WEB SITE, MOBILE BANKING PROGRAM, AND OPENSKY MOBILE APPLICATION TERMS AND CONDITIONS

Please carefully read these terms and conditions. Your access to this Web site, any of its pages, the OpenSky mobile banking program and/or the OpenSky mobile application constitutes your agreement to be bound by the following terms and conditions. If you do not agree to the following terms and conditions, do not access this Web site or any of its pages. By using the Web site, the mobile banking program and/or the OpenSky mobile application, you are agreeing to the terms and conditions presented here and certifying that you either are the account holder on the specified account or you have the account holder’s permission to use the account. You also certify that you are 18 years old or older (21 years or older if a resident of Puerto Rico) and capable of entering into a legally binding agreement. By using Web site pages and portions of the OpenSky mobile application that request such information, you certify that you have provided correct age and user information, and that you are not violating any laws by using the Web site or mobile banking program and/or the OpenSky mobile application.

USE OF INFORMATION AND MATERIALS.

The information and materials contained in this Web site, including the OpenSky mobile banking program and the OpenSky mobile application, and the terms, conditions and descriptions that appear on these pages, are subject to change without notice. You are responsible for regularly reviewing these terms and conditions. The site and the products and services described herein are available to United States residents only and in accordance with applicable law. Except as may be required by applicable law, any information that you transmit to us using the Web site, the mobile banking program and/or the OpenSky mobile application will be subject to Capital Bank, N.A.’s privacy policy. We may use the transmitted information for any purpose, consistent with the provisions of our privacy policy. Additional terms and conditions may apply to your use of the OpenSky mobile application, including any terms and conditions set forth or established by your wireless carrier or internet service provider or by the platform via which you access the OpenSky mobile application. You are responsible for regularly reviewing any such additional terms and conditions.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

YOUR USE OF THE OPENSKY MOBILE APPLICATION IS AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE BANKING APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. OPENSKY AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION AT ANY TIME. OpenSky®, a division of Capital Bank, N.A. (OpenSky) AND ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY, RELIABILITY, CONTENT, QUALITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE, MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION, INCLUDING (WITHOUT LIMITATION) THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, CONTENT, LINKS, CALCULATORS, GRAPHICS, COMPUTER PROGRAMS AND INTERFACES CONTAINED THEREIN, ALL OF WHICH ARE PROVIDED "AS IS, WITH ALL FAULTS, INCLUDING, BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS." THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE AND MOBILE BANKING PROGRAM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. OPENSKY AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE OPENSKY MOBILE APPLICATION, AND/OR THE TERMS, CONDITIONS, AND NOTICES UNDER WHICH THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION IS OFFERED, AT ANY TIME. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUSES. IN NO EVENT SHALL OpenSky OR ITS AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR IN ANY WAY RELATING TO ANY PERSON'S USE OF OR INABILITY TO USE THIS WEB SITE, MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION OR ANY PART THEREOF OR ARISING OUT OF OR IN CONNECTION WITH THE COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THIS WEB SITE OR THE MOBILE BANKING PROGRAM OR THE OPENSKY MOBILE APPLICATION AND THE INFORMATION CONTAINED AT THIS SITE OR ANY LINKED SITE, INCLUDING (WITHOUT LIMITATION) LOSS OF DATA, USE OR PROFITS, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OpenSky OR ITS AFFILIATES OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST OPENSKY AND/OR CAPITAL BANK, N.A., RELATING TO OR ARISING OUT OF YOUR USE OF THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY AND PROPERTY DAMAGE CLAIMS, BUT NOT INCLUDING CLAIMS FOR INTENTIONAL, WILLFUL, OR WANTON CONDUCT BY OPENSKY OR CAPITAL BANK, N.A. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LINKS TO NON-OpenSky INTERNET SITES FROM THIS WEB SITE ARE MADE AT YOUR OWN RISK. YOU SHOULD BE AWARE THAT OpenSky HAS NO CONTROL OVER, AND DOES NOT ENDORSE OR WARRANT, THE CONTENT, PRODUCTS, SERVICES, OR RECOMMENDATIONS THAT MAY BE OFFERED ON ANY SUCH LINKED SITE; THAT OpenSky IS NOT RESPONSIBLE FOR THE PERFORMANCE OR ANY FAILURE TO PERFORM OF ANY SUCH CONTENT, PRODUCTS, OR SERVICES; AND THAT THE PRIVACY AND SECURITY POLICIES OF THE OWNER OR OPERATOR OF ANY SUCH LINKED SITE MAY DIFFER FROM THE PRIVACY AND SECURITY POLICIES OF OpenSky.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION, OR ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE, THE MOBILE BANKING PROGRAM AND/OR THE OPENSKY MOBILE APPLICATION.

