TERMS & CONDITIONS

Terms and Conditions of Use

Welcome to the PlainsCapital Bank website. PlainsCapital Bank and its affiliates and subsidiaries (“PlainsCapital”) provide access to the products and materials (“Content”) contained in this website (this “Site”) as a service to our customers and visitors, subject to the following Terms and Conditions of Use (these “Terms”). Please read these Terms carefully. PlainsCapital reserves the right to modify these Terms at any time without notice, but the most current version of the Terms will always be available to you by clicking on the link at the bottom of this Site. By accessing this Site and any of its pages, you indicate your acknowledgement and acceptance of these Terms, and any amendments of these Terms set forth below without limitation or qualification. If you do not agree to these Terms, you are not authorized to use this Site or Content, and you should immediately discontinue any use of this Site or the Content.

Use of Site

You agree and understand that successful use of this Site will require access to the Internet, using compatible hardware, software and web browser, for which you are solely responsible for any associated fees for Internet access. You should use anti-virus software when accessing this Site. PlainsCapital is not responsible or liable for any computer virus or related problems that may be associated with your use of this Site or any of the Content. You are responsible for protecting the security of any passwords you use in connection with this Site and the security and integrity of any information you download from our Site. Use of this Site and its Content is at the user’s sole risk and is the user’s responsibility to verify any information before action is taken on it.

Copyright, Restrictions on Use, Trademarks

This Site is owned and maintained by PlainsCapital and is protected by U.S. copyright laws. The copyrighted materials on this Site include, but are not limited to, the audio, buttons, design, graphics, images, other icons, page headers, photographs, screens, software, sound recording, source code, text, web pages and the Content on this Site.

You are authorized to view the information available on this Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You may not alter, broadcast, commercially exploit, copy, display, distribute, download, frame, license, link to, reproduce, retransmit, sell, transfer, create derivative works of or republish all or any portion of this Site, in any form, for any commercial or public purposes without PlainsCapital’s prior written consent.

PlainsCapital Bank name and logos are federally registered trademarks owned by PlainsCapital. You may not use any of the PlainsCapital trademarks as a link to this Site except pursuant to a written trademark license agreement. Additionally, PlainsCapital retains all rights therein to our names and logos, service names, design marks and slogans as property of PlainsCapital and may not be copied, downloaded, or modified without PlainsCapital’s prior written consent.

Limitation of Liabilities; No Warranties

Information on this Site is provided “as is” without any warranty of any kind, either express or implied, as including but not limited to the accuracy, completeness, fitness for a particular purpose, merchantability, non-infringement of intellectual property, quality, timeliness, and title on this Site. Use of this Site and its Content is at the user’s sole risk and is the user’s responsibility to verify any information before action is taken on it.

PlainsCapital will not be liable to you or any third party for any harms, injuries or claims, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting from (i) the use of or the inability to use this Site, (ii) the cost of obtaining substitute goods and services resulting from any products, data, information or services purchased or obtained, or messages received, or transactions entered into, through or from this Site, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any other person using or accessing our site, (v) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, and/or (vi) any other matter relating to this Site or your use thereof.

Marketing

By using this Site, you agree that we may market our services and the services of other companies on this Site through the use of banner ads, “hyper-links”, and other similar marketing devices.

Internet Advertising

PlainsCapital will comply with the provisions expressed under the Federal Trade Commission Act by ensuring that all Site:

1. Advertisements are truthful and non-deceptive;
2. Advertisements are substantiated; and
3. Advertisements are not considered unfair.

Comparative Advertising

When used, comparative advertising will be presented in a truthful manner.

Credit Advertising

To comply with the Truth in Lending Act and other federal and state laws, ads for consumer credit will include certain disclosures about the terms and conditions of credit. These laws specifically require the disclosures to be “clear and conspicuous” so that reasonable consumers can read and understand the information.

Disclaimer or Disclosure Prominence

When the disclosure of qualifying information is necessary to prevent an ad from being deceptive, the information will be presented clearly and conspicuously so that consumers can actually notice and understand it.

Links to Other Websites

PlainsCapital may, from time to time, provide a link to a third party website, but such a link is not an affiliation, authorization, endorsement, or sponsorship by PlainsCapital with respect to such website, its owners or its providers. PlainsCapital is providing these links only as a convenience to you. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In no event will PlainsCapital be liable to any party for any direct, indirect, special or other consequential damages for any use of any hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

This Site may contain links to websites controlled or offered by third parties (non-affiliates of PlainsCapital). PlainsCapital 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 website, you agree to read and adhere to the policies and terms of use applicable to that website. In addition, any advice, opinions, or recommendations provided by the linked website providers are those of the providers and not of PlainsCapital. Your participation in any linked website is based solely on the agreement, if any, between you and the linked website provider.

You agree that we may display advertisements and promotions of all kinds on this Site, and you agree not to disable any technology required or utilized to serve or display such advertising.

No website linking to this Site may frame or border this Site with the content of the linking website visible in the same window without PlainsCapital’s express written permission.

