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PIONEER TRUST BANK, N.A.
TRUSTREPORTER CLIENT INTERNET ACCESS AGREEMENT
TERMS AND CONDITIONS
TrustReporter (the "Service") is a third-party account access service that allows Pioneer Trust Bank, N.A. customers to retrieve, review and print personal trust and investment account information from a personal computer via the Internet. By signing the TrustReporter Client Internet Access Application, you agree that your use of the Service will be governed by the following terms and conditions. Please note that Pioneer Trust Bank, N.A. reserves the right to modify these terms and conditions from time to time and, in such event, the modified terms and conditions shall govern your use of the Service going forward.
1. User ID/Name And Password
Upon receipt of the signed TrustReporter Client Internet Access Application, you will be provided with a User ID/Name and initial password with which to access the Service. Upon logging in, you will be prompted to change the password to one of your choosing. You are solely responsible for ensuring the confidentiality of your Login Name and password. Contact Pioneer Trust Bank, N.A. immediately if you have reason to believe that someone has gained unauthorized access to your Login Name or password. Pioneer Trust Bank, N.A. recommends that you change your password regularly. You assume sole responsibility for any breach of security caused by your failure to maintain the confidentiality of your Login Name and password, as well as liability for any damages arising from the unauthorized use of your Login Name and password.
2. Account Information
The account information accessed by the Service is provided as a convenience to you, but it is not the official record of your account. Pioneer Trust Bank, N.A. records remain the official record of your account. Although Pioneer Trust Bank, N.A. attempts to provide accurate up-to-date information via the Service (usually updated daily), all such information is provided on an "as is," "as available" basis, and Pioneer Trust Bank, N.A. disclaims liability for errors or omissions in the account information. Your use of the Service and the information accessed thereby is at your own risk.
3. Periodic Statements
By signing the TrustReporter Client Internet Access application, you are authorizing the Bank to send your trust statement(s) in electronic form. If you wish to discontinue electronic statements and resume a paper statement, you may do so any time by contacting the Bank by phone at (503)-363-3136, or you can write to the bank at Pioneer Trust Bank, N.A., P.O. Box 2305, 109 Commercial St. N.E., Salem, OR 97308.
4. Disclaimer Of Warranties
NEITHER PIONEER TRUST BANK, N.A. NOR ANY THIRD PARTY WORKING WITH IT TO PROVIDE THE SERVICE HEREUNDER MAKES ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, ACCESSIBILITY, ACCURACY, COMPLETENESS, SUITABILITY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
5. Limitation Of Liability
Neither Pioneer Trust Bank, N.A. nor any third party working with it to provide the Service hereunder, nor any of their directors, officers, or employees shall be liable for any direct, consequential, indirect, special, punitive, or other damages of any kind, whether under a contract, tort or any other theory of liability, arising in connection with any use of the Service or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, difficulty of use, inaccuracy of information, computer viruses, malicious code, or other defects in the Service or any information viewed via the Service, line system failure, loss of data, or loss of use. Without limiting anything in the foregoing, in no event will Pioneer Trust Bank, N.A. or any third party working with it to provide the Service hereunder be liable for the interception or alteration of any data or other communications or for communications line failure, system failure, or theft by a third party who gains access to the services despite reasonable precautions or other occurrences beyond Pioneer Trust Bank, N.A.?s reasonable control. If notwithstanding the foregoing or anything else in this Agreement, Pioneer Trust Bank, N.A. or any third party working with it to provide the Service hereunder is found to be liable for damages arising from or in any way related to usage of the Service or of information derived therefrom, it is hereby agreed that such liability shall not exceed $100.00 in the aggregate
6. Termination.
You may request that Pioneer Trust Bank, N.A. terminate your rights to access the Service at any time. Pioneer Trust Bank, N.A. reserves the right to restrict, suspend, terminate or modify your use of the Service, with or without notice, at any time.
7. License To Use The Service
Effective upon your acceptance of this Agreement, you are granted a personal, nonexclusive, nontransferable, revocable license to access and use the Service for your non-commercial use. You may not assign, sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Service. Pioneer Trust Bank, N.A., and to the extent that portions of the Service are provided by third parties, such third parties, shall retain all right, title and interest to the Service including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation with respect to all technology and account information or passwords used in connection with or provided as part of the Service. The license granted hereby shall terminate upon termination of your rights to access the Service. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason. You may not allow any third party to access the services, in whole or in part, for any purpose whatsoever, without the prior written consent of Pioneer Trust Bank, N.A.
8. Indemnification
You agree to defend, indemnify and hold harmless Pioneer Trust Bank, N.A. and any third party working with it to provide the Service hereunder, from and against any and all claims, losses, liability costs and expenses, (including, but not limited to attorney?s fees), arising from any violation of this Agreement, state or federal banking laws or regulations, or any third party?s rights, including but not limited to the infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this Agreement. This Agreement shall be governed by Oregon law, without regard to conflict law provisions.
9. International Use; Compliance with Laws
Pioneer Trust Bank, N.A. makes no representation that the Service is appropriate or available for use in locations outside the United States, and accessing it from territories where its contents or use are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding your use of the Service.
10. Acceptable Use Policies
You agree to comply with the Acceptable Use Policies of any third party who provides hosting services in connection with the Service, which are currently found on the hosting providers? website. See www.ntt.com and www.cervalis.com, as applicable. You agree to comply with similar policies provided by other hosting service suppliers that Pioneer Trust Bank, N.A. may make available to you from time to time.
11. Severability
If any provision in this agreement is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this agreement.
12. Whole Agreement
This Agreement constitutes the entire agreement between the parties and shall be deemed to supersede and cancel any other agreement between the parties relating to the Service.
13. Modification
Pioneer Trust Bank, N.A. reserves the right to modify this Agreement at any time in its sole discretion, with or without notice.
14. Third Party Beneficiaries
Any third party working with Pioneer Trust Bank, N.A. to provide the Service hereunder shall be considered a third party beneficiary of this Agreement entitled to enforce directly the terms of this agreement.
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