Terms and Conditions
The following terms and conditions (“Terms and Conditions”) govern the use by any user (“User,” “you,” “yours”) of the Chello website located at www.chello.bank, and all associated sites and mobile applications linked or provided by Chello (collectively, the “Site”). Chello (“we,” “us,” “our”) is a division of Oriental Bank.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE AND ANY AREA THEREOF YOU AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS AND, AS APPLICABLE, THOSE ESTABLISHED FOR EACH AREA OF THE SITE. CHELLO RESERVES THE RIGHT TO AMEND, TEMPORARILY SUSPEND OR TERMINATE THESE TERMS AND CONDITIONS AT ANY TIME AT OUR ABSOLUTE DISCRETION. YOU ARE RESPONSIBLE FOR KEEPING UP TO DATE WITH THE TERMS IN EFFECT FROM TIME TO TIME EACH TIME YOU ACCESS THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR WITH ANY OTHER PROVISIONS APPLICABLE TO THE SITE OR ANY AREA THEREOF DO NOT ACCESS THE SITE. In addition, accounts, products or other services that you have through Chello or with any of its affiliates (individually and together, “Chello”) are governed by their respective agreements and, therefore, when using the Site you must keep those agreements in mind.
The Site is only available for users of legal age. Additional terms and conditions may apply to services and to specific portions or features of the Site. By using the Site you represent and warrant to Chello that you are of sufficient legal age to use or participate in such services of features of the Site. In using the Site you do it at your own risk and you are responsible for your use and for the use thereof by any other person on your behalf and for any results from such use. The Site is intended only for commercial purposes, and not intended for use by any individual for personal, family or household purposes or for use by children under the age of 13.
It is the policy of Chello to respect the privacy of its users. In using the Site you recognize and accept that we may disclose and transfer any information that you may provide us or that may be generated in your using the Site: (1) to comply with legal requirements or procedures or if we have a legal right to disclose it; (2) to protect and defend the rights or property of Chello or of any of its related or affiliated entities; (3) to comply with these Terms and Conditions; (4) to any person or entity as you may authorize us to do so; or (5) as permitted by the Chello Privacy Policy and, as applicable, of any of its entities. For more information, please refer to the Chello Privacy Policy available through the link “Privacy Policy” below. You recognize, accept and agree that Internet and mobile transmissions are not completely private and secure and that any information or message that you may send may be read or intercepted by others.
Chello prohibits the use of the Site and of its systems for illicit or unauthorized purposes including, without limitation, unauthorized use or misuse of the Site, of the Chello systems and of passwords and security procedures. As a condition to the use of the Site, you agree that you will only use it for legal purposes and as authorized by these Terms and Conditions, by the terms and conditions applicable to any area of the Site accessed by you, and that you will not use it for illegal or prohibited purposes. You agree to comply with applicable local, state and federal, laws, rules and regulations and recognize that you are responsible for all transactions, actions and omissions relating to your account(s) or password(s) and any other account that you may access in or through Chello including, without limitation, everything related to the contents of your e-mail transmissions to Chello, to any of its affiliates or related entities, or to any person or entity. In the event of any unauthorized or suspected unauthorized use of your account or password or of any other account that you may access in or through Chello, or security breach, you must immediately notify Chello by sending us a message via the the Site’s “Talk to Us” feature or by contacting your assigned Relationship Manager. You may be responsible for losses incurred by Chello or by any other user or visitor of the Site if any other person uses your username, password, or account(s). Chello, including each of its related entities, reserves the right to, at any time monitor, review, keep and/or disclose any information as needed to comply with any applicable law or regulation, legal procedure, or administrative requirement.
INVESTMENT PRODUCTS THAT ARE MARKETED, OFFERED, OR IN ANY MANNER MENTIONED IN THE SITE, IN ANY AREA OF THE SITE, OR IN PAGES THAT MAY BE LINKED THROUGH THE SITE, IF ANY: (I) ARE NOT DEPOSITS OR OTHER OBLIGATION OF AND ARE NOT GUARANTEED BY CHELLO (ORIENTAL BANK); (II) ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”); AND ARE SUBJECT TO INVESTMENT RISKS, INCLUDING THE POSSIBLE LOSS OF VALUE OR OF THE PRINCIPAL INVESTED.
