TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. THESE TERMS OF USE INCLUDE AN AGREEMENT TO ARBITRATE CLAIMS AND LIMITATIONS ON CLASS ACTIONS (SECTION 13). BY ACCESSING OR USING THE SITE AND ANY PAGES WITHIN, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE, OR ANY PAGES WITHIN.
1. Terms of Use for All Information and Services on the Site
The following terms and conditions (“Terms of Use”) govern your use of this Site. By accessing, viewing, or using any material or content on the Site, you agree that you understand and intend these Terms of Use to be the legal equivalent of a signed, written legal contract between you and the Site Sponsor, and equally binding, and that you accept such Terms of Use and agree to be legally bound by them WITHOUT LIMITATION OR QUALIFICATION.
If you do not agree with each of the Terms of Use specified herein, you are not granted permission to use the Site and must exit this Site immediately.
“Site” means all websites including /, and all interactive features, widgets, plug-ins, content, downloads and other electronic services maintained by any of the Eagle Financial Services, Inc. family of companies.
The terms “we,” “us,” “our,” or “Site Sponsor” mean and include any and all entities in the Eagle family of companies. The term “you” refers to you as an individual person and, if you are accessing the Site as an employee or representative of any other person or entity, that person or entity.
2. Important Information about Procedures for Opening a New Account
To help the government fight the funding of terrorism and money laundering activities. Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
3. We Are Not Responsible for Links to Content Provided by Others
LINKS TO OTHER INTERNET WEBSITES OWNED OR OPERATED BY THIRD PARTIES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL, AND WE ARE NOT RESPONSIBLE FOR IT.
This Site may, from time to time, contain links to other sites such as banner advertisements or hyperlinks which we do not own or control, but which we provide for your convenience. If you visit a link to another website, you do so at your own risk subject to the conditions of use set by that website. We reserve the right to terminate a link to another website at any time. The fact that we provide a link to a website does not mean we endorse, authorize, or sponsor that site, or that we are affiliated with the site’s owners or sponsors.
You may not link to this Site without our written permission. If you wish to link to this Site, please contact us using the Contact and Notification Information in Section 25 of these Terms of Use.
4. Our Proprietary Rights and Your Restricted Use
This Site’s content, including but not limited to all music, images, videos, icons, text, software, logos, expressions and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, this Site’s content is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes. You are not authorized to post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Any commercial use of this Site or its content beyond the specific use licensed herein or by written authorization from us is prohibited. You may print a copy of the information contained on this Site only for your personal use subject to the following: (i) you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server without the prior written permission of Eagle; (ii) you may not modify the content or make derivative works therefrom; and (iii) on any and all copies you make of the information you must retain all copyright, trademark, service mark and other proprietary notices contained in the original information. The right given in this paragraph may be revoked at any time.
5. We Do Not Allow You to Use Trademarks, Service Marks, Tradenames and Logos Used and Displayed on This Site
The trademarks, service marks, tradenames and logos (“Marks”) used and displayed on this Site are registered and unregistered Marks owned by the Site Sponsor. Certain trademarks, service marks, and names (“TP Marks”) used on this Site are the property of third parties. Other than as specified in the preceding section, and notwithstanding any other information on this Site, you are not allowed to use any Mark or TP Mark, by implication, estoppel, or otherwise, and you are not granted any license or right to use any Mark or TP Mark without our prior written permission. No Mark may be used in any way, including in hyperlinks, advertising, or publicity pertaining to distribution of materials on this Site. without our prior written permission.
6. Our Liability Is Limited
Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical or factual inaccuracies and typographical errors. Furthermore, there are certain aspects of web usage, electronic mail, your computer, and your link to the Internet which we cannot control. We therefore make no representation or warranty that the operation of this Site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors or loss. For these reasons we cannot warrant the accuracy, completeness or timeliness of the information, text, graphics, links, or other items on this Site or the privacy of responses to you by electronic mail.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION PROVIDED ON THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS INTENDED TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS, OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY ELECTRONIC MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING ELECTRONIC MAIL FROM YOU; EVEN IF EAGLE FINANCIAL SERVICES, INC. OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
THIS SITE AND ALL CONTENT DISPLAYED ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY COMPUTER VIRUS OR OTHER COMPUTER INSTRUCTIONS OR TECHNOLOGICAL MEANS INTENDED TO DISRUPT, DAMAGE, OR INTERFERE WITH THE USE OF COMPUTERS OR RELATED SYSTEMS THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.
WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.
7. Indemnification
You agree to indemnify and hold harmless Eagle from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by Eagle in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Eagle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Eagle. You further agree to indemnify and hold harmless Eagle from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
8. Information, Products and Services Offered Are Subject to Our Acceptance
Information on this Site is not intended for distribution to, or use by, any persons or entities in any jurisdictions or countries where such distribution or use is not authorized or licensed, or where any content displayed on or transaction offered through the Site is unlawful. You use the Site on your own initiative and are responsible for compliance with local laws. This Site may provide general information about the Site Sponsor and the products and services offered by Eagle. Information on publicly-accessible pages of the Site (prior to authentication of your identity) does not constitute an offer to sell or a solicitation of any particular product or service. Some products and services may not be available in all states, and no product or service is available outside the United States. Your eligibility for particular products and services is subject to final determination, restrictions, and acceptance by Eagle.
Eagle may discontinue or make changes to the information, products, licenses, or services described herein at any time. Any dated information is published as of its publication date only. The Site Sponsor does not undertake any obligation or responsibility to update or amend any such information. The Site Sponsor reserves the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products or services through the Site, no solicitation is made by Site Sponsor to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
9. No Client, Fiduciary or Professional Relationship Is Established by Providing Information on This Site
YOU AGREE THAT NO CLIENT, ADVISORY, FIDUCIARY OR PROFESSIONAL RELATIONSHIP IS CREATED, IMPLIED OR ESTABLISHED BETWEEN YOU AND THE SITE SPONSOR AND THAT YOU AGREE AND UNDERSTAND THAT NO PERSON OR ENTITY IS, IN CONNECTION WITH THIS SITE, ENGAGED IN RENDERING AUDITING, ACCOUNTING, INVESTMENT, SECURITIES, TAX, LEGAL ADVICE OR CONSULTING OPINIONS AND THAT YOU WILL CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR OPINIONS AND ADVICE RELATING TO THE SPECIFIC FACTS, LAWS AND ROLES WHICH MAY APPLY IN YOUR SPECIFIC CASE.
10. Governing Law
These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without regard to its law regarding conflicts of law.
11. Arbitration and Disputes
Description of Arbitration. Arbitration is a method of resolving claims and disputes between parties that is more informal than a lawsuit in court. In arbitration, both sides present their case to a neutral third person – the arbitrator – instead of a judge or jury. Arbitration allows for more limited discovery than in court, and an arbitrator’s rulings are subject to limited review by courts. Arbitration takes place on an individual basis: class proceedings are not permitted. UNDER THIS ARBITRATION PROVISION, BOTH YOU AND EAGLE ARE VOLUNTARILY WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE FULLEST EXTENT PERMITTED BY LAW.
A. Claims and Disputes Covered.
Except as specified in this Section 11, you and Eagle agree that either party may elect arbitration of any Covered Claim. The term “Covered Claim” is intended to be broadly interpreted and includes the following claims or disputes, whether based in contract, tort, statute, equity, or any other legal theory:
- claims arising out of or relating to ANY ASPECT OF THE RELATIONSHIP between you and Eagle, including, but not limited to, these Terms of Use; the Site; any loan or retail credit agreement (a “Credit Contract”) issued by or assigned to Eagle; any request to be prequalified for or any application for a Credit Contract through Eagle; any previous Credit Contract from or assigned to Eagle; or any services, rewards, tools, or educational materials offered or made available through the Site;
- claims arising out of or relating to any documents, disclosures, advertising, or actions or omissions, including any allegation of fraud or misrepresentation, relating to any Credit Contract made by or assigned to Eagle or to any other of Eagle’s products or services;
- claims arising out of or relating to negotiations, performance, or breach of any Credit Contract made by or assigned to Eagle;
- claims arising out of or relating to the closing, servicing, collecting, or enforceability of any transaction involving Eagle or you;
- claims arising out of or relating to any insurance product, service contract, membership plan, or warranty purchased in connection with any Credit Contract made by or assigned to Eagle;
- claims arising out of or relating to communications by or on behalf of Eagle, including claims under the Telephone Consumer Protection Act, do-not-call regulations, or similar laws or any other claim involving emails, faxes, text messages, or calls placed using automated technology or an artificial or prerecorded voice, including communications relating to offers of unrelated products or services; and
- claims arising out of or relating to the collection, retention, protection, use, disclosure, or transfer of any information about you or your accounts for any of Eagle’s products or services.
