Terms of Use

Please read these Terms carefully. Your access to, and use of the website is subject to your acceptance of, and compliance with, these Terms. These Terms apply to all visitors to the website.

THESE TERMS GOVERN THE USE OF THE NORTH STATE BANK WEBSITE. BY ACCESSING THE WEBSITE YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.

Last Updated: September 27, 2017

This website has been established by North State Bank to (1) communicate information about North State Bank products and services and (2) to communicate with North State Bank customers and prospective customers. The contents of this website are advertisements for North State Bank products and services.

TERMS

This website shares information about North State Bank’s products and services. It also enables communication between North State Bank and its customers. The Internet is not a secure medium, and confidentiality or reliability of communications cannot be assured. The material shared on this website is for informational purposes only. It does not supplant or otherwise replace the contracts or agreements between North State Bank and its customers.

In the event of a conflict between the contracts or agreements and any material on this website, the agreements shall control.

While North State Bank makes every effort to ensure that the information displayed on the website is accurate and up-to-date, the user understands all information is provided “As-is.”

BINDING ARBITRATION

All claims, disputes and controversies arising out of or relating in any way to the website, including claims for equitable relief or claims based on contract, tort, statute, warranty, or any alleged breach, default, negligence, wantonness, fraud, misrepresentation, suppression of fact, or inducement, will to the fullest extent permitted by Federal law, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”). Any challenges to the validity or enforceability of this Agreement shall be determined by the arbitrator(s) in accordance with the provisions of the Federal Arbitration Act and AAA Rules.

Arbitration may be initiated by any party by sending written notice of its intention to arbitrate (“Notice”) to the other party. The Notice will contain a description of the claim, dispute, or controversy and the remedy requested.  For any claim requesting relief or an award of less than Twenty Thousand Dollars ($20,000.00), the arbitration will be conducted before a single independent and impartial arbitrator selected by the AAA. For any claim requesting relief or an award of greater than Twenty Thousand Dollars ($20,000.00), the arbitration will be conducted before a panel of three independent and impartial arbitrators selected by the AAA. Unless otherwise mutually agreed, all arbitrators shall be lawyers licensed by the North Carolina State Bar and approved to be on an AAA Panel.

The arbitrator will deliver the decision or award in writing with a summary of the reasons for the decision or award, and the decision or award shall be final and binding on all parties, their successors and assigns. In an appropriate case, the arbitrator may grant a motion to dismiss the claim or a motion for summary deposition of the claim. Judgment on the decision or award may be entered by any court having jurisdiction. Fees and costs of the arbitration will conform to the AAA fee schedule in effect at the time of the arbitration and will be shared equally by the parties.

This clause shall not prevent any party from requesting assistance from by any authorized federal or state agency. Such agency will be allowed to complete any informal dispute resolution process prior to any arbitration proceeding.

This clause is an election to resolve claims, disputes, and controversies by arbitration rather than the judicial process. IT IS UNDERSTOOD THAT THE USER WAIVES ANY RIGHT TO A JURY TRIAL OR A TRIAL IN COURT. The user understands that the rules applicable to arbitrations and the rights of parties in arbitrations differ from the rules and rights applicable in court. The arbitration will be conducted at an appropriate time and place set by the arbitrator or panel in Wake County, North Carolina.

OTHER LINKS

The website may display hyperlinks to other sites on this page. The North State Bank has no control over any other website. It is not responsible for the content of any other site.

COPYRIGHT

Unless noted otherwise, the information and materials contained in this website are owned by North State Bank. No material may be copied, displayed, transmitted, distributed, sold, stored for use, downloaded, or otherwise reproduced without permission of North State Bank except as provided by law.

NO WARRANTIES

The North State Bank makes no warranties of any kind regarding the products and services advertised on this site. The North State Bank specifically expressly disclaims any representation and warranty, express and implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, suitability, and the ability to use the site without transmitting a computer virus or other harmful malware or spyware.

LIMITATION OF LIABILITY

The North State Bank is not responsible for ANY loss, claim, damage, expense, or penalty (whether arising in law or equity, tort or contract), including but not limited to direct, indirect, consequential and incidental damages, that result from, or in connection with, the access of or use of this site. This limitation includes any theory of liability, including, but not limited to, the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the spread of any other malicious or disabling code or procedure. This limitation applies even if North State Bank has been informed of the possibility of such loss or damage.

NO CHANGE IN TERMS

No agent, officer, agent, or employee of the North State Bank is authorized or able to vary, waive, or modify any of these Terms of Use.

SEVERABILITY

In the event that any Term set forth herein, including the arbitration clause, is determined to unenforceable by a court of appropriate jurisdiction, the remaining Terms shall continue in full force and effect.

PERIODIC CHANGE IN TERMS

This agreement may be changed from time to time by posting the new Terms of Use on the website. Your use of the website after the change in terms manifests agreement to the new Terms.

APPLICABLE LAW

The North State Bank website is designed to comply with the laws of the United States of America and the State of North Carolina.

CHOICE OF LAW

This agreement and the use of this website are governed by the laws of the State of North Carolina, without reference to the principles of Conflicts of Laws.

CHOICE OF VENUE

The sole venue for any legal proceeding arising out of, or in connection with, use of this website shall be an arbitrator or state or federal court sitting in the City of Raleigh, Wake County, North Carolina.

QUESTIONS

If you have any questions regarding these “Terms of Use,” please contact North State Bank via the “Contact Us” page under the “Connect” tab on the website homepage.