Terms & Conditions

Last Update June 11, 2010

BankAtlantic is happy to serve you online.  Your access and use of BankAtlantic.com and its features and services means that you agree with BankAtlantic’s Website Terms and Conditions (these “Terms and Conditions”), BankAtlantic’s Online Privacy Policy located at Privacy Policy BankAtlantic’s Online Security Policy as well as applicable laws, rules and regulations. 

These Terms and Conditions set forth the rules that apply to your access and use of BankAtlantic.com.  If you do not agree with these Terms and Conditions, BankAtlantic’s Online Privacy Policy or BankAtlantic’s Online Security Policy, you should not access or use BankAtlantic.com.
 
Should you have any questions or concerns about BankAtlantic.com's features, services or policies, please feel free to contact BankAtlantic in any of the following ways that are most convenient for you:

• via telephone at: 800-741-1700
• via secure message, click here.

Products and services on BankAtlantic.com
BankAtlantic offers a wide range of products and services to satisfy and serve the needs of its customers.  The products and services described on BankAtlantic.com may not be available in all geographic areas.  Check with your local BankAtlantic branch to determine availability.  Since each customer’s personal financial situation is different, not all customers may qualify for all products or services.  BankAtlantic reserves the right to determine, in its sole discretion, each customer’s individual eligibility for products and services.  Investment products and services are not bank deposits and are not insured by the FDIC or BankAtlantic, and may be subject to substantial risk, including the loss of some or all amounts invested.

Information requested by BankAtlantic
BankAtlantic may request that you provide personally identifiable information or confidential information on BankAtlantic.com to provide you with certain services, such as opening accounts and using Online Banking & Bill Pay.  If you desire to use such services, you agree to provide accurate, complete and current information requested or required by BankAtlantic on BankAtlantic.com.  BankAtlantic will protect such information as set forth in BankAtlantic’s Privacy Policy.

Your access and use of BankAtlantic.com
Easy access and use of BankAtlantic.com is just what you’d expect from Florida’s Most Convenient Bank.  Remember that access and use of BankAtlantic.com is available only for lawful purposes and in accordance with these Terms and Conditions, BankAtlantic’s Online Privacy Policy and BankAtlantic’s Online Security Policy. 

Although BankAtlantic strives to make BankAtlantic.com’s online features and services available to you 24 hours a day, 7 days a week, there may be times when your access and use of BankAtlantic.com is interrupted for any number of reasons beyond BankAtlantic’s control, like equipment malfunction, updating and backup requirements and system maintenance and repair.  BankAtlantic reserves the right to suspend or discontinue the availability of BankAtlantic.com and/or online features and services at any time in its sole discretion.

In order to protect BankAtlantic and its customers, any action by you that, in BankAtlantic’s sole discretion, (i) violates any applicable law, rule or regulation and/or these Terms and Conditions, BankAtlantic’s Online Privacy Policy and/or BankAtlantic’s Online Security Policy, (ii) restricts, inhibits or prevents access and use of BankAtlantic.com, or (iii) through the access or use of BankAtlantic.com, defames, abuses, harasses, offends or threatens, is not permitted, and may result in the loss of your right to access and use BankAtlantic.com.  BankAtlantic does not permit BankAtlantic.com to be metatagged, linked to or framed without the prior written permission of BankAtlantic, and BankAtlantic may withhold such permission in its sole discretion. Unauthorized use of BankAtlantic’s systems, including, but not limited to unauthorized entry into BankAtlantic’s systems, misuse of any User ID or Password, or misuse of any information posted on BankAtlantic.com is strictly prohibited.

Protection of BankAtlantic’s intellectual property rights
Many of the marks and much of the text appearing on BankAtlantic.com are proprietary to BankAtlantic or its subsidiaries, and may not be used by you without the prior written permission of BankAtlantic.  BankAtlantic may withhold such permission in its sole discretion.  BankAtlantic makes no proprietary claim to any third-party content, names, trademarks or service marks appearing on BankAtlantic.com.  Any third-party content, names, trademarks and service marks are property of their respective owners.

The proprietary information, data, software and content viewable on, contained in, or downloadable from BankAtlantic.com (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images and line art, are copyrighted by, or otherwise licensed to, BankAtlantic.  BankAtlantic also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (collectively, the “Collective Work”).  All software used on BankAtlantic.com (the “Software”) is the property of BankAtlantic or its software vendors and is protected by U.S. and international copyright laws.