A Covered Claim is subject to arbitration regardless of when it arose, whether it is before the date of this or any prior contract between Eagle and me (such as claims relating to advertising or disclosures or claims involving predecessors), or whether the claim arises after the termination of these Terms of Use. This arbitration provision shall survive the termination of any Credit Contract between Eagle and you. In the event of a conflict between this arbitration provision and one in any Credit Contract between Eagle and you that you entered into before accepting these Terms of Use, this arbitration provision shall govern. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
B. Covered Claims by or against Third Parties.
This arbitration provision also covers claims brought by or against your and Eagle’s Third Parties. Your Third Parties consist of any co-owners of your accounts, any authorized or unauthorized users or beneficiaries of your accounts or loans, and each of those person’s assignees, heirs, trustees, agents, or other representatives. Eagle’s Third Parties consist of its employees, officers, agents, or directors; its corporate affiliates; any entities which provided insurance in connection with this or any previous transactions between you and Eagle; any third parties that assigned Credit Contracts or other agreements to Eagle; any third party that provides you any product or service which you purchased with the assistance or involvement of Eagle; any third party that participates in efforts to collect a debt owed under or to repossess collateral pursuant to any Credit Contract issued by or assigned to Eagle; any other third party providing services to or contracting with Eagle or any of Eagle’s Third Parties; and any of the employees, officers, agents, directors, affiliates, predecessors, successors, or assigns of such third parties. Affiliate corporations are Eagle’s past, present, and future parent corporations, subsidiary corporations, and sister corporations, including each of those corporation’s predecessors, successors, and assignees.
C. Matters Not Covered by Arbitration.
All claims for damages must be arbitrated, but you agree that Eagle does not have to initiate arbitration before exercising lawful self-help remedies or judicial remedies of garnishment, repossession, replevin or foreclosure, but instead may proceed in court for those judicial remedies. You may assert in court any defenses you may have to Eagle’s claims in such a lawsuit, but any claim or counterclaim for rescission or damages you may have arising out of, relating to, or in connection with Eagle’s exercise of those remedies must be arbitrated. In addition, instead of pursuing arbitration, either you or Eagle also have the option to bring an individual lawsuit in small claims or equivalent court, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. If these limitations on removal or appeal of small claims court actions are unenforceable, the dispute instead shall be arbitrated. Neither you nor Eagle shall be deemed to have waived any arbitration rights by the fact of having exercised any self-help or judicial remedies of garnishment. repossession, replevin or foreclosure or previously filing different claims in small claims court. In addition, disputes over whether a claim or dispute can or must be arbitrated, including disputes over the validity and enforceability of this arbitration provision or whether Subsections E, J, or L of this arbitration provision have been violated, are for a court to decide. Nothing in this arbitration provision precludes you from bringing issues to the attention of Federal, state, or local agencies or law enforcement. Such agencies can, if the law allows, seek relief against Eagle on your behalf.
D. Pre-Arbitration Notice of Dispute and Informal Resolution.
A party who intends to seek arbitration must first send to the other party a written Notice of Dispute (“Notice”). The Notice to Eagle may be sent by U.S. mail or professional courier service addressed to Eagle Financial Services, Inc., c/o Legal Department, 7791 Dixie Hwy, Florence KY 41042 (“Notice Address”). The Notice to you may be sent to the address on file with your account. The Notice to Eagle must include all of the following information: (a) your name; (b) your account number; (c) a description of the nature and basis of the claim or dispute; (d) an explanation of the specific relief sought and the basis for the calculations; (e) the signature of the party sending the Notice; and (f) if you have retained an attorney, your signed statement authorizing Eagle to disclose your confidential account records to your attorney if necessary in resolving your claim.
After the Notice containing all of the information required above is received, within 60 days either party may request a conference to discuss informal resolution of the dispute (“Informal Settlement Conference”). If timely requested, the Informal Settlement Conference will take place at a mutually agreeable time by telephone or video conference. You and an Eagle representative must both personally participate in a good-faith effort to resolve the dispute informally without the need to proceed with arbitration. Any counsel representing you or Eagle also may participate. The requirement of personal participation in an Informal Settlement Conference may be waived only if both you and Eagle agree in writing.