Privacy

We believe that protecting your privacy is an integral part of the customer service we provide to you. We understand the need to safeguard your information and records from unauthorized use and disclosures. Although Federal law requires us to tell you how we collect, use, share and protect your personal information, it also limits how we can use your personal information. Please see the PlainsCapital Privacy Policy on this Site for more information.

Feedback

Any comments or materials sent to PlainsCapital, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be the property of PlainsCapital. PlainsCapital’s use of the Feedback will be in compliance with the PlainsCapital Privacy Policy and all applicable laws. PlainsCapital shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, PlainsCapital shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

PlainsCapital cannot guarantee security of information transmitted over the Internet. Therefore, PlainsCapital suggests that you do not communicate confidential and private information over the Internet. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Site, or at any email address we have provided at our Site, will be treated as being non-confidential and nonproprietary as to you and we will be free to use the same or any information contained therein for any purpose whatsoever without paying any compensation to you, and the same shall be deemed our property upon receipt. Nothing herein shall be construed as limiting the responsibilities and obligations as set forth in the PlainsCapital Privacy Policy. You acknowledge and agree that we may monitor and keep a record of your use of our Site.

Notice to Investors

PLAINSCAPITAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR THE COMPLETENESS OF INFORMATION PROVIDED HEREIN WITH RESPECT TO THE SHARE PRICE OF PLAINSCAPITAL AND OTHER INVESTMENT-RELATED INFORMATION THAT MAY BE AVAILABLE BY HYPERLINK OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL PLAINSCAPITAL BE LIABLE FOR ANY LOSS OR DIRECT, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY RELIANCE ON THIS INFORMATION OR FOR THE RISKS OF THE STOCK MARKET.

Forward-Looking Statements

Information or statements provided by PlainsCapital from time to time at this Site or otherwise may contain certain “forward-looking statements”. Statements that are not historical facts, including statements about PlainsCapital’s beliefs and expectations, are forward-looking statements. Forward-looking statements include, but are not limited to, information relating to growth in earnings per share, returns on equity, growth in managed loans outstanding and customer accounts, net interest margins, funding costs, operations costs and employment growth, marketing expense, delinquencies and charge-offs, and other future events.

Such forward-looking statements may be identified by the use of terminology such as may, will, expect, anticipate, intend, plan, believe, estimate, goal, target, forecast, project, continue or similar expressions and may involve certain risks or uncertainties and are qualified in their entirety by the cautionary statements contained herein or referred to within this Site. These cautionary statements are being made pursuant to the provisions of the Private Securities Litigation Reform Act of 1995 (the Act) and with the intention of obtaining the benefits of the safe harbor provisions of the Act for any such forward-looking information.

Violations of These Terms

PlainsCapital reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to this Site.

You agree not to use our Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the rights of others. You also agree that your use of our Site is personal to you and that you will not resell or assign use of our Site or make any unauthorized commercial use of our Site.

Indemnification

To the maximum extent permitted by applicable law you agree to indemnify, protect and fully compensate PlainsCapital and our service providers and licensors from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of this site, your violation of these terms or your infringement of any intellectual property or other right of any person or entity.

Other Agreements

Different products, features and services available at or through this Site, and/or different pages or sections of this Site, may be subject to separate terms and conditions in addition to these Terms. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section. These Terms are not intended to affect or amend any agreement or contract between you and any PlainsCapital affiliate and/or subsidiary for the provision of a particular financial product or service, and our relationship with you as to such particular financial product or service shall be governed by the written terms of the agreement or contract contemplating such financial products or service. If you should link to or access a separate website maintained by any of the PlainsCapital affiliates and/or subsidiaries, you should review and will be subject to any terms and conditions applicable to the use of that particular website.

Miscellaneous

These Terms constitute the current, sole and entire agreement between you and PlainsCapital with respect to the use of this Site, and any and all prior “Terms of Use” with respect to the use of this Site are superseded by these Terms. You acknowledge and agree that no practice or course of dealing between you and any PlainsCapital company, nor any oral representations by any PlainsCapital representative, which vary these Terms shall constitute a modification or amendment of these Terms. No failure by PlainsCapital to exercise, and no delay by PlainsCapital in exercising, any right or remedy shall operate as a waiver thereof. If any provision of these Terms or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, such provision shall be deemed automatically reformed to the extent, and only to the extent necessary to render it valid and enforceable under applicable law; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from these Terms with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of these Terms continue in full force and effect to the fullest extent permitted by law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of laws provisions or your actual state or country of residence, and applicable federal law and regulations. For purposes of any action or proceeding arising out of these Terms, you expressly submit to the jurisdiction of all federal and state courts located in the State of Texas, and agree that PlainsCapital, in its discretion, may require that Dallas, Texas be the venue for any legal proceedings arising out of or related to these Terms. You waive and agree not to assert in any action, suit or proceeding that you are not personally subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum or that venue of the action, suit or proceeding is improper. In the event that you should have any claim or cause of action against PlainsCapital arising out of your use of this Site, you agree that, regardless of any statute or law to the contrary, such claim or cause of action must be initiated or filed in a court of competent jurisdiction within one (1) year after accruing or be forever barred.

Questions

Please visit our Contact Us page to find email, phone and mail contact information.