INSURANCE PRODUCTS THAT ARE MARKETED, OFFERED, OR OTHERWISE MENTIONED ON THE SITE, IN ANY AREA OF THE SITE, OR IN PAGES THAT MAY BE LINKED THROUGH THE SITE, IF ANY: (I) ARE NOT DEPOSITS OR OTHER OBLIGATION OF CHELLO (ORIENTAL BANK) OR OF ANY AFFILIATES; (II) ARE NOT GUARANTEED OR INSURED BY CHELLO (ORIENTAL BANK) OR BY ANY AFFILIATES; (III) ARE NOT INSURED BY THE FDIC OR BY ANY OTHER AGENCY OF THE FEDERAL GOVERNMENT OF THE UNITED STATES; AND (IV) MAY LOSE VALUE.
CREDIT PRODUCTS THAT ARE MARKETED, OFFERED, OR OTHERWISE MENTIONED ON THE SITE, IN ANY AREA OF THE SITE, OR IN PAGES THAT MAY BE LINKED THROUGH THE SITE ARE NOT DEPOSITS OR OTHER OBLIGATION OF CHELLO (ORIENTAL BANK) OR OF ANY AFFILIATES AND ARE NOT INSURED OR GUARANTEED BY THE FDIC. ONLY DEPOSIT PRODUCTS MAY BE INSURED OR GUARANTEED BY THE FDIC AND, IN THOSE CASE, PURSUANT AND SUBJECT TO APPLICABLE LAW AND REGULATION. DEPOSIT PRODUCTS HELD AT DEPOSITORY INSTITUTIONS OTHER THAN CHELLO (“THIRD-DEPOSITORY INSTITUTION” OR “TDI”) AND LINKED BY YOU OR BY THE ENTITY THAT YOU REPRESENT ARE AND WILL CONTINUE TO BE HELD IN THE THIRD-DEPOSITORY INSTITUTION. EXCEPT AS OTHERWISE DISCLOSED BY CHELLO, CHELLO IS NOT AFFILIATED TO TDI’S.
Some financial or investment products mentioned on the Site may not be suitable for everyone. In publishing the Site and the information in it, the needs of a particular person or group of persons are not taken into consideration. You are responsible for consulting your own legal and tax advisors, among others, with respect to the convenience of any products or services that you may be interested in.
Chello makes an effort to include in or make available through the Site current and accurate information. Nonetheless, such information may contain faults or errors or may be inaccurate at a particular moment. You recognize, accept and agree that the information in the Site and the Terms and Conditions of the Site or of any area thereof will be changed periodically and that at any time, Chello, its respective third-party service providers or both may make enhancements and/or changes to the Site or to any area thereof.
Chello does not represent or warrant that: the Site, including any area thereof, will be uninterrupted or free of errors, that any defects will be corrected, or that they will be free of viruses or other damaging components; that the use of or the results obtained from the use of the Site or of any area thereof, or of the information made available to you or to any entity that you represent through any of them will be correct, accurate, timely or otherwise reliable.
You expressly recognize, accept and agree that the use of the Site by any person may be monitored, tracked, and registered. By using the Site you agree to that monitoring, tracking, and registration and to the transmission, processing or transfer of information to or through other countries as Chello may deem necessary or convenient. If you or an entity that you represent have account(s) with Chello, Chello will not be responsible for the access to them by unauthorized individuals or for any material or data sent to or received by Chello via e-mail. Except as otherwise required by applicable law, any communication or material that you may transmit to Chello or to any of its entities through the Site including, without limitation, any area thereof or via e-mail will be deemed non-confidential. In addition, you authorize Chello its agents and representatives to record and/or copy any information including, without limitation, e-mails sent to Chello or to its agents in relation to the Site.