ANY APPLICABLE STATUTE OF LIMITATIONS WILL BE TOLLED FOR THE CLAIMS AND RELIEF SET FORTH IN A NOTICE during the period between the date that a Notice is received by the other party and the later of (i) 60 days after receipt of the Notice; or (ii) if an Informal Settlement Conference is timely requested, seven days after the request is withdrawn or the Informal Settlement Conference is completed (the “Informal Resolution Period”).
E. Commencing Arbitration.
An arbitration proceeding may be commenced by filing a demand for arbitration with the American Arbitration Association (“AAA”) only if Eagle and you do not reach an agreement to resolve the claim during the Informal Resolution Period. (If your Notice is part of a mass arbitration, Subsection J contains additional requirements for commencing arbitration.) A court will have authority to enforce this Subsection E, including the power to enjoin the filing or prosecution of arbitrations without first providing a fully complete Notice and participating in a timely requested Informal Settlement Conference. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any arbitration unless the claimant has complied with the Notice and Informal Settlement Conference requirements of Subsection D.
F. Arbitration Forum and Rules.
The arbitration will be conducted under the Consumer Arbitration Rules (“AAA Rules”) of the AAA in effect at the time arbitration is started, as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is not available or unwilling to administer arbitrations consistent with this arbitration provision or you object to the AAA for good cause, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available online at https://www.adr.org/consumer or by writing to the Notice Address.
G. Selection of Arbitrator.
The AAA maintains lists of approved arbitrators. The AAA will provide you and Eagle a list of seven possible arbitrators. You and Eagle will each have an opportunity to strike three persons from that list. You will make the first strike, and Eagle and you will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator. The arbitrator must be a lawyer with at least 10 years’ experience or a retired judge.
H. Costs of Arbitration.
The AAA charges certain fees in connection with arbitration proceedings. You may have to bear some of these fees; however, if you are not able to pay your share of those fees or think they are too high, Eagle will consider any reasonable request to bear those fees, so long as you have fully complied with the requirements of Subsections D, E, J, and L for any arbitration you initiate. Eagle will also bear any costs it is required to bear by law or by the terms of any other agreement with you.
I. Conduct of Proceedings.
All issues are for the arbitrator to decide, except as specified in this arbitration provision. In resolving the parties’ claims, the arbitrator shall apply all applicable substantive law and honor all privileges (such as the attorney-client privilege and attorney work product doctrine) recognized in law. The arbitrator may consider rulings in other arbitrations involving other claimants, but an arbitrator’s ruling will not be binding in proceedings involving different claims. Except as specified in Subsection L below, the arbitrator can award the same damages and relief that a court can award under applicable law. During the arbitration, the amount of any settlement offer made to or by you shall not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you are entitled. If you had fully complied with the Notice and Informal Settlement Conference requirements, did not disclose the amount of any settlement offers during the arbitration, and the arbitrator awards you more than was offered in the last written settlement offer to you before the arbitrator was selected, your recovery shall be $1,000 in lieu of any smaller award (the “Minimum Recovery”). In determining if an award is greater than the value of the last written settlement offer, the calculation should not include amounts offered or awarded for attorneys’ fees and expenses. The arbitrator may resolve disputes and make rulings as to eligibility for and payment of the Minimum Recovery upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
J. Mass Filings.
If 25 or more claimants submit Notices or file arbitrations raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth in Subsection D. You agree to this process even though the arbitration of your claim might be delayed. In the first stage, the parties shall each select up to 10 cases per side (20 cases total) to be filed in arbitration and resolved individually in accordance with this arbitration, with each case assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, administer, nor demand payment for AAA fees for arbitrations commenced in violation of this Subsection J. After the first stage of bellwether proceedings is complete, the parties shall engage in a single mediation of all remaining cases, and Eagle will pay the mediation fee. If the parties are unable to resolve the remaining cases, the process of filing up to 20 cases in arbitration to be resolved individually by different arbitrators, followed by mediation, will be repeated. If any cases remain, the process will be repeated until all claims are resolved, except that the total number of cases filed in arbitration each round shall increase to 50, and mediation is optional at the agreement of both sides. If these mass filing procedures apply to a claimant’s Notice of Dispute, the Informal Resolution Period applicable to the claims and relief set forth in that Notice will be extended until that Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Subsection J and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of AAA fees. If, after exhaustion of all appeals, a court determines that the process in this Subsection J of staging the filing of cases in arbitration is unenforceable, then this Subsection J shall be severed and the cases may be filed in arbitration, but the Minimum Recovery in Subsection I will be unavailable.