The calculators contained in this site are provided for convenience of reference only, and neither OpenSky nor its affiliates makes any representation or warranty concerning the accuracy or performance of such calculators. Users should be aware that use of the calculators does not guarantee the availability of any particular interest rate on any product described herein.

COPYRIGHT, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY

OpenSky is a registered service mark of Capital Bank, N.A. Certain other trademarks and service marks owned by OpenSky or its affiliates may be contained in this Web site, the mobile banking program and/or the OpenSky mobile application; all other marks contained herein are the property of their respective mark owners. The content available through the Web site, the mobile banking program and/or the OpenSky mobile application is the property of OpenSky, Capital Bank, N.A. and/or its or their related service providers and is protected by copyright and other intellectual property laws. Nothing contained on or within the Web site, the mobile banking program and/or the OpenSky mobile application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use a trademark, trade dress, or registered trademark displayed on the Web site, mobile banking program and/or the OpenSky mobile application without the written permission of OpenSky or such third party that may own the trademark, trade dress, or registered trademark displayed on the Web site, the mobile banking program and/or the OpenSky mobile application. Your misuse of the trademarks, trade dress, or registered trademarks displayed on the Web site, mobile banking program and/or the OpenSky mobile application is strictly prohibited.

The copyright in this Web site, its contents, including (without limitation) all graphics, text, and computer programs contained therein, the underlying code, the pages displaying this Web site and the arrangement of the Web site, is owned by OpenSky unless otherwise indicated. Unless otherwise indicated, you may not copy, modify, sell, distribute, display, publicly perform, transmit, retransmit, broadcast, circulate, use or sublicense any content or materials on this Web site without OpenSky's prior written consent. All proprietary notices and copyright information on this Web site must be observed and followed.

COPYRIGHT © 2018 Capital Bank, N.A. ALL RIGHTS RESERVED.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.

Unless otherwise specified, the Web site, the mobile banking program and the OpenSky mobile application are each for your personal and non-commercial use. You may not link to, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web site, the mobile banking program and/or the OpenSky mobile application.

NO UNLAWFUL OR PROHIBITED USE

As a condition of use of the Web site, the mobile banking program and the OpenSky mobile application, you warrant that you will not use the Web site, the mobile banking program or the OpenSky mobile application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web site, the mobile banking program or the OpenSky mobile application in any manner that could damage, disable, overburden, or impair the Web site, the mobile banking program or the OpenSky mobile application and its servers or interfere with any other party's use or enjoyment of the Web site, the mobile banking program or the OpenSky mobile application. You may not obtain or attempt to obtain any materials or information from OpenSky through any means not intentionally made available or provided for through the Web site, the mobile banking program or the OpenSky mobile application.

TERMINATION OF ACCESS

OpenSky reserves the right, in its sole discretion, to terminate your access to the Web site, the mobile banking program and/or the OpenSky mobile application and the related services or any portion thereof at any time, without notice.

GENERAL

Any information submitted to OpenSky or its affiliates via this Web site shall become and remain the property of OpenSky and its affiliates. OpenSky and its affiliates shall be free to use such information and any idea, concepts, know-how or techniques contained in that information for any purpose. OpenSky shall not be subject to any obligations of confidentiality regarding such information, except as required by law or as set forth in the privacy practices or policies applicable to your relationship with us. Users should be aware that information sent by e-mail may not be secure and may be intercepted by third parties. Please do not use e-mail to send OpenSky any confidential information or information which will need immediate attention. Confidential information and matters needing immediate attention may be addressed by calling us at 800-859-6412.

OpenSky reserves the right to seek all remedies available at law or in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to this Web site. Unauthorized use of OpenSky's Web site, including but not limited to unauthorized entry into OpenSky's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. You agree to indemnify, defend and hold harmless OpenSky and its affiliates from any liability, loss, claim or expense, including attorney's fees, related to your violation of these terms and conditions or your use of the services and information provided at this Web site.

Any rights not expressly granted herein to you are reserved to OpenSky.

GOVERNING LAW

Use of this Web site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Maryland. You hereby consent to the exclusive jurisdiction and venue of courts for Rockville, Maryland in all disputes arising out of or relating in any way to the use of the Web site, the mobile banking program and/or the OpenSky mobile application. OpenSky incorporates by reference all applicable sections of its cardholder agreement relating to governing law, venue, and arbitration as if fully set forth herein. Use of the Web site, the mobile banking program and the OpenSky mobile application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenSky as a result of this agreement or use of the Web site, the mobile banking program and/or the OpenSky mobile application. OpenSky's performance of this agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of OpenSky's right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the web site, the mobile banking program and/or the OpenSky mobile application or information provided to or gathered by OpenSky with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OpenSky with respect to the Web site, the mobile banking program and/or the OpenSky mobile application and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OpenSky with respect to the web site, the mobile banking program or the OpenSky mobile application. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.