PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SITE 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 THE SITE FROM TIME TO TIME. THESE TERMS ARE IN ADDITION TO ANY ACCOUNT AGREEMENT (INCLUDING RELATED FEE SCHEDULES AND DISCLOSURES) OR OTHER AGREEMENTS GOVERNING ANY ACCOUNT YOU HAVE OPENED ONLINE THROUGH THE BRIODIRECT WEBSITE AND/OR WITH STERLING NATIONAL BANK. BY ACCESSING AND/OR USING THE SITE, YOU ARE AGREEING TO THESE TERMS. FOR PURPOSES HEREIN, “SITE” MEANS THIS BRIODIRECT powered by STERLING NATIONAL BANK WEBSITE (www.briodirectbanking.com), AND ANY ASSOCIATED WEBSITES (INCLUDING www.snb.com), PRODUCTS OR SERVICES.
As used herein, the terms “You” and “User” shall mean any visitor to the Site. Unauthorized use of the Sites and systems, including but not limited to unauthorized entry into Sterling National Bank’s systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that Sterling National Bank may disclose and transfer any information that you provide through the Site to (i) any company within the Sterling National Bank group, 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 the Site you agree to such transfers. Use of the Site, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using the Site expressly consents to such monitoring, tracking and recording.
You agree not to attempt to log on to the Site 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 Site from one of these countries may result in your access being restricted and/or terminated.
The works of authorship contained in any of the Sites, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Sterling National Bank or one of its subsidiaries ("Sterling National 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 Sterling National 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 Sterling National Bank's proprietary rights provided that you may download information and print out hard copies, except for any third party exchange data, for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
“Sterling National Bank” and the Sterling National Bank logo are trademarks of Sterling National Bank. “BrioDirect” and the BrioDirect logo are unregistered trademarks of Sterling National Bank being claimed by Sterling National Bank. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of other respective owners in the United States and/or other countries.
Web Content and Materials
The information on the Site is for information purposes only. It is believed to be reliable, but Sterling National Bank does not warrant its completeness, timeliness or accuracy. The information on the Site is not intended as an offer or solicitation for the purchase of Sterling Bancorp stock, any other security or any financial instrument.
Materials and information posted on the Site may be printed for your use, provided, however, that third party exchange data, if any, may not be downloaded, printed or redistributed for any purpose whatsoever. Materials and information posted on the Site may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
All Sterling National Bank research is subject to a disclaimer included in such research. Any material excerpted or summarized from a research report is subject to the terms of the disclaimer. The information on the Site, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
The information and materials contained in the Site 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.
You agree that (i) you will not engage in any activities related to the Site that are contrary to applicable law, regulation or the terms of any agreements you may have with Sterling National Bank, and (ii) in circumstances where locations of the Site 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. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our Webpages, data or the content contained herein or for any other unauthorized purpose without our prior expressed written permission.
Please seek the advice of professionals as necessary regarding the evaluation of any content of the Site.
STERLING NATIONAL 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 STERLING NATIONAL BANK DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. STERLING NATIONAL BANK RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITEOPFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE SITE AND INFORMATION, PRODUCTS OR SERVICES VIA THE SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY STERLING NATIONAL BANK TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
You shall be responsible for obtaining and maintaining all telephone computer hardware, software and other equipment needed to access the Site. Access to the Site 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 services;
Strike or other stoppage (whether partial or total) of labor;
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; and
Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Sterling National Bank.
If access to the Site is unavailable, delayed or limited, or if the Site does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses. Sterling National Bank will not be liable for any such loss.
Links to Other Sites
YOUR DEVICES You are solely responsible for maintaining the security of your devices used for accessing the Site and for the confidentiality of any user account information, including any access credentials. You are solely responsible for any and all activity that occurs with respect to any Sterling National Bank account as a result of your sharing information or failing to keep information secure and confidential, except as otherwise provided by law. You agree to contact us immediately of any unauthorized use of any Sterling National Bank account, or any other security breach by calling us at 855-SNB-7500 (855-762-7500).
Unless otherwise required by law, we will provide you notice electronically. If we choose to provide the notice to you by some other method, we may mail it separately or with other information to any address on our records for you. You accept responsibility to assure that the contact information in your Online Banking profile is always current and accurate.
If you have a dispute with any person over the use of an External Account Transfers Site (as defined herein) or any transfer or service you requested on an External Account Transfers Site, you release us and our affiliates, agents, employees and service providers, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by § 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code. For purposes herein, the term “External Account Transfers Site” means any website through which you utilize services, including any services relating to checking, savings or money market accounts that you hold at a financial institution other than Sterling National Bank.
Exclusions of Warranties
THE SITE AND SERVICES PROVIDED TO YOU BY STERLING NATIONAL BANK, AND ANY RELATED DOCUMENTATION, ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS," "AS AVAILABLE". STERLING NATIONAL BANK AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. STERLING NATIONAL BANK AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, 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, STERLING NATIONAL BANK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL STERLING NATIONAL BANK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND STERLING NATIONAL BANK'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
STERLING NATIONAL BANK AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING STERLING NATIONAL BANK ‘S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL STERLING NATIONAL 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 SITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER STERLING NATIONAL 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.
Enforceability and Governing Law
In the event any of the terms or provisions of these Site Terms shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Site Terms shall be subject to any other agreements you have entered into with STERLING NATIONAL BANK. The user's access to and use of the Sterling National Bank (www.snb.com) website or any other Site, and the terms of this disclaimer are governed by the laws of the State of New York.
Any action against Sterling National Bank arising from or relating to your access to and use of the Site and the provisions of these Site Terms must be brought by you in state or federal court located in the State of New York, County of New York. You consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for the adjudication of all claims by Sterling National Bank against you arising from or relating to your access to and use of the Site and the provisions of these Site Terms.