THE LINKS INCLUDED ON THE SITE MAY ALLOW YOU TO EXIT IT AND TAKE YOU TO ANY CHELLO RELATED ENTITY OR TO THIRD PARTIES (“LINKED SITES”). THIRD PARTY LINKED SITES ARE NOT CONTROLLED BY CHELLO AND, THEREFORE, CHELLO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY OF THOSE THIRD PARTY LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY OTHER LINK CONTAINED IN A LINKED SITE, OR FOR ANY CHANGES TO OR UPDATES OF A LINKED SITE. CHELLO IS NOT RESPONSIBLE FOR ANY TRANSMISSION RECEIVED FROM ANY THIRD PARTY LINKED SITE. CHELLO MAKES THESE LINKS AVAILABLE TO YOU FOR YOUR CONVENIENCE OR INFORMATION AND THE INCLUSION OF ANY LINK DOES NOT CONSTITUTE THE APPROVAL OR ENDORSEMENT THEREOF BY CHELLO OR THE EXISTENCE OF ANY RELATIONSHIP BETWEEN CHELLO AND THE OPERATOR OF THIRD PARTY LINKED SITES.
NEITHER CHELLO, NOR ITS THIRD-PARTY SERVICE PROVIDERS WARRANT THE FITNESS, RELIABILITY, AVAILABILITY, AND ACCURACY OF THE SITE INCLUDING, WITHOUT LIMITATION, OF ANY AREA OF THE SITE. THE SITE IS MADE AVAILABLE “AS IS,” WITHOUT ANY WARRANTY. YOU EXPRESSLY WAIVE ANY WARRANTY OR CONDITION WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTY AND MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRIGEMENT AND OWNERSHIP. IN ADDITION, WE DO NOT WARRANT THE CONTINUED OR INTERRUPTED SERVICE OF THE SITE OR OF ANY AREA THEREOF. CHELLO WILL UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO INCLUDE ACCURATE AND UPDATED INFORMATION BUT MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OF SAID INFORMATION. BY USING THE SITE YOU ASSUME ALL THE RISKS RELATED TO SUCH USE AND TO THE USE OF ANY AND ALL ACCESS AND CONTENTS. BY USING THE SITE, YOU RELEASE AND SPECIFICALLY AGREE THAT CHELLO AND ITS RELATED ENTITIES ARE RELEASED FROM LIABILITY (WHETHER BASED IN CONTRACT, TORT, DAMAGE, STRICT LIABILITY OR OTHER) FROM ANY AND ALL DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL RESULTING FROM OR IN ANY MANNER RELATED TO THE ACCESS TO OR USE OF THE SITE AND TO ANY AREA THEREOF, INCLUDING LIABIITY BASED ON ANY VIRUS THAT MAY INVADE YOUR COMPUTER SYSTEM.
IN NO CASE WILL CHELLO OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR DAMAGES OF ANY OTHER TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR BENEFITS DERIVED FROM OR THAT MAY BE RELATED TO: (I) THE USE OF THE SITE, ANY AREA THEREOF OR OF LINKED SITES; (II) THE DELAY OR INABILITY TO USE THE SITE, ANY AREA THEREOF, OR ANY LINKED SITE; (III) THE DELIVERY OR INABILITY TO DELIVER THE SERVICES THROUGH THE SITE OR ANY AREA THEREOF; (IV) THOSE CAUSED BY VIRUSES AND BY SYSTEM ATTACKS; OR (V) FROM ANY INFORMATION, DATA, PRODUCTS AND GRAPHICS RELATED TO OR OBTAINED FROM THE SITE, OR ACCESSED IN ANY MANNER RELATED TO THE USE OF THE SITE REGARDLESS OF WHETHER THE CLAIM IS CONTRACTUAL, IN TORT, BASED ON NEGLIGENCE, WILLFUL ACTS OR OF ANY OTHER TYPE AND REGARDLESS OF WHETHER CHELLO, ITS RELATED ENTITIES OR ANY OF ITS THIRD PARTY SERVICE PROVDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH THE CONTENTS OF THE SITE OR OF ANY AREA THEREOF, OR WITH ANY OF THE CONDITIONS FOR ITS USE, YOUR ONLY AND EXCLUSIVE REMEDY WILL BE TO CEASE USING THE SITE AND ANY LINKED SITES.
