You are accessing a website (the “Site”) operated by First American Commercial Bancorp, Inc., its wholly-owned subsidiaries or managed affiliates (collectively “First American”). “First American Equipment Finance” is the trade name for certain equipment leasing and finance businesses of First American Commercial Bancorp, Inc. and its subsidiaries. Equipment financing transactions are provided in Canada by FA Equipment Finance, Inc. and First American. First American and some entities not affiliated with First American (“Providers”) prepare or provide the information, materials, products and services available or described on the Site. These Terms and Conditions For Use govern your access to and use of the Site, including any information, functionality, products and services provided on or through the Site (collectively “Services”). Content located on the Site is for informational purposes only and is not designed or intended to provide financial, tax, legal, investment, accounting, or other professional advice. The services of a professional advisor should be sought where needed such that individual circumstances may be considered. Please thoroughly review all Terms and Conditions For Use of the Site.
BY ACCESSING THE SITE AND USING ANY OF THE SERVICES, YOU AGREE THAT YOU ARE BOUND BY THESE TERMS AND CONDITIONS FOR USE.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS FOR USE, OR ARE UNDER 13 YEARS OF AGE, PLEASE EXIT THE SITE IMMEDIATELY.
If you access the Site from outside of the United States, you are responsible for compliance with local, national and international laws. The Site is not intended for use or access by any person or entity in any jurisdiction where such use or access is contrary to local law or regulation.
TRADEMARK/COPYRIGHT/PATENTS/RESTRICTIONS ON USE
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to First American or its licensors or licensees. You may not use, reproduce or display any of the First American trademarks without First American’s prior written consent. All trademarks are the property of their respective owners.
Inquiries respecting the use of copyrighted materials or other materials on the Site may be directed to First American via email at firstname.lastname@example.org.
UNAUTHORIZED USE OF SITE NOT PERMITTED
By accessing the Site or using the Services, you agree that you have an obligation of appropriate use and conduct that includes not causing an unreasonable processing load on the Services or systems, and not introducing any virus, worm, Trojan horse or other material that may harm or disrupt the Services or systems. Unauthorized use of the Site, including but not limited to unauthorized entry into any First American system, unauthorized use of any Service, or the misuse of any password or any information or material appearing on the Site is strictly prohibited. Further, users of the Site shall not disrupt or cause harm to, or attempt to disrupt or cause harm to, the Site (or to any Services) through the introduction of harmful or invasive files or programs, including any virus, spyware, or code.
FIRST AMERICAN PRODUCTS AND SERVICES
The content on the Site is not intended as an offer for any particular product or service. Services are subject to the terms and conditions of the applicable agreement for each such Service, and such terms shall control to the extent that there is an inconsistency with these Terms and Conditions For Use.
All transactions are subject to credit approval. Eligibility for a particular Service is subject to final determination by First American. Some restrictions may apply. For California clients: Loans made or arranged pursuant to a California Finance Lenders Law license.
NO WARRANTY/OTHER DISCLAIMERS
The information and materials available on the Site produced by First American or any Information Provider are intended for general use or education and are derived or produced from sources believed by First American to be reliable and accurate when produced. However, First American does not warrant the accuracy, completeness or timeliness of any such information or material or the appropriateness of the information or material for use by you. First American expressly disclaims all liability for errors or omissions in this information and material. No warranty of any kind, express, implied or statutory, including but not limited to the warranty of merchantability or fitness for a particular purpose, is given in conjunction with this information and material or a Service, except as First American may otherwise expressly agree in writing.
You acknowledge that neither First American nor any of its employees, agents, Information Providers or licensors warrant that the Services or that the Site itself will be uninterrupted, error free or free from computer virus.
Unless otherwise stated, opinions expressed or recommendations made on the Site are the opinions or recommendations of the authors and are not the opinions or recommendations of First American.
System response times may vary due to system performance and other factors, and access to the Site may be unavailable or limited for various reasons for which First American shall not be held responsible.
LIMITATION ON LIABILITY
EXCEPT AS FIRST AMERICAN MAY OTHERWISE AGREE IN WRITING OR AS OTHERWISE REQUIRED BY LAW, YOU AGREE THAT FIRST AMERICAN IS NOT LIABLE FOR ANY LOSS, COST, LIABILITY OR EXPENSE ARISING BY REASON OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF ANY SERVICE, THE INFORMATION AND MATERIALS AVAILABLE ON THE SITE, THE SITE ITSELF, THE USE OF INTERNET BROWSER SOFTWARE OR ANY COMPUTER VIRUS THAT MAY AFFECT YOUR COMPUTER SYSTEM BY REASON OF YOUR ACCESS TO THE SITE (PROVIDED THAT FIRST AMERICAN SHALL HAVE TAKEN REASONABLE PRECAUTION TO PROTECT AGAINST SUCH A VIRUS). IN NO EVENT WILL FIRST AMERICAN BE LIABLE OR RESPONSIBLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF FIRST AMERICAN HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
If you use the Site to access data or information of which you are not the owner or authorized user as reflected in First American’s systems, you shall indemnify, defend, and hold harmless First American and all of its direct and indirect subsidiaries and affiliates, 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, in the event of any actual or reasonably suspected unauthorized access to data or information, you shall be responsible for 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, customer service, or other remediation services, and any related cost. First American’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 First American 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 the Site, notwithstanding the terms of any agreement you have stating otherwise.
CHANGE IN TERMS/MODIFICATIONS
First American reserves the right to change these Terms and Conditions For Use in whole or in part at any time without prior notice except as otherwise required by law or as otherwise agreed in writing. The current version of these Terms and Conditions For Use are available to you on the Site. If you find these Terms and Conditions For Use, or any of them, unacceptable to you at any time, you shall discontinue your use of the Site. By continuing to access or use of the Site after the date of any change in the Terms and Condition For Use, you agree to the then current Terms and Conditions For Use, and not any older cached version.
First American reserves the right to modify or terminate the Site, any Service, any Link provided by or to the Site and your access to the Site, in whole or in part, at any time without notice.
If you access the Site or Services using mobile devices through websites specifically designed for mobile devices or through software applications ("Mobile Services"), you understand and agree that: (i) you must be properly enrolled to use the Mobile Services; (ii) you may not have access to all of the same services, features, functionality, content or information through Mobile Services as you may through the Site and you must access the Site through a technology other than Mobile Services to access the services, features, functionality, content and information of the Site; (iii) Mobile Services may not be available for use in locations outside of the United States; and (iv) you are responsible for any fees imposed by a service provider that you might incur by accessing Mobile Services. There may be important terms and conditions that are displayed only when you click on information icons or links within Mobile Services. You must access and read those terms and conditions, and by using Mobile Services, those terms and conditions apply to your use of Mobile Services, in addition to the terms and conditions of any other applicable agreements.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions For Use are governed by applicable federal law and the laws of Monroe County in the State of New York, without regard to its conflict of law provisions, unless otherwise indicated. You agree that if you access the Site in a jurisdiction other than Monroe County, New York, First American is not subject to the jurisdiction of the courts in that place by reason of that access and First American does not consent to such jurisdiction. The Terms and Conditions For Use are subject to any other agreement you have entered into with First American.
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.