K. Enforcement and Appeal of Decision.
The decision and judgment of the arbitrator shall be final, binding, and enforceable in any court having jurisdiction over the parties and the dispute; however, for Covered Claims seeking or resulting in an award of $100,000 or more (including costs and attorneys’ fees), any party may appeal the award, at its own cost, except as provided by law, to a three-arbitrator panel appointed by the AAA. That panel will reconsider from the start any aspect of the initial award that either party asserts was incorrectly decided. The decision of the panel shall be by majority vote and shall be final and binding, except as provided below. The arbitrator’s (or panel’s) findings, decision, and award shall be subject to judicial review on the grounds set forth in the Federal Arbitration Act.
L. Requirement of Individual Arbitration.
The arbitration may award relief (including, but not limited to, damages, restitution, and declaratory and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND EAGLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS BOTH YOU AND EAGLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable as to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
M. Future Changes to Arbitration Agreement.
Notwithstanding any provision in this Agreement to the contrary, you and Eagle agree that if Eagle makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending Eagle written notice with 30 days of the change to the Notice Address. This is not a rejection of arbitration altogether. By rejecting any future change, you are agreeing that we will arbitrate any Covered Claim in accordance with this version of the arbitration provision.
12. Failure to Exercise Rights Does Not Constitute Waiver
No failure, omission or delay on the part of Site Sponsor in exercising any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.
13. You Agree to Changes and Amendments Posted on This Site
The Site Sponsor reserves the right to change these Terms of Use or any Site content or functionality at any time without notice and in our sole discretion, by posting a change notice or new Terms of Use on our Site. Any change to these Terms of Use shall be effective as to you or any user who uses this Site without notice, by posting of the Terms of Use as changed on this Site, with or without notice of any specific changes. You agree that you will comply with these Terms of Use as they may be modified from time to time by the Site Sponsor by checking for modifications on this Site, whether or not you have received notice of any changes. If any modifications of these Terms of Use are unacceptable to you, your only recourse is to terminate use of this Site immediately. Your continued use of the Site will constitute binding acceptance of any modification. Any inconsistent terms between these Terms of Use and any subsequent modifications or Terms of Use posted on this Site shall be controlled according to the latest posting.
14. No Use of Site by Minors
No person under the age of 18 may use this Site. We do not knowingly solicit business by minors or children and request that any person under the age of 18 have their parent or responsible adult contact us. If you are under age 18, please leave this Site immediately. You agree to report all information you have about any person under 18 who uses the Site to us immediately using the Contact and Notification Information in Section 25 of these Terms of Use.
15. Confidentiality of Internet Not Guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the Internet is completely confidential. There are certain aspects of Internet usage, your computer, and your links to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.
16. Communications to You by Us
We may respond to your inquiries and questions by electronic mail if you provide us with an e-mail address. However, be advised that information sent by electronic mail may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the electronic mail response is sent. Unless you specifically state in capital letters within your inquiry as follows: “DO NOT RESPOND TO THIS INQUIRY BY E-MAIL,” you hereby consent to response to your inquiries and questions by electronic mail, notwithstanding the risks inherent in using electronic mail.
17. Entire Agreement
These Terms of Use comprise the entire agreement between you and Eagle relating to your use of the Site, and supersede all prior agreements and negotiations, whether oral or written. These Terms of Use supersede any previous terms of use relating to use of this Site to which you and Eagle may have been bound. There are no other agreements, understandings, promises, or conditions, oral or written, express or implied, concerning the subject matter of these Terms of Use, except as set forth in these Terms of Use.
