Terms & Conditions 2020

Craft Bank Terms & Conditions 2020
 
 
THE FOLLOWING TERMS OF USE GOVERN THE USE OF THIS WEBSITE. BY ACCESSING THE WEBSITE OR ANY OF ITS PAGES OR LINKS YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS OF USE.

Effective Date: September 14, 2020

You are currently viewing the www.craft.bank Web page or a page of a related website belonging to Craft Bank (the “Website”). Craft Bank (“Craft,” “we” or “our") maintains this Website for itself. This Website and any of the services provided by Craft in connection with this Website (the “Services”) are being provided to you expressly subject to these Terms of Use, which govern your use, and our collection, processing, transfer and storage of data from visitors to the Website. These Terms of Use apply only to the data collected on the Website and not to other data collected or processed by Craft. “Services” under these Terms of Use include financial services for consumers and businesses offered to you directly by Craft and additional services available to you from independent third-party service providers accessed through links or other navigation from the Website. Your use of the Services is governed by certain agreements related to such Services and related addendums (collectively, the “Service Agreements”). If there is a conflict between these Terms of Use and the Service Agreements, such agreements will control. Craft reserves the right to modify these Terms of Use at any time without notice. The most current version of the Terms of Use will always be available to you by clicking on the “Terms of Use” link at the bottom of each Web page. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By accessing the Website or any of its pages or links after the date of any change to these Terms of Use, you agree to be bound by the rules contained in the most recent version of these Terms of Use. Your use of the Website or Services is subject to our Privacy Policy, which can be found at www.craft.bank/about. By accessing or using the Website or Services, you understand and agree that Craft may collect and retain personal or other information about you or the device you use to access the Website or Services.
 
If you are enrolled in Craft Online Banking
• Your use of the Online Banking Services is governed by certain agreements related to such Services and related addendums (collectively, the “Online Banking Agreements”), and
• If there is a conflict between these Terms of Use and the Online Banking Agreements, such agreements will control. Craft reserves the right to modify or terminate the Services and the Website or to terminate or suspend your access to the Services and Website, in whole or in part, at any time.
 
INTELLECTUAL PROPERTY NOTICES – COPYRIGHTS, TRADEMARKS, AND RESTRICTIONS ON USE
All of the pages and screens on the Website are owned and controlled by Craft, except as otherwise expressly stated, and are protected by U.S. copyright laws. The copyrighted materials on the Website include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Website. You are authorized to view the information available on the Website for your informational purposes only. You may
download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Website for any commercial or public purpose without Craft’s prior written consent. “Craft Bank,” and the Craft Bank symbol and design are federally registered trademarks owned by Craft. Other featured words used on the Website to identify the source of goods and services are trademarks and service marks owned by Craft or owned by third parties. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Website except as authorized in this paragraph. You may not use any of the Craft trademarks as a link to the Website except pursuant to a written trademark license agreement. All references on Craft’s Website to the corporate names, trade names, trademarks, and service marks of third parties are intended to accurately identify such parties as the sources of specific products and services. In many instances, the referenced names and marks are the subject of federal, state and international registrations. Craft makes no claim of any interest or license under any such names and marks of other parties identified in this Website, and Craft acknowledges the proprietary rights of such other parties to their identified names and marks. Craft’s use of such names and marks is only for purposes of proper identification, and there is no intention on the part of Craft to improperly use or dilute the proprietary rights of the owners and authorized users of such names and marks.

LINKS TO OTHER WEBSITES AND ADVERTISERS
For your convenience, this Website contains links to websites controlled or operated by third parties, including advertisements from companies linking to their own website. Craft has no control over any such third-party websites and is not responsible for the subject matter, quality, content, nature, graphics, or reliability of any site linked to this Website and provides links to such sites only as a convenience. Thus, links to other internet websites or resources are used at your own risk. Craft hereby disclaims liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and Terms of Use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Craft. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider. Prior to providing any personal information on any linked third-party website you should make sure the site is using a secure server to encrypt the information or transaction and that you are using a secure Web browser. Please contact us with any concerns or comments about such third-party websites.
 
WEB CONTENT AND MATERIALS
Not all of the Services are available in all geographic areas. You may not be eligible for all the Services described on this Website. Your eligibility for Services is subject to our final determination and acceptance. Craft may discontinue or make changes in the Services at any time. Any dated information is published as of its date only. Craft reserves the right to terminate or change any or all Web offerings without prior notice to you.

CRAFT OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND CRAFT DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CRAFT RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB OFFERINGS WITHOUT PRIOR NOTICE TO THE USER. COMMUNICATIONS VIA THIS WEBSITE
Except where expressly indicated otherwise, transmissions to and from this Website or otherwise directed to Craft, including e-mails, are not sent in a secure form and can be intercepted by third parties and may not ultimately be received by the appropriate Craft representatives. Please do not use e-mail to send us communications which contain confidential information or email us information that we otherwise require to be in writing or regarding matters that need immediate attention. In such circumstances, rather than email, please call us at one of the numbers provided in this Website. Any transmission to this Website, including emails, shall be deemed and remain the property of Craft. Craft shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques that you provide to us through this Website or through Craft Online Banking.
 
