GENERAL TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.

Unauthorized use of Florida Capital Bank's Websites and systems, including but not limited to unauthorized entry into Florida Capital Bank's 's systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information posted to a site, is strictly prohibited.

You acknowledge that Florida Capital Bank may disclose and transfer any information that you provide through this Website to (i) any company within Florida Capital Bank , its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA), and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the website from one of these countries may result in your access being restricted and/or terminated.

If you use Florida Capital Bank ‘s website or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Florida Capital Bank’s systems, you shall indemnify, defend, and hold harmless Florida Capital Bank, N.A. and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting Florida Capital Bank’s rights or your obligations under any other provision of these Terms and Conditions, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Florida Capital Bank, N.A.’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by Florida Capital Bank, N.A. of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through Florida Capital Bank’s website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Florida Capital Bank customer account data.

Copyright Notices

The works of authorship contained in the floridacapitalbank.com Website (the "Website"), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Florida Capital Bank, N.A. or one of its subsidiaries, ("Florida Capital Bank"). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Florida Capital Bank’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Florida Capital Bank’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.

Trademark Notices

FLCBank and Florida Capital Bank are marketing names for the financial services activities of Florida Capital Bank, N.A. and its subsidiaries and affiliates in the United States. "FLCBank," "Florida Capital Bank, N.A.," the FLCBank logo and symbol are trademarks of Florida Capital Bank, N.A., a wholly-owned subsidiary of Florida Capital Group.  Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Web Content and Materials

The information on this website is for information purposes only. It is believed to be reliable, but Florida Capital Bank does not warrant its completeness, timeliness or accuracy. The information on the website is not intended as an offer or solicitation for the purchase of Florida Capital Bank stock, any other security or any financial instrument.

The information and materials contained in this website-and the terms and conditions of the access to and use of such information and materials-are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations.

The floridacapitalbank.com website and the flcbmtg.com website contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. In addition, certain portions or pages of this website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these terms and conditions, the additional disclosures and disclaimers will govern for those portions or pages.

You agree that (i) you will not engage in any activities related to the website that are contrary to applicable law, regulation or the terms of any agreements you may have with Florida Capital Bank, and (ii) in circumstances where locations of the website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

Protecting Children’s Privacy Online

The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site. The Bank does not knowingly collect, use, or disclose personal information from or to children under age 13 without obtaining written, verifiable consent from a parent or legal guardian. Our Site is directed to a general audience, and it may be accessed by the public.

The Children’s Online Privacy Protection Act (“COPPA”) protects children under the age 13 from the online collection of personal information. For more information about COPPA, visit the Federal Trade Commission website: http://www.ftc.gov/opa/reporter/privacy/coppa.shtml

Use of Cookies

Cookies are pieces of information stored directly on the device you are using. Cookies we use do not contain or capture unencrypted Personal Information. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and your relationship with us. We use the information for security purposes, to facilitate navigation, to display information more effectively, to personalize/tailor your experience while engaging with us, and to recognize your device to allow your use of our online products and services. We collect statistical information about the usage of the Site in order to continually improve the design and functionality, to monitor responses to our advertisements and content, to understand how account holders and visitors use the Site and to assist us with resolving questions regarding the Site. We also utilize cookies for advertising purposes.

You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site and some online products and services. For example, we will not be able to recognize your device and you will need to answer a challenge question each time you log on. You also may not receive tailored advertising or other offers from us that may be relevant to your interests and needs.

Therefore, if you set your browser options to disallow cookies, you will limit the functionality we can provide when you visit our Site. The latest versions of internet browsers provide cookie management tools, such as the ability to delete or reject cookies. We recommend that you refer to information supplied by browser providers for more specific information, including on how to use these tools.

FLORIDA CAPITAL BANK OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND FLORIDA CAPITAL BANKDOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FLORIDA CAPITAL BANK RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY FLORIDA CAPITAL BANK TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to the website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
  • Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
  • Overload of system capacities
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
  • Interruption (whether partial or total) of power supplies or other utility of service
  • strike or other stoppage (whether partial or total) of labor
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Florida Capital Bank
Links to Other Sites

Links to non-Florida Capital Bank websites are provided solely as pointers to information on topics that may be useful to the websites, and Florida Capital Bank has no control over the content on such non-Florida Capital Bank websites. If you choose to link to a website not controlled by Florida Capital Bank, Florida Capital Bank makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Florida Capital Bank warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Florida Capital Bank does not guarantee the authenticity of documents on the Internet. Links to non- Florida Capital Bank sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". FLORIDA CAPITAL BANK AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. FLORIDA CAPITAL BANK AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FLORIDA CAPITAL BANK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL FLORIDA CAPITAL BANK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FLORIDA CAPITAL BANK'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

FLORIDA CAPITAL BANK AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, FLORIDA CAPITAL BANK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FLORIDA CAPITAL BANK AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING FLORIDA CAPITAL BANK'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES WILL FLORIDA CAPITAL BANK BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FLORIDA CAPITAL BANK HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Transmissions to and from this Website

Except where expressly indicated otherwise, transmissions to and from this Website or directed to Florida Capital Bank, including emails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Florida Capital Bank. Please do not use email to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-800-318-3159 or write us instead at this address: Florida Capital Bank, N.A., P.O. Box 551390, Jacksonville, FL 32255-1390, Attention: Customer Service. Any transmission to this Website, including E-mails shall be deemed and remain the property of Florida Capital Bank. Florida Capital Bank shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to Florida Capital Bank through this Website.

Available Only Where Permitted by Law

The products and services of Florida Capital Bank and other Florida Capital Bank affiliates are available only in the United States and other countries where permitted by law.

Modifications

Florida Capital Bank may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Florida, without regard to the conflict of laws thereof, and to the laws of the United States. Venue. Disputes arising from the use of this Website shall be exclusively subject to the jurisdiction of any federal or state court of Florida. Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

Waiver

No waiver by Florida Capital Bank of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.

Service Contact

You may contact Florida Capital Bank by email or by phone at 1-800-318-3159 or by mail at Florida Capital Bank, N.A., P.O. Box 551390, Jacksonville, FL 32255-1390, Attention: Web Site Customer Service.