• Terms and Conditions

  • Agreement to Terms and Conditions

    By accessing this Web site, anyone who accesses this Web site ("you" and "your") agrees to be bound by these terms and conditions. First Niagara Financial Group, Inc. and its subsidiaries (individually "we," "us," "our" and "ours") may change these terms and conditions at any time by incorporating the change into these terms and conditions as they appear on this Web site. If you do not agree to these terms and conditions, you must not access this Web site. Your continued use of the Web site after any changes to these terms and conditions will be considered acceptance of those changes. Some of the Web pages on this Web site may provide services under their own terms and conditions of use and you agree to comply with such terms of use in the use of those services.

    Copyright

    Copyright in the pages of this Web site, the screens displaying the pages, the arrangement of the pages and screens and all information, material and other content available on this Web site is owned by or licensed to us unless otherwise indicated. You may display, download, print and otherwise use the information, material and other content for your own personal, noncommercial purposes. The information, material and other content may not be copied, displayed, distributed, downloaded, licensed, modified, printed, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for any public or commercial purpose without the express written permission of First Niagara Financial Group, Inc.

    Trademarks and Service Marks

    "First Niagara" and "First Niagara Financial Group" are service marks of First Niagara Financial Group, Inc. Other trademarks, service marks and logos (“Marks”) displayed on this Web site are property of ours and other parties. You are prohibited from using any Marks without the written permission of First Niagara Financial Group or such third party which may own the Marks.

    Information Subject to Change

    All information, material and other content available on this Web site (including, but not limited to, information concerning products and services described on this Web site and the terms and conditions applicable to the products and services) are subject to change at any time without any notice.

    Products and Services

    Not all products and services described on this Web site are necessarily available in all geographical areas, and the terms and conditions of the products and services may differ among geographical areas. Your eligibility for any particular product or service described on this Web site is subject to final determination by us.

    Links to Other Web Sites

    Any link on this Web site to any other Web site (a "linked Web site ") is provided for your convenience only and is used at your own risk. We have no control over and are not responsible for the accuracy, completeness, adequacy, timeliness or availability or any other aspect of any information, material or other content available on or through any linked Web site. We do not recommend, endorse or guarantee and are not responsible for any product or service described on any linked Web site. Any linked Web site may be less secure than this Web site. Our privacy and security policies do not apply to any linked Web site, and you must review the linked Web site's privacy and security policies to understand how your use of the linked Web site may affect you, particularly with respect to your providing personal and confidential information through the linked Web site.

    Tools and Calculators

    This Web site may contain tools or calculators as a service to you for educational purposes only. We do not guarantee the accuracy of these tools or calculators or the results and expressly disclaim liability for any damages arising out of the use of any tools or calculators.

    Information Sent to Us

    All information sent to us over the Internet, including information sent to us through this Web site, will be our property. Except as limited by our privacy policy, applicable law and any agreement between us and the person sending us the information, we will be free to use the information for any purpose and will not be subject to any obligation of confidentiality concerning the information. You agree that any personal information you provide to us through this Web site will be true, accurate and complete information and that you will update any such information to keep it accurate.

    Internet Electronic Mail

    Electronic mail sent over the internet other than through this Web site may be intercepted, lost or altered and must not be used to send personal or confidential information (such as an account number) to us.

    Not Intended for Use by Minors

    This Web site is not intended for use by minors.

    Improper or Illegal Activity Prohibited

    You will not use this Web site for any fraudulent, unauthorized, improper or illegal activity or in any manner which could damage, interrupt, impair or disable the Web site or interfere with any other party’s use of the Web site. You agree to comply with all applicable laws, statutes, rules and regulations regarding use of the Web site, including but not limited to, U.S. export laws and regulations. If we determine that your use of the Web site violates any term or condition relating to this Web site, we may suspend or terminate your access to this Web site without notice. Your access to this Web site may also be suspended if: (A) you do not follow security procedures; (B) any access device or code has been reported lost or stolen; or (C) when we believe that there is unusual activity on any of your accounts with us. You agree to cooperate with us to investigate any unauthorized use.

    Disclaimer of Warranties

    This web site, the information, materials and other content available on this web site (including, but not limited to, links to other web sites) and the products and services described on this web site are provided by us "as is," "as available" and, to the fullest extent permitted by applicable law, without any representation or warranty of any kind. Without limiting the preceding sentence, we do not make, except to the minimum extent required by applicable law, and we expressly disclaim, to the fullest extent permitted by applicable law, any express, implied, statutory or other warranty of any kind (including, but not limited to, any warranty with respect to title, non-infringement of any right of any third party, merchantability, quality, fitness for a particular purpose or error-free use) with respect to this web site, any information, material or other content available on this web site (including, but not limited to, any link to any other web site) or any product or service described on this web site.

    Limitation of Liability

    Except to the minimum extent required by applicable law, in no event will we be liable to you or anyone else for any liability, loss or damage (including, but not limited to, direct, indirect, consequential, incidental, special, punitive and exemplary damages), whether based in contract, tort (including, but not limited to, negligence) or strict liability or otherwise, arising out of or in any way connected with (a) your access to or use of, your inability to access or use or any difficulty in your accessing or using this web site or any linked web site, (b) your reliance on, use of or inability to use any information, material or other content available on or through this web site or any linked web site (including, but not limited to, any link to any other web site) or any product or service described on this web site or any linked web site, (c) the inaccuracy, incompleteness, inadequacy, untimeliness or unavailability or any other aspect of any information, material or other content available on or through this web site or any linked web site, (d) any computer virus or other contaminating or destructive property transmitted through this web site or any linked web site, (e) whether because of any failure, delay, interruption or defect with respect to any equipment or system or otherwise, any failure, delay, interruption, defect, error or omission in the operation of this web site or any linked website or in the transmission of any information, material or other content available on or through this web site or any linked web site or any information sent through this web site or any linked web site or (f) any incompatibility of this web site or any linked web site with any browser or other site accessing program, even if we have been advised of the possibility of such liability, loss or damage. In no event will we be liable to you or anyone else for any event or condition beyond our control.

    Indemnification

    You agree to indemnify, defend and hold harmless First Niagara Financial Group, its affiliates, subsidiaries, directors, officers and employees from and against any claims, losses, liability, cost and expenses (including attorneys’ fees) arising from a breach of the terms hereof by you, misuse of the Web site and for the content of any message sent using eMail. Your obligation under this section shall survive your termination of access to or use of this Web site.

    Unenforceability

    If any provision of these terms and conditions is ineffective under applicable law, it will be treated as changed to meet the minimum requirements of that law or, if it is not treated as changed to do so, it will be ineffective only to the minimum extent that it does not meet those minimum requirements, and the rest of the provision and the other provisions of these terms and conditions will remain effective.

    Governing Law

    This Web site is controlled by us from our offices in the State of New York. Your access to and use of this Web site is governed by the law of the State of New York and the federal law of the United States of America without regard to the law of any other jurisdiction.

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