SECURITIES LAW AND OTHER DISCLOSURES
The information herein is not an offer to sell, or to solicit an offer to purchase any securities by anyone in any jurisdiction in which such offer or solicitation is not authorized, or in which Craft or the person making such an offer is not qualified to do so, or to anyone to whom it is unlawful to make such an offer or solicitation, or to anyone in any jurisdiction outside of the United States. Investment products and services, including, but not limited to securities (including mutual funds) and annuities, are (i) not bank deposits and are not FDIC insured, (ii) not obligations of or guaranteed by Craft and (iii) products that involve investment risks, including the possible loss of the principal amount invested.
 
INFORMATION COLLECTED THROUGH THE WEBSITE
Craft collects information from Website visitors and obtains information from third parties (including from service providers) in the course of providing our mortgage and loan origination services which we may add to the data we obtain through the Website. The information collected through the Website includes:
• Personal and Loan-related Information. You may provide us information about you, which may include personal information and information relating to or necessary for the initiation, processing, or completion of certain financial transactions, including the issuance of loans.
• Transactional Information. We may also create transactional records of each of the transactions or other events occurring through the Website. This transactional information is generally collected (i) to enable our Services, including loan document creation, origination, management, and distribution, (ii) to enable the services provided by third parties (including determinations regarding qualification for loans or the interest rates to be applied to loans), and (iii) to enable Craft Bank to comply with various legal obligations.
• Device and Usage Information. Like most online services, the Website collects standard technical, non-personal information when you use it, including internet protocol (IP) addresses, browser types, internet service providers (ISPs), the pages and content you view or interact with on the Website, the information you search for, and the dates and times that you visit the Website.
• Cookies and Other Technologies. The Website collects certain information through the use of “cookies” and other tracking technologies. Cookies are small files that your browser places on your computer. We may use session cookies, persistent cookies, and other tracking technologies to better understand how you interact with the Website, to monitor usage by our users and web traffic routing on our services, and to improve and personalize the Website. Many Internet browsers automatically accept cookies. You may be able to instruct your browser to stop accepting cookies or to prompt you before accepting cookies from the websites you visit. Google provides some additional privacy options relating to Google analytics, described at www.google.com/policies/privacy/partners/. We do not respond to “do not track” browser signals at this time. We may also use web beacons, which are transparent graphic images on a webpage or within the body of one of our marketing emails, to allow us to measure visitor actions and assess the effectiveness of our email marketing campaigns. For example, we use web beacons in our email marketing to track instances where a user clicks through a link in the email.
 
HOW WE USE INFORMATION
We and service providers working on our behalf use information collected on the Website in a variety of ways intended to provide the Website and Services and to operate our business, including the following:
• To Provide our Services. We use the information that we collect (i) to operate, maintain, enhance and provide the Website and our Services, (ii) to provide other services and information that you request, and (iii) to provide customer support to you and other parties.
• To Improve, Analyze, and Personalize the Website and Services. We use the information that we collect to understand and analyze usage trends and preferences; to monitor and analyze the effectiveness of the Website and Services; to improve the Website and Services and develop new products, services, features, and functionality; and to personalize the Website and Services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you use the Website, or providing customized content and information. •
• To Contact You. We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including marketing or promotional communications, relating to the Website and Services. Generally, you have the ability to opt out of receiving promotional communications as described below. •
• Aggregate Data. We aggregate data collected through the Website and use it for purposes such as creating and sharing reports about the use of our products and services, including users’ interests, usage patterns, and trends.
• Advertising. We may use non-identifiable information that you provide or that we collect to improve or tailor the effectiveness of advertising on the Website and to provide advertisements and other content that is tailored to you.
 
HOW WE SHARE INFORMATION
We may share, transfer, or disclose your information if you consent to us doing so, as well as in the following circumstances:
• To Service Providers. We work with third party service providers to provide services including loan or transaction processing or administration; Website hosting and other similar services, development, and maintenance; advertising and marketing services; and other services related to the Website and Services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information. These service providers are not permitted to use information we share that might identify you for any purpose other than to provide services to Craft or to you.
• In Aggregate Form. We may make certain aggregated non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, usage patterns, and borrowing and loan origination trends. •
• Compliance with Laws and Law Enforcement; Protection of Our Rights. We may disclose your information (including your personal information) to a third party if (a) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (b) to enforce our agreements, policies and terms of service, (c) to protect the security or integrity of the Website or Services, (d) to protect the property, rights, and safety of Craft Bank, our users or the public from harm or illegal activities, (e) to respond to an emergency which we believe in the good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person, or (f) to investigate and defend ourselves against any third-party claims or allegations.
• In Significant Business Transactions. Your information, including personal information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

OUR POLICY CONCERNING CHILDREN
The Website is not directed to children under 13, and we do not knowingly collect any personal information from children under the age of 13 through the Website. If we become aware that a child under 13 has provided us with personal information through the Website, we will take steps to delete such information.
 
