Terms of Use

Welcome to the Capital Bank website. Please review these "Terms of Use" (the "Terms") and note that your access and use of our website constitute your consent to the Terms and your agreement to be legally bound by them. There may be additional or different terms and conditions stated elsewhere in this website that apply to your access and use of this site, particularly with respect to your financial privacy rights. These Terms govern this site and any sites of affiliates of Capital Bank that are linked to this site (collectively, the "Site"). Unless otherwise stated herein, any reference to "Capital Bank" refers to Capital Bank Corporation and all of its affiliates and subsidiaries.

Capital Bank may modify these Terms at any time. Any modifications made to these Terms will be effective immediately upon posting on the Site. By accessing or using this Site, you agree to be bound by all of the Terms as posted on the website at the time of your access or use. You agree to review the Terms posted on the website each time you use the website so that you are aware of any modifications made to these Terms. If you do not agree to these Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms will constitute breach of contract and may violate Capital Bank's copyright, trademark, and/or other proprietary and/or intellectual property rights.

Collection of Information

Capital Bank is sensitive to privacy issues with respect to the use of information that visitors to the Site provide to us over the Internet. Generally, you can visit this website without telling us who you are or revealing personal information about yourself.

Capital Bank may obtain your personal information when you voluntarily submit it to us by email. For more information about Capital Bank's privacy policies, please refer to the link on the home page of this website entitled "Privacy."

Our web servers do collect general information that does not identify you personally. We do this by placing a small text file called a "cookie" on your computer's hard drive. We aggregate, evaluate and use this information to improve the Site and business and may provide it to third parties. We may use cookies or IP addresses to analyze trends, administer our website, track customer site navigation and gather broad demographic information for aggregated use. We only allow authorized Capital Bank personnel and authorized third parties to have access to the web server logs and cookie utilization data, and those employees and third parties are required to comply with Capital Bank's confidentiality and security policies and procedures.

There are a few areas of the Site where you may choose to submit personal information. You also may choose to complete surveys and registration forms in various locations on our website. We may use this information to improve the content of the Site (the "Content"), to answer questions, to notify you about updates to the Site, and to contact you for marketing purposes. Unless you give us your permission, however, we will not share with anyone outside of Capital Bank, its affiliates or third parties processing information for Capital Bank, any personal information you provide to us in this manner.

Capital Bank does not want you to send via the Site, and you should not send via the Site, unsolicited ideas, suggestions, or materials relating to the development, design, or marketing of Capital Bank's services and products. You agree that any such information or materials that you or individuals acting on your behalf communicate, submit, or provide to Capital Bank, including but not limited to feedback, data, questions, comments, product or service ideas, know-how, or suggestions, will not be considered confidential or proprietary, even if such information is labeled as "Confidential" or "Proprietary." All such communications and submissions shall be deemed the property of Capital Bank, and your submission of such information shall constitute your assignment to Capital Bank of all worldwide rights, title and interest in and to such information. Capital Bank will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute such information to others without limitation and without liability. Capital Bank will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing products or services that incorporate or otherwise embody such information, without providing any notice, compensation or attribution to you. Capital Bank welcomes your comments and suggestions on the Site and its services, but Capital Bank does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.

Data Security Systems

We use data security systems and procedures to protect the privacy of personal information you provide to us. (For more information about Capital Bank's security systems and policies, please refer to the link on the home page of this website entitled "Security.") Further, unauthorized use of this Site or unauthorized entry into Capital Bank's systems, misuse of passwords, or misuse of any information contained within the Site is strictly prohibited. However, no security system is perfect, and we cannot guarantee that personal information you provide to us will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Additionally, we may be required to provide your personal information in response to a subpoena or other legal process.

Copyright and Trademarks

1. Copyright. Capital Bank owns the Site and owns or has rights to use all of the Content on the Site, including without limitation all text, images, graphics, photographs, video clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data and other materials, and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Site, all of which are protected by copyright. You may use the Content only for limited personal, noncommercial, informational purposes, and may, subject to any expressly stated restrictions or limitations relating to specific material, print out a single copy of the Content solely for those purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, for any purpose without the prior express written consent of Capital Bank. Additionally, framing pages or parts of pages on the Site and deep linking to pages in our Site are prohibited.
2. Trademarks. All trademarks, service marks, or trade names on the Site, including "CAPITAL BANK" and the "CB" logo, are owned or licensed by Capital Bank or its affiliates, unless stated otherwise on the Site. They may not be used without Capital Bank's prior written permission. Capital Bank hereby grants a limited license to print media publishers only to use the trademarks and service marks found on the Site solely for the purpose of illustrating an article.
3. Rights of User. Except as expressly provided above, you are not being granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the Content, and nothing herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary, intellectual, or industrial right of Capital Bank, its affiliates, or any third party. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the Content. All of those rights are retained by Capital Bank, its affiliates and any third party owners of those rights.
4. Copyright Infringement Claims. If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed, (iii) identification of the material that is claimed to be infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements shall not be considered sufficient notice and shall not be deemed to confer upon Capital Bank actual knowledge of facts or circumstances from which infringing material or acts are evident. Written notice must be sent to: Capital Bank; 333 Fayetteville Street, Suite 700; Raleigh, NC; 27601; Attention: Legal.

References to Other Companies and Links to Other Websites

References that we make to names, marks, products or services of third parties or hypertext links to third-party websites do not constitute or imply our endorsement, sponsorship or recommendation of the third parties or their products, services or websites. With the exception of affiliate sites, we do not monitor or control the content of any website linked to or from our website, and we are not responsible for the content of those other websites or the terms of use or privacy practices of those sites. You may be asked to provide personal information in connection with activities on such third-party sites. Please be aware that we are not responsible for the data collection and use practices of these third-party sites. We encourage you to be aware when you leave the Capital Bank website and to read the privacy statements of each and every website that collects personal information. These Terms do not apply to third-party sites; they apply only to this Site.

Content and Liability Disclaimer

Content on the Site may include inaccuracies or typographical errors, and we are not responsible for any reliance you may place on the Content. Capital Bank may make changes to the Content and the products, services and programs described in the Content at any time without notice. Capital Bank disclaims any duty to update the Site or modify its Content, and Capital Bank shall not be liable for its failure to update such information. Capital Bank reserves the right to withdraw access to the Site at any time without notice.

Capital Bank does not operate, control, endorse, warrant or guarantee any information, products, or services that are not clearly identified as information, products, or services supplied by Capital Bank. Capital Bank also does not warrant or guarantee that the Site shall be error-free, virus-free, or uninterrupted. Capital Bank and our content providers cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data.

It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions. By using the Site, you acknowledge these restrictions and agree that you are not subject to them.

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR THE CONTENT ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR ABSENCE OF VIRUSES. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THE SITE. IN NO EVENT SHALL CAPITAL BANK OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES WHATSOEVER RELATING IN ANY WAY TO YOUR USE OF OR RELIANCE ON THE SITE OR THE CONTENT, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF CAPITAL BANK HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

Conflict Resolution

These Terms shall be governed by the laws of the State of North Carolina, excluding its conflicts of law principles. All actions and proceedings relating to the Site or the Content shall be commenced and heard exclusively in the state and federal courts for Wake County, North Carolina, and Capital Bank and you consent to the jurisdiction and venue of those courts.

The invalidity of any term, condition or provision of these Terms shall not affect the enforceability of the remaining portions of the Terms.