By visiting, using and/or submitting information to Orco Bank Online, you are accepting this Agreement of Terms of Use (this "Agreement") and our Privacy Policy (“Privacy Policy”) located at the URL https://online.orcobank.com/templates/logon/logon.cfm. Note that some features and functions of Orco Bank Online are subject to terms and conditions in addition to those of this Agreement. In the event of a conflict between those additional terms and conditions and this Agreement, this Agreement shall prevail. In order to determine your compliance with this Agreement, Orco Bank may monitor your access and use of Orco Bank Online in accordance with our Privacy Policy.

Orco Bank Online is owned and operated by Orco Bank N.V., a corporation (“Orco Bank”). This Agreement sets forth the terms and conditions that apply to your access and use of Orco Bank Online.

Applicability of this Agreement
This Agreement applies to you, Orco Bank, its affiliates and the Internet website located at the URL https://online.orcobank.com/templates/logon/logon.cfm (“Orco Bank Online”).

Your Right to Access and Use Orco Bank Online
You are only entitled to access and use Orco Bank Online for lawful purposes of personal use and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Your access and use of Orco Bank Online may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair activities that Orco Bank may undertake from time to time, or other actions that Orco Bank, in its sole discretion, may elect to take. Orco Bank reserves the right to suspend or discontinue the availability of Orco Bank Online and/or any portion or feature of Orco Bank Online for access and use at any time in its sole discretion and without prior notice.

Your Registration with Orco Bank Online
Certain features of Orco Bank Online are accessible only to registered users. The rights to register with Orco Bank Online and be issued a password and/or access code in order to access those features of Orco Bank Online are available only to those users who provide Orco Bank with the requested accurate, complete and current Personal Information (as defined in the Privacy Policy). In accordance with our Privacy Policy, you must promptly inform Orco Bank of any changes to or updates of any of your Personal Information. Orco Bank reserves the right to deny or revoke any user’s registration and/or the issuance of any password or access code at any time and without prior notice.

Your Compliance with this Agreement and Our Privacy Policy
Any action by you that, in Orco Bank's sole discretion, violates the terms and conditions of this Agreement or our Privacy Policy, or restricts, inhibits or prevents any third party from accessing, using or enjoying Orco Bank Online, or through the use of Orco Bank Online, defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use Orco Bank Online.

Your Transmissions, Submissions and Postings to www.orcobank.com
You shall not transmit, submit or post information to Orco Bank Online that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information. Pursuant to our Privacy Policy, Orco Bank may monitor any transmissions, submissions or postings by you to determine, in its sole discretion, your compliance with this Agreement and our Privacy Policy.

Orco Bank's Intellectual Property Rights
The name “orcobank.com” and the Orco Bank and Orco Bank Online trademarks, logos and graphics are proprietary to Orco Bank, and may not be used by you without the prior express written permission of Orco Bank, which permission may be withheld in Orco Bank's sole discretion.

The data and content viewable on, contained in, and/or downloadable from, Orco Bank Online, including, without limitation, all text, graphics, pictures, photographs, images, line art, icons and other renditions (collectively, the “Content”) is copyrighted by Orco Bank.

Orco Bank also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.

You shall be solely responsible for any damage resulting from your infringement of Orco Bank’s intellectual property rights and/or any other harm incurred by Orco Bank as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the names, trademarks, logos and/or Content for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content
Without the prior written consent of Orco Bank, you may only print, download or otherwise use the Content in the form of a print copy, for your personal, non-commercial use; provided, however, that you shall not delete any proprietary notices or materials.

Except as otherwise permitted under the copyright laws of Orco, no other copying, compilation, distribution, redistribution, transmission, publication or use of the Content, other than the personal, non-commercial use of the Content as permitted by this Agreement, is permitted by you without the express prior written permission of Orco Bank, which permission may be withheld in Orco Bank's sole discretion.

