YOU DO SO AT YOUR OWN RISK. NEITHER THE BANK, NOR ITS LICENSORS AGENTS, AFFILIATES, OR EMPLOYEES CAN, NOR DO THEY, WARRANT THE ACCURACY COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OF ANY OF THE INFORMATION AVAILABLE THROUGH THIS WEB SITE AND THE BANK, OR ANY INFORMATION, GOODS OR SERVICES THAT APPEAR ON, OR ARE SOLD THROUGH, THIS SERVICE, NOR DO ANY OF THEM WARRANT OR GUARANTEE THAT THIS SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEB SITE AND ITS ONLINE SERVICES WILL BE FREE OF ANY COMPUTER VIRUSES OR OTHER SUCH HARMFUL COMPONENTS. IN USING THIS WEB SITE AND ITS ONLINE SERVICES, YOU UNDERSTAND THAT DELAYS, INTERRUPTIONS, INACCURACIES, OMISSIONS AND OTHER PROBLEMS MAY OCCUR OR EXIST WITH RESPECT TO THE INFORMATION, PRODUCTS, AND/OR SERVICES PROVIDED BY OR THROUGH THIS WEB SITE.

NEITHER THE BANK, NOR ANY OF ITS RESPECTIVE AGENTS, EMPLOYEES, AFFILIATES, OR LICENSORS SHALL BE LIABLE TO YOU, OR TO ANY OTHER PERSON, FOR ANY CONSEQUENTIAL DAMAGES, OR ANY SPECIAL DAMAGES, OR ANY INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES, OF ANY KIND, NATURE, OR DESCRIPTION, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, EVEN IF THE BANK IS INFORMED IN ADVANCE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH LOSSES OR DAMAGES. BY MAKING USE OF THIS WEB SITE, YOU AGREE THAT THE LIABILITY OF THE BANK, IF ANY, ON ACCOUNT OF ANY LEGAL CLAIM ARISING OUT OF, OR IN CONNECTION WITH, OR IN ANY MANNER RELATED TO, THIS WEB SITE AND ITS ONLINE SERVICES, SHALL NOT EXCEED THE AMOUNT, IF ANY, WHICH YOU MAY HAVE PAID FOR ACCESS TO AND USE OF THIS WEB SITE AND ITS ONLINE SERVICES. (IF NOT PERMITTED BY APPLICABLE STATE LAW, IT IS POSSIBLE THAT SUCH EXCLUSION OF, OR LIMITATION OF LIABILITY FOR, CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.)

Applicable Law and Limitation of Jurisdiction
This Visitor Agreement has been made in the State of New York, and shall be construed in accord with the applicable laws of the State of New York. By making use of this Web site and its Online Services, you consent to the exclusive jurisdiction and venue of the state and federal courts in the jurisdiction where The Bank is located, as indicated at the end of this Agreement, over all disputes, actions and/or proceedings arising out of, or in connection with, your access to and use of this Web site and its Online Services or arising out of, or in connection with, this Visitor Agreement.

Changes to Agreement
The terms of this Visitor Agreement may be modified or changed from time to time. By using, or continuing to use, this service following any such modification, you agree to be bound by the terms of this Agreement as so modified. Also, The Bank may change, restrict access to, suspend, or discontinue this service, or any portion of it, at any time, without prior notice.

Notices or Communications to Us
Any notices or communications to us concerning this Web site or its contents, or any provision of this Agreement, must be made to us in writing or by E-mail at the following address:

Capital Bank & Trust Company
1375 Washington Avenue
Albany, NY 12206
By Fax: (518) 434-1242
By E-mail: info@capitalbank.com

 
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