DISCLAIMER; NO WARRANTY; LIMITATION OF LIABILITY
THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, IF ANY.
YOU ACKNOWLEDGE THAT NEITHER CRAFT NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE WEBSITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE WEBSITE. CRAFT DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS OF USE OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT CRAFT IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE WEBSITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CRAFT WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL, PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF THE USE OF THIS WEBSITE AND SERVICES, THE INSTALLATION OR USE OF ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM; EVEN IF CRAFT IS AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
GOVERNING LAW AND VENUE

Craft Bank, a banking corporation chartered under the laws of the State of Georgia, maintains this Website for itself and for certain affiliates. Accordingly, your general use of this Website is subject to the terms and conditions herein which shall be interpreted according to Georgia law, without regard to its conflict of law provisions, and to the laws of the United States, except where otherwise provided in any of the agreement or addendums governing the Services referenced in this Website.
 
SEVERABILITY; NO WAIVER
To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, shall continue in full force and effect. No waiver by Craft of any right under or term or condition of these Terms of Use will be deemed a continuing waiver of such right, term or condition or a waiver of any other right, term
 
REGISTRATION INFORMATION
You may be invited to register at the Website to help us tailor the Service for your personal and business financial needs and to alert you of other products and services for you or your business. In registering for the Service, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you or your business may be created based on the registration information that you provide.
 
FEEDBACK
You agree that any and all suggestions, comments, and feedback that you submit at or via this Website in connection with any Craft products and services (“Feedback”) shall be deemed to be non-confidential. Craft shall have no obligation to keep such Feedback confidential, except as otherwise specifically agreed or required by law. Craft also shall be free to use or exploit in any way and for any purpose any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
 
ACCESS CODE FOR ONLINE APPLICATIONS
In connection with online applications for certain Craft products or services (such as, but not limited to, credit card applications or mortgage loans) available via the Website, Craft may send you a unique access code or other token to help you complete, review, or track your applications. Such access code or token is intended to be only used by you and you must not share it with anyone.
 
PERMITTED USE
Except as expressly provided below, no part of the information or other content on this Website may be redistributed, copied, reproduced, or otherwise used without prior written consent of Craft. Notwithstanding the above restriction, financial publications (i.e., publishers of, or writers for magazines, newspapers and other printed materials related in whole or in part to the financial services and banking industry) may download a copy of the
biographical information, including all text and photographs, of the members of the Craft executive management team, or board of directors members displayed on this Website (the “Biographical Content”). Financial publications may download the Biographical Content solely for the purpose of displaying the Biographical Content in the financial publication. The Biographical Content is provided as is, may not be altered or modified in any way, and must be used in its entirety with respect to each individual. This is a license only and not a transfer of title to any of the Biographical Content. Craft owns all rights in and to the Biographical Content. As a condition of this license, the individual or entity downloading the Biographical Content consents to Craft’s approval or disapproval of any use thereof that Craft finds objectionable, in its sole discretion. Craft reserves the right, in its sole discretion, to terminate access to any or all of the Biographical Content or any portion thereof, at any time, by providing written notice (i.e., whether by mail, courier, hand delivery or electronic delivery) to the financial publication. Upon receipt of such notice, the financial publication shall immediately cease all downloading and other use of the Biographical Content, destroy all copies (i.e., whether printed or electronic, and whether partial or whole) of the Biographical Content and all publications containing such Biographical Content, and if requested by Craft, print a retraction in the financial publication and take any other corrective actions requested by Craft in its sole discretion. The individual or entity downloading the Biographical Content agrees it will not be used in connection with content that is libelous or otherwise unlawful, abusive, immoral, vulgar, obscene or threatening material, or content that will constitute or encourage conduct that would be considered criminal. Such individual or entity shall remain solely responsible for the content of any publication containing the Biographical Content of any individual, and, as a condition of the license granted herein, and as partial consideration therefore, shall indemnify, defend and hold harmless, Craft and its affiliates, and the officers, directors, employees, agents and representatives of any of the foregoing but not limited to all Craft officers, directors, employees, and agents) for any claim based on such content.
 
SECURITY
Craft has certain measures in place to maintain the security, confidentiality and integrity of the information gathered through the Website, and to help protect against the loss, misuse, and alteration of such information. While we take measures to protect your personal information against security breaches and unauthorized access, we cannot guarantee that our safeguards will be effective all of the time against all security threats.
 
HOW TO ACCESS AND UPDATE YOUR INFORMATION
You can access and update the information that you have provided to us as follows: • If you are a Craft customer, you can access and update certain personal information in connection with your account or application by logging into your account online.
You may contact us at www.info@craft.bank and request to review, amend or delete certain personal information collected by us.
Please note that we may not be able to delete all information we collect through the Website.

You may opt-out of receiving marketing emails at any time by following the steps to “unsubscribe” described in the footer of our marketing emails. Your opt-out will become effective in 10 days or less.
 
CONTACT US
If you have any questions, comments or concerns regarding the Terms of Use or Privacy Notice and/or practices, please send an email to: www.info@craft.bank. Craft Bank, 1575 Northside Dr., Bldg. 100, Suite 200, Atlanta, GA 30318.