Your viewing, reading, printing, downloading or otherwise using the Content, the Collective Work and/or the Software, even with the prior written permission of BankAtlantic, does not entitle you to any ownership or intellectual property rights in or to the Content, the Collective Work and/or the Software.  You are solely responsible for any damage resulting from your infringement of BankAtlantic’s or any third party’s rights in or to the Content, the Collective Work or the Software, and/or any other harm incurred by BankAtlantic or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to these Terms and Conditions.

BankAtlantic makes no representations or warranties regarding BankAtlantic.com or the Content.
BANKATLANTIC PROVIDES BANKATLANTIC.COM AND THE CONTENT ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BANKATLANTIC.COM AND THE CONTENT ARE INTENDED ONLY TO ASSIST YOU IN MAKING FINANCIAL DECISIONS.  YOU ARE SOLELY RESPONSIBLE FOR YOUR FINANCIAL DECISIONS AND ARE ADVISED TO SEEK ADVICE FROM YOUR PROFESSIONAL ADVISORS.

BANKATLANTIC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (I) AS TO THE OPERATION OF BANKATLANTIC.COM OR THE CONTENT, COLLECTIVE WORK, THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN OR ASSOCIATED WITH BANKATLANTIC.COM; (II) REGARDING THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, NOR THE NON-INFRINGEMENT, SAFETY, RELIABILITY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, (III) THAT THE CONTENT IS FREE FROM INFECTION OF ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, HARVEST OR EXPROPRIATE FROM ANY SYSTEM, DATA OR PERSONAL INFORMATION; OR (IV) THAT THE CONTENT, THE UNIFORM RESOURCE RELOCATOR, DOMAIN NAME SYSTEM, OR INTERNET PROTOCOL ADDRESS ASSOCIATED WITH BANKATLANTIC.COM ARE FREE FROM PHISHING, PHARMING OR OTHER COMPUTER PROGRAMMING ROUTINES OR TACTICS THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, HARVEST OR EXPROPRIATE FROM ANY SYSTEM, DATA OR PERSONAL INFORMATION.

IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF BANKATLANTIC.COM, THE CONTENT AND THE PRODUCTS AND SERVICES ASSOCIATED WITH BANKATLANTIC.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF BANKATLANTIC.COM AND ALL PRODUCTS AND SERVICES INCLUDED IN OR ASSOCIATED WITH BANKATLANTIC.COM IS AT YOUR SOLE RISK. 

Note: Before making any decisions or implementing any financial strategy, BankAtlantic recommends that you speak to a financial advisor.  

Your use of the Content and Collective Work
BankAtlantic encourages you to use and explore the features and services available on BankAtlantic.com.  You may print, download or otherwise use the Content for non-commercial use in the form of (i) one (1) machine-readable copy, (ii) one (1) backup copy and (iii) one (1) print copy.   Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use of the Content is permitted by you without the prior written consent of BankAtlantic, and BankAtlantic may withhold such permission in its sole discretion.

You may not delete any proprietary notices appearing in the Content or in the Collective Work.  You may not transfer the Content or the Collective Work to another person or entity.  You may not modify the Content or the Collective Work or utilize either for any commercial purpose or any other public display, performance, sale, or rental.  You may not decompile, reverse engineer or disassemble the Content or the Collective Work in any way.

Third party links on BankAtlantic.com
In order to increase BankAtlantic.com’s level of convenience for you, BankAtlantic.com may feature links to other websites belonging to BankAtlantic’s business partners, affiliates and other third parties.  Such links do not constitute an endorsement by BankAtlantic of those websites, nor any products or services listed on those websites.  BankAtlantic is not responsible for any activities on those websites.

Sending information via BankAtlantic.com
In order to maintain the integrity and functionality of BankAtlantic.com and the confidential information of BankAtlantic’s customers, you are not permitted to transmit, submit or post information to BankAtlantic.com that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, harvest or expropriate from any system, data or personal information.

Your responsibility for equipment, software and related costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use BankAtlantic.com (collectively, “Equipment”), and all costs and fees associated with Internet access or long distance charges incurred with regards to your access and use of BankAtlantic.com.  For your safety, BankAtlantic encourages you to obtain and maintain online security protection.  Nevertheless, you acknowledge that you are responsible for obtaining and maintaining online security protection related to your Equipment, including, without limitation, fire-wall, anti-virus, spam blockers, and any other online protections available.  BankAtlantic is not responsible for any damage or cost you may incur as a result or in connection with your failure to obtain and maintain appropriate Equipment and online security protections.