18. Termination
These Terms of Use are effective until terminated by Eagle. Eagle may terminate these Terms of Use at any time without notice or suspend or terminate your access and use of the Site at any time, with or without cause, in Eagle’s absolute discretion and without notice. The following sections of these Terms of Use shall survive termination of your use or access to the Site: (Our Liability Is Limited), (Indemnification), (No Client, Fiduciary or Professional Relationship Is Established by Providing Information on the Site), (Governing Law), (Arbitration and Disputes), (Failure to Exercise Rights Does Not Constitute Waiver), (Communications to You by Us), (Entire Agreement), (Submissions), (Severability), (General Provisions), (Contact and Notification Information), and any other provision that by its nature or terms survives termination of your use or access to the Site.
19. Information from Third-Party Providers
Certain material that may be provided on the Site is independently obtained, prepared, and provided by third parties (“Information”) who are not affiliated with Eagle, and Eagle is not responsible for these third parties. This Information is provided free of charge for your general understanding. Eagle has not reviewed the Information and is not responsible for the accuracy, completeness, reliability, or correct sequencing of the Information. The Information does not in any way represent the opinion of Eagle.
20. Submissions
All ideas, expressions, and inventions (excluding any nonpublic personal information) submitted to the Site Sponsor through this Site shall be deemed and remain the property of the Site Sponsor and the Site Sponsor shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information you provide to Site Sponsor through this Site. The Site Sponsor shall not be subject to any obligations of confidentiality regarding ideas, expressions, and inventions (excluding any nonpublic personal information) except as agreed in writing executed by Eagle.
21. Monitoring
Eagle has no obligation to monitor the Site, however, you acknowledge and agree that Eagle has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site, to protect itself or other users of the Site or for any other purpose that complies with applicable laws.
22. Termination Of Service
We reserve the right in our sole discretion to terminate, restrict, or suspend this Site, service, access, or information from you at any time for any reason without prior notice or liability.
23. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect.
24. General Provisions
These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
You hereby authorize the Sponsor of this Web Site, which may be a third party unrelated to Eagle, to collect aggregate information which is not personally identifiable to you about your use of this Site. You also authorize us to use information which is personally identifiable to you (or others) that you send us to provide any service you request.
25. Contact and Notification Information
You may contact us using the following information: Eagle Financial Services, Inc., c/o Legal Department, 7791 Dixie Hwy, Florence KY 41042
Further Terms & Conditions
If using this site to submit a Loan application, in addition to any specific terms and conditions of that Loan Application process, I/we acknowledge that I/we have read the Terms & Conditions, privacy policy. I/we authorize Eagle Financial Services, Inc. and/or its subsidiaries (“Eagle”) to receive and exchange information and investigate the references and data collected pertinent to my/our creditworthiness. I/We represent that the information I/we have given Eagle regarding my/our financial condition is complete and correct and that I/we have no present intention to file for bankruptcy. I/We will promptly notify Eagle of any material adverse change in my/our financial condition.
I/We expressly grant Eagle the authority to call and/or e-mail me/us with questions related to this application and share information about other products & services available.
If you are applying for a joint account, you and the co-applicant acknowledge it is your intent to apply for a joint account at your loan closing.
A consumer report is usually obtained and reviewed in the evaluation of an application. Upon request, and/or if required by law, you and the co-applicant, if applicable, will be informed whether a consumer report was requested and of the name and address of the credit reporting agency furnishing any such report. Subsequent consumer reports may be requested and used in connection with an update, renewal or extension of credit. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
Additional State Law Disclosures
1. If married, you may apply for a loan separately from your spouse.
2. If you are applying for a joint account or an account that you and another person will use, you agree that you both intend to apply for joint credit.
3. If you are applying for individual credit in your own name and are relying on your own income or assets (except community property states, your separate income or assets) and not the income or assets of another person (or community property) for repayment of the credit requested, questions relative to marital status and to income resources and assets of the spouse’s need not be answered. However, only the applicant’s resources will be evaluated in determining creditworthiness.
4. State lending laws may restrict a lender’s ability to make more than one loan to the same borrower, may limit the total amount that can be loaned to the same borrower at one time, may require us to pay off existing loans in order to provide you with a new loan, or may prevent us from offering you the full loan amount you request.
5. A consumer report may be requested in connection with the processing of your application for credit. Upon request, when required by law, you will be informed whether or not a consumer report was requested and, if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Subsequent consumer reports may be requested or utilized in connection with an update, renewal, or extension of the credit.
6. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.