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Cogent Bank

Terms of Use

All website users are subject to the following terms and conditions. Please read these terms of use carefully before accessing, viewing, or using this website.  By accessing, viewing, or using this website or any of its pages (including, without limitation, any content, functionality, or service offered on or through this website), you agree to be bound by these terms of use. If you do not wish to agree to these terms of use you must not access or use this website.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. You may be denied access to this website, with or without notice to you, if you do not comply with these terms of use.

These terms of use are in addition to, and do not alter, the terms and conditions of any other agreement(s) you may have with Cogent Bank or its affiliates. 

TERMS & TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing a registration process. These terms and conditions, or any part of them, may be amended or terminated by Cogent Bank without notice at any time, for any reason in Cogent Bank’s sole and absolute discretion. The posting of new or updated terms of use to this website shall constitute a valid and binding amendment to the terms of use and such amendment shall take effect immediately upon the posting of new or updated terms of use. You are responsible for complying with the most current terms of use published on this website and your accessing, viewing, or using this website in any manner following any modification will signify your consent to, and acceptance of, the then-current terms of use. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

COPYRIGHT

The entire content and any materials included in this site, including but not limited to documentation, content, text, data, graphics, code images, video and audio, interfaces or other materials, information or works is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cogent Bank (or third party licensors and suppliers to Cogent Bank). All rights not expressly granted in and to the website and the copyrighted materials are reserved to their respective owners, subject to applicable laws.  Without limiting the foregoing, and except as expressly provided herein, nothing in these terms of use or contained on or in the website shall be construed as conferring any license or other right or intellectual property right.  You agree to abide by all copyright notices.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of researching the bank.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to open an account with Cogent Bank. Any copy or use of any such materials or portions of the site must include all copyright notices appearing on the original.  Cogent Bank reserves the right to revoke this limited authorization of use at any time and for any reason, upon which revocation any use by you shall be immediately discontinued. 

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cogent Bank. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

WARRANTY DISCLAIMER

This site and the materials, products, or offers on this site are provided “as is” and without warranties of any kind, whether express or implied. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information available on or though this website.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COGENT BANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COGENT BANK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF MATERIALS AND/OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGES, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR REVIEWING, ACCESING AND/OR USE OF THIS WEBSITE, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (iv) ANY INFECTIONS, BUGS, VIRUSES, WORMS, TROJAN HORSES, MALWAYRE, RANSOMEWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO RO THROUGH THE WEBSITE, and/or (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, DISSIMINATED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.  Cogent Bank does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cogent Bank does not make any warranties or representations regarding the use of the materials in this site – including, without limitation, published rates- in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states restrict or do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COGENT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL COGENT BANK BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER COGENT BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  Without limiting the generality of the foregoing, neither Cogent Bank, nor any other party involved in creating, producing or delivering this website shall be liable for: any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering information presented at or on the website; any software failure, system failure, website security failure, unauthorized access to the website or technical problem; any decision made or action taken or not taken in reliance upon information presented at or on the website; any damages or injury resulting from your access to the website, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access the website; or, any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the website.

NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF COGENT BANK FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). Applicable law may not allow the limitation or exclusion of some or all damages so the above limitations and exclusions may not apply to you.

TYPOGRAPHICAL ERRORS

In the event a Cogent Bank rate or offer is mistakenly listed incorrectly, Cogent Bank reserves the right to refuse or cancel any online or in-branch transactions placed for product listed at the incorrect rate, or to otherwise refuse to accept any attempt to obtain the mistaken rate or offer. Cogent Bank reserves the right to refuse or cancel any such transactions that might be initially processed.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or in any way relating to this site (including but not limited to the purchase of Cogent Bank products) shall be and lie exclusively in the state or federal courts located in Orange County, Florida, and you irrevocably submit to the jurisdiction of such courts. Any cause of action or claim you may have with respect to the website or in any way arising out of or relating to this website (including but not limited to the purchase of Cogent Bank products) must be commenced within one (1) year after the claim or cause of action arises. Cogent Bank’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cogent Bank may assign its rights and duties under these terms of use to any party at any time without notice to you.

The failure of Cogent Bank to enforce any right or provision in these terms of use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Cogent Bank in writing.  If a court of competent jurisdiction finds any provision of these terms of use to be illegal, invalid, or unenforceable, the remaining portions will remain in full force and effect.

USE OF SITE

Harassment in any manner or form on the site, including, without limitation, via e-mail, chat, or by use of obscene or abusive language or communications, is strictly forbidden. Impersonation of others, including a Cogent Bank or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. You may not circumvent, disable, or otherwise interfere with security-related features of the website or its content or other materials.

Because all servers have a limited capacity and may be used by many people, the website may not be used in a manner that could damage or overburden any of our servers, or any network connected to any of our servers. Furthermore, the website may not be used in a manner that would interfere with any other party’s use of the website. You hereby agree to be responsible for all liabilities, costs and expenses arising from any technical disruption of or damage to the website (including the software and systems that transmit the Website) caused directly or indirectly by your use of the website.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Cogent Bank its affiliates, officers, directors, owners, operators, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all claims, actions, demands, damages, obligations, losses, liabilities, expenses, damages, debts and costs of any kind, including reasonable attorneys’ fees, resulting from, in connection with or in any way related to: (i) your use of and access to the website and any materials or information contained in or on the website; (ii) your violation of any of these terms of use; and /or (iii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.


THIRD PARTY LINKS

To provide increased value to our visitors, Cogent Bank may link to sites operated by third parties (the use of which may result in you leaving this website). These links are or may be to third parties’ websites over whom and which Cogent Bank has no control. Cogent Bank may not have viewed any third-party website and has no control over these sites or their content. Even if the third party is affiliated with Cogent Bank, Cogent Bank has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cogent Bank. These linked sites are only for your convenience and therefore you access them at your own risk. Cogent Bank does not endorse or warranty any information, opinion, recommendation or advise expressed therein or make any representations about third-party websites, their usefulness, safety, privacy, or intellectual property rights or relating to such contents, and Cogent Bank expressly disclaims (and you hereby discharge and release Cogent Bank from) all liability in connection with such third-party sites. Nonetheless, Cogent Bank seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

WAIVER OF RIGHT TO TRIAL BY JURY

YOU AGREE THAT ANY ACTION OR SUIT ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, OR TO YOUR VIEWING OF, USE OF OR ACCESS TO THIS WEBSITE, SHALL BE TRIED BY A JUDGE, SITTING WITHOUT A JURY.  BY VIEWING, ACCESSING, OR USING THIS SITE IN ANY WAY YOU ARE KNOWINGLY AND VOLUNTARILY WAIVING THE RIGHT TO A TRIAL BY JURY.

CONTACT US

If you have any questions regarding the website, please contact Cogent Bank.