Framing, Linking and Meta Tagging Orco Bank Online
You may not frame or utilize any framing techniques regarding Orco Bank Online and/or the Content. You may not link to Orco Bank Online without the express written permission of Orco Bank. You may not use any meta tags or any other hidden text utilizing Orco Bank, Orco Bank Online or any of Orco Bank's trademarks, logos or graphics.

Orco Bank makes no representations or warranties regarding Orco Bank Online
Orco Bank Online, including, without limitation, the Content contained herein, is being provided to you on an “as-is” and an “as-available” basis. Orco Bank does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the same, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the same. Orco Bank does not provide the Content in any fiduciary or advisory capacity.

Orco Bank makes no representation, warranty or guarantee that Orco Bank Online, including, without limitation, the Content, free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.

Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use Orco Bank Online, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of Orco Bank Online.

Limitations on Orco Bank’s Liability

Orco Bank shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, even if Orco Bank has been advised of the possibility of such damages, as a direct or indirect result of:

(i) your breach or violation of the terms and conditions of this Agreement and/or our Privacy Policy; <;br>
(ii) your access and use of Orco Bank Online;
(iii) access or use of Orco Bank Online under any password or access code that may be issued to you whether such access is by you or by someone to whom you have provided your password and access code;
(iv) your inability to access or use Orco Bank Online for any reason;
(v) your downloading of any of the Content; or
(vi) your reliance upon or use of the Content. Use of Orco Bank Online and the Content is at your sole risk.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations on Orco Bank's liability may not apply to you, and you may have additional rights.

Your Indemnification of Orco Bank N.V.
You shall defend, indemnify and hold harmless Orco Bank and its officers, directors, shareholders, employees, third party contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to:
(i) any breach or violation of this Agreement or our Privacy Policy by you or anyone logged in under your passwords and/or access codes, if any; or
(ii) your failure to provide accurate, complete and current Personal Information requested pursuant to registration.

In connection with the above, the customer agrees and confirms that Orco Bank is indemnified on our part from and against any and all possible actions for damages, penalties, costs, and expenses related to, and resulting from, falsification of, fraudulent acts and irregularities relating to our Internet contract and the execution thereof.

Third Party Rights Under this Agreement
This Agreement is for the benefit of Orco Bank and its affiliates, each of which shall have the right to directly enforce and assert the terms and conditions of this Agreement and our Privacy Policy against you on behalf of Orco Bank.

Amendments of this Agreement and Opting Out
Orco Bank reserves the right to amend this Agreement at any time in its sole discretion and without notice. Your right to access and use Orco Bank Online is subject only to our most current Agreement of Terms of Use. Changes, revisions or deletions with regard to this Agreement shall be effective immediately upon their inclusion in, or deletion from, this Agreement, and the posting of the same in this Agreement on Orco Bank Online.

You are advised and encouraged to visit Orco Bank Online on a regular basis to review our most current Agreement of Terms of Use, and review any changes that may have been made. Unless you elect to opt-out of this Agreement, you agree to be bound by our most current Agreement of Terms of Use, including any changes that have been made.

If at any time you wish to opt-out of this Agreement, please contact Orco Bank at the postal address listed at the end of this Agreement, or via email at online.support@orcobank.com. However, keep in mind that your opting-out of this Agreement cancels your ability to access and use Orco Bank Online. In the event you opt-out of this Agreement, any passwords and/or access codes issued to you for the access and use of Orco Bank Online will be canceled.

Orco Bank's Remedies
You acknowledge that Orco Bank may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Orco Bank shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Orco. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law and Arbitration

This Agreement is to be governed and construed in accordance with the internal laws of Orco, without regard for principles of conflicts of laws. In no event shall you be entitled to punitive, special, indirect or consequential damages and you hereby waive your respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business, even if Orco Bank has been advised of the possibility of such damages.

Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Orco Bank from time to time, shall survive termination of this Agreement and/or the termination of your account(s) with Orco Bank. This Agreement cannot be orally modified.

This Agreement and our Privacy Policy located at the URL https://online.orcobank.com/agreement/ which is hereby incorporated by reference, represent the entire understanding and agreement between you and Orco Bank regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.