You recognize and accept that the contents of the Site including, among others, text, software, music, sounds, pictures, videos, graphics or other materials whether in advertisements of Chello, its related entities, or of third party sponsors, or in electronically distributed commercial information that is presented to you through the Site, or of the advertisers of Chello, or of other content providers, is protected by copyright, trademark, patent or other intellectual property rights as well as by applicable law. You may make a copy of said contents exclusively for your own, use as long as you keep intact all notices regarding copyrights or other types of intellectual property. You shall not modify copy, reproduce, publish, disclose, transmit, decompile, reverse engineer, or distribute any type of contents available through the Site and its related sites.
Chello reserves the right to at any time modify the Terms and Conditions for the use of the Site or of any part thereof and to notify you those changes from time to time by publication of an updated version of these Terms and Conditions on the Site without additional notice or in any other manner permitted by applicable law. You are responsible for periodically reviewing the Terms and Conditions. The use of the Site constitutes your consent to any changes to these Terms and Conditions. In addition, Chello reserves the right to update, modify, or withdraw the information contained in the Site, and to limit or restrict the access to said information all without prior notice. Likewise, Chello reserves the right to, at any time and at its absolute discretion, to discontinue the Site, and to restrict, limit, or block the access to the Site including, without limitation, in the event of technical difficulties that, in Chello’s sole discretion, may decrease or impair the security standard levels adopted for the proper functioning of the Site or of any area thereof.
Except as otherwise provided, all Chello information, images, logos, texts, screens, menus, charts, and designs, data, databases, HTML codes, JavaScripts, VBScripts, and any other literary or graphic content on the Site (“Intellectual Property”) are owned by Chello, its related entities or Chello’s third party service providers. Chello, its related entities and each of its third party service providers reserve all rights of ownership of all Intellectual Property, and no part of it may be downloaded, except for the use of client-server transactions such as the use of the Site, reproduced, recorded on a computer hard disk (including portable disks, CDs, Zip and other portable storage devices), modified, published, displayed, sold, used to create a derivative work or transmitted or distributed in any form or by any means, electronic or otherwise, without Chello’s express written consent. Chello, Chello.bank, and all of their respective logos are trademarks and/or service marks owned by Chello and/or its related entities and may not be used or displayed in any manner by others without Chello’s prior written permission. All other trademarks, service marks, or trade names related to the aforementioned brands or to any content of the Site, are owned by Chello or its related entities and may not be used or displayed in any manner by others without Chello’s written permission.
Any communication related to these Terms and Conditions or to the use of the Site shall be sent via the Site’s “Talk to Us” feature if you are a Chello customer. Please remember to include your name, your company’s name and account number. Any message sent to Chello shall be deemed received by Chello at the time that you receive a reply message from Chello confirming receipt of your message. All other notices or communications will not become effective until Chello receives them.
These Terms and Conditions are governed by the laws of North Carolina. You recognize, accept and agree that the courts of the North Carolina will have exclusive and personal jurisdiction to resolve any matter or dispute that may arise concerning the validity, effectiveness, interpretation, or performance of, or the legal relationships established by these Terms and Conditions or otherwise arising in relation to the use of the Site, and for those purposes irrevocably submit to the jurisdiction of the courts of North Carolina. The use of the Site is prohibited in all those jurisdictions in which the effectiveness of these Terms and Conditions is not recognized. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Performance of these Terms and Conditions by Chello is subject to the laws in effect and to applicable legal procedures; provided that, nothing herein limits the right of Chello or its related entities to comply with any administrative, court or legal procedures regarding your use of the Site or of the information provided or compiled by Chello, its related entities or by its third party service providers in relation to said use. If any of these Terms and Conditions are declared void or unenforceable according to applicable law, including, without limitation, the disclaimers of warranty or limitation of liability provisions above, said provisions will be deemed replaced, to the extent possible, with valid and enforceable provisions that most resemble the purpose of the original provision, and the remaining provisions will continue in full force and effect. A print version of these Terms and Conditions and of any communication given electronically will be admissible in judicial and administrative procedures based on or related to them.
