These Terms govern your access to this website (the "Site"), so please read them carefully. This Site is made available for your convenience, and we hope you'll explore and enjoy its many resources.
Description of Services
A range of financial services, products and/or other information is available on this Site. Some services may result in a fee, including those for our personal banking w and business banking w services. Additional Terms and Conditions will apply to these services.
Conduct on Site
Your use of this Site is subject to all applicable laws and regulations including those relating to intellectual property. You agree to abide by the Intellectual Property terms discussed in the section below—and that you will not:
- 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 provisions, you agree that we may—at any time and at our sole discretion—terminate your access to services available on this Site without prior notice. You also acknowledge that EverBank will cooperate fully with investigations into violations of systems or network security.
All of the content that's available on this Site is owned or licensed by EverBank—and is protected by federal and international trademark and copyright laws. Without prior written authorization, EverBank and its licensors (who retain all rights to this content) expressly prohibit:
- reproduction of any part of the Site content in any medium for other than personal use;
- exploitation of any part of the Site for any commercial purpose; and
- framing, deep linking, storing, transmission, or redistribution of content except as authorized in these Terms.
EverBank and its affiliates retain proprietary rights in their service marks and trade names appearing on this Site. Any use of EverBank names and marks (including use in metatags or other invisible text) must be authorized by EverBank in writing.
Disclaimer of Warranties
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 services and materials will meet your requirements
- The services and materials will be uninterrupted, timely, secure or error-free
- The results that may be obtained from the use of the services or materials will be effective, accurate or reliable
- The quality of any products, services or information purchased or obtained by you from this site from us or our affiliates 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 materials and services on this site, including the prices and descriptions of any products or services listed herein, at any time without notice. The materials or services on this site may be out of date, and we make no commitment to update such materials or services.
As for third party content and links made available on this Site, the associated material represents the opinions and judgments of the third party and not EverBank. We do not endorse, nor are we responsible for the accuracy or reliability of, 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.
Cautionary Note Regarding Forward-Looking Statements
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 any 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. Unless otherwise required by law, we also disclaim any obligation to update our view of any such risks or uncertainties or to announce publicly the result of any revisions to the forward-looking statements made on the Site. For more information, please review the "Risk Factors" section of our filings with the United States Securities and Exchange Commission.
Limitation of Liability
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, those 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.
Upon our request, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of this Site. 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. Those who choose to access this Site from outside the United States are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and 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. It can be accessed from all 50 states and from countries around the world. As each of these places has laws that may differ from those of Florida, you agree that the statutes and laws of the State of Florida, and the United States, will apply—without regard to the conflict of law provisions—to all matters relating to the use of this Site, including the purchase of products and/or services available through this Site.
We may send notices to you by fax, US mail or email. All notices to us must be in writing and sent to:
EverBank Legal Department
SVP & Associate General Counsel, Intellectual Property & Technology
301 West Bay Street, Jacksonville, FL 32202IPLegal@everbank.com
A notice is deemed delivered to a party (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed fax; or (5) on the delivery date if transmitted by confirmed email.
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 those 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 the Terms and Conditions applicable to EverBank services and where Terms and Conditions for a specific service deviate from these Terms, the Terms and Conditions prevail with regard to that service.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or 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 reasonable 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, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that 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 shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.