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1. Definitions "We", "us" and "our" mean National City Bank until the end of business November 6, 2009. Thereafter, "we", "us" and "our" mean PNC Bank, N.A. successor-in-interest to National City Bank (and after November 6, 2009 sometimes doing business as National City Bank), and its successors and assigns. "Company" means a corporation, limited liability company, partnership, proprietorship, organization or other entity in whose name an Account has been opened. "User," "you," and "your" mean a person who has authority to use the Account and uses Account View. "Account View" means the service providing online access to an Account and related services. "Web Site" means the web site(s) used to register for and use the Account View service. 2. Acceptance of Terms By signing up for Account View and/or using Account View, you represent your acceptance of these Terms. The Terms may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at Terms and Conditions. In addition, when using Account View, you shall be subject to any guidelines or rules applicable to Account View that may be posted from time to time on the Web Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Account View (or any part thereof) with or without prior notice. 3. Access to Account View To use the Service you will need an Internet-ready computer equipped with a widely used web browser such as Internet Explorer or Firefox. Under normal circumstances, we will support the most recent version of a browser shortly after the release date, not to exceed 6 months. For security reasons, we require thorough testing before certifying a new browser or new version of a browser. Your browser must also support 128-bit encryption and be JavaScript™ enabled. You will be able to access your Account information on the Web Site only if you have signed up for Account View. To ensure successful registration with Account View, all the information you provide to us must be accurate, complete, and current. By submitting the registration information, you are authorizing us to verify any of the information you provide. Verification of your identity may be achieved through the use of third-party services. 4. Account Information We determine what information you will be able to access through Account View. Unless you elect to receive your statement online, the account information on Account View is not intended to replace the regular statement you receive by mail or other means. In that case, you must refer to your full Account statement or E-statement for complete account information, including important information about your rights and obligations. Any discrepancies or disputes regarding the accuracy of your account summary or detail must be addressed directly with us. You may request from us copies of previously delivered paper statements. You may use Account View to check the balance, available credit, and activity on the Account. Generally, Account information is updated once each day. The balance and available credit shown by Account View may not be your actual balance or available credit. The information may differ from your records because it may not include transactions or payments in process, outstanding authorizations, outstanding convenience checks, or other items or because a daily update did not take place as scheduled. All of your transactions and disclosures will continue to appear on your monthly Account statement or E-statement. 5. User Name and Password You will need a personal user name ("User Name") and a password ("Password") to access Account View. You can change your Password on the Web Site at any time. After you choose a User Name and Password to access the Web Site, and we process your registration information, you may use Account View. You authorize us to follow any instructions entered through Account View using your User Name and Password. Your access to Account View will be temporarily blocked in the event your User Name or Password is entered incorrectly on three (3) consecutive access attempts. For more information, see the FAQs posted on this Web Site at Help and FAQ. Because your User Name and Password can be used to access information about your Account, you should treat your User Name and Password with the same degree of care and secrecy that you use to protect other sensitive financial data. You agree not to give your User Name or Password, or make them available, to any other person, including any authorized user. You agree to NOTIFY US AT ONCE OF ANY BREACH OF SECURITY INVOLVING YOUR USER NAME AND PASSWORD, SUCH AS THE ACTUAL OR SUSPECTED MISUSE, LOSS, MISPLACEMENT, OR UNAUTHORIZED DISCLOSURE OF YOUR USER NAME OR PASSWORD by contacting a Customer Service Representative at the phone number or address stated on your Account statement or E-statement. When writing us, please provide your name and Account number. You will be solely responsible for any transactions if you give or make available your User Name and Password to any other person. We will consider any information and/or instructions accompanied by your User Name and Password to have been made by you. 6. Security Although we use stringent security measures and take all reasonable steps to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such payment information. We do not tolerate fraud, and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on this Web Site without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the site. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Web Site and/or Account View may result in criminal and/or civil prosecution and immediate termination of your right to use Account View. 7. Your Conduct While accessing the Account View Web Site or otherwise using Account View, you agree not to:
We reserve the right either to refuse to post, or to remove any information or materials, in whole or in part, that do not comply with these terms. We also reserve the right, in our sole discretion, to prohibit from using the Web Site and/or Account View any user who violates these terms. Such prohibition may occur without notice to the user. 8. Termination If you want to end your ability to use Account View, contact a Customer Service
Representative at the phone number or address stated on your Account statement
or E-statement. We may require that your request be in writing. 9. Linked Sites The Web Site may contain links to other web sites operated by third parties ("Linked Sites"). Accessing any Linked Site is at your own risk. We are not a party to any agreements you enter with Linked Sites, and are not responsible for the content of those sites or the goods or services offered by such sites. The presence of Linked Sites does not constitute or imply our endorsement or approval of the Linked Sites or any goods or services offered on the Linked Sites. 10. Liability Limitations and Disclaimer of Warranties We will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, power outages, telephone or other interconnect problems, computer viruses, "hacking," unauthorized access, theft, operator errors, delays in the banking system, severe weather, earthquakes, natural disasters, strikes or other labor problems, acts of terrorism, wars, or governmental restrictions. In addition, we will not be responsible for any problems, costs or consequences of:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND ALL SERVICES, INFORMATION AND OTHER CONTENT INCLUDED ON OR ACCESSIBLE FROM THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE, RELIABLE OR COMPLETE. WE ASSUME NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR (i) ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, SOFTWARE, MODEM, TELEPHONE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR DOWNLOADING FROM THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE RESULTING FROM A VIRUS OR SIMILAR OCCURRENCE; (ii) ANY FINANCE CHARGES, INVESTMENT LOSSES, LOSS OF BUSINESS, LOST OPPORTUNITIES OR OTHER ECONOMIC DAMAGES; OR (iii) SECURITY ASSOCIATED WITH ANY INFORMATION TRANSMITTED VIA E-MAIL. EXCEPT AS OTHERWISE PROVIDED HEREIN OR BY LAW, NEITHER WE, OUR PARENT COMPANY, SUBSIDIARIES, AND AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING OR DELIVERING THE WEB SITE ARE RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, CAUSED BY ACCOUNT VIEW SERVICE OR THE WEB SITE OR YOUR USE OF THE ACCOUNT VIEW SERVICE OR THE WEB SITE. 11. Governing Law You agree that disputes arising out of or relating to the Web Site or Account View are to be governed by the laws of the State of Delaware, United States of America. You consent to the exclusive jurisdiction of courts sitting in the State of Delaware in all disputes arising out of or relating to the Web Site or use of Account View. A printed version of these Terms shall be admissible in judicial or administrative proceedings based upon or relating to the agreements contained herein to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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