Limitations on BankAtlantic’s liability
BANKATLANTIC SHALL IN NO EVENT BE LIABLE TO YOU, OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF, ARISING OUT OF OR RELATING TO: (I) YOUR BREACH OR VIOLATION OF THESE TERMS AND CONDITIONS; (II) YOUR ACCESS AND USE OF BANKATLANTIC.COM; (III) YOUR INABILITY TO ACCESS OR USE BANKATLANTIC.COM FOR ANY REASON; (IV) YOUR RELIANCE UPON OR USE OF THE CONTENT AND THE COLLECTIVE WORK; AND/OR (V) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH BANKATLANTIC.COM, OR OTHERWISE ARISING OUT OF THE USE OF BANKATLANTIC.COM, WHETHER RESULTING IN WHOLE OR IN PART FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BANKATLANTIC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

PLEASE NOTE, SOME JURISDICTIONS DO NOT PERMIT SUCH LIMITATIONS ON BANKATLANTIC’S LIABILITY, AND ACCORDINGLY, SOME OR ALL OF YOUR RIGHTS MAY NOT BE LIMITED BY THE FOREGOING LIMITATION OF LIABILITY.

Your indemnification of BankAtlantic
You shall defend, indemnify and hold harmless BankAtlantic and its respective officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, without limitation, attorneys’ costs and fees, arising out of, or attributable to: (i) any breach or violation of these Terms and Conditions by you; (ii) your failure to provide accurate, complete and current personally identifiable information or other personal or confidential information, requested or required by BankAtlantic; (iii) your access or use of BankAtlantic.com; and/or (iv) any access or use of BankAtlantic.com under any User ID or Password that may be issued to you by BankAtlantic.

Changes to these Terms and Conditions
In order to adapt to change and best serve the needs of BankAtlantic’s customers, BankAtlantic reserves the right to amend these Terms and Conditions at any time, in its sole discretion and without notice.  Any changes to these Terms and Conditions will be posted here.  You are encouraged to visit these Terms and Conditions frequently in order to review any changes that have occurred.  Your continued access and use of BankAtlantic.com following any changes to these Terms and Conditions shall automatically be deemed your acceptance of these Terms and Conditions.

BankAtlantic’s equitable remedies
You acknowledge and agree that BankAtlantic may be irreparably damaged if these Terms and Conditions are not specifically enforced, and damages at law would be an inadequate remedy.  Therefore, in the event of any breach, violation or threatened breach or violation of these Terms and Conditions, BankAtlantic shall be entitled, in addition to all other rights and remedies, to an injunction restraining the same, without being required to show any actual damage or to post an injunction bond, and/or to a decree of specific performance or similar equitable remedy.

For purposes of this Section, you agree that any action or proceeding with regard to BankAtlantic’s rights of equitable remedy shall be brought in the courts of record of Broward County, Florida, or the United States District Court, Southern District of Florida, Ft. Lauderdale Division.  You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such courts.  You agree that service of any court paper may be affected by mail or in such other manner as applicable laws, rule of procedure or local rules provide.

Governing law and arbitration
These Terms and Conditions are to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws.  Any civil action, claim, dispute or proceeding arising out of or relating to these Terms and Conditions, except for an injunctive action regarding a breach, violation or threatened breach or violation of these Terms and Conditions by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Broward County, Florida. 

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS.  BY USING BANKATLANTIC.COM, YOU CONSENT TO THESE RESTRICTIONS.

You and BankAtlantic shall select the arbitrator, and if you and BankAtlantic are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.  Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs.  The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and BankAtlantic, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Broward County, Florida.
Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and BankAtlantic and your and BankAtlantic's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction.

Miscellaneous
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions.

The headings contained in these Terms and Conditions are for convenience of reference only, are not to be considered a part of these Terms and Conditions, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions.

All covenants, agreements, representations and warranties made in these Terms and Conditions, as may be amended by BankAtlantic from time to time, shall survive your acceptance of these Terms and Conditions and the amendment of these Terms and Conditions.

These Terms and Conditions represent the entire understanding and agreement between you and BankAtlantic regarding their subject matter, and supersede all other previous agreements, understandings and/or representations regarding the same.