TERMS AND CONDITIONS OF USE
The Santander Private Banking International line of business provides international private banking and wealth management services and consists of the following entities: (i) Banco Santander International (United States), and (ii) Banco Santander International SA (Switzerland and Bahamas Branch) jointly “Santander Private Banking International” or “SPBI”). By accessing the SPBI website, and any of its pages (the “Site”), you agree to be bound by these Terms and Conditions of Use (the “Terms of Use”), as they may be modified from time to time and posted on this site by SPBI. If you do not agree to be bound by these Terms of Use, discontinue your access to this Site immediately.
ACCESS SUBJECT TO LOCAL RESTRICTION
The Site and all information and functionality contained within the Site are not directed at or intended for use by any person resident or located in any jurisdiction where the distribution of such information or functionality is contrary to the laws of such jurisdiction.
SERVICES AND PRODUCTS
The general information regarding services and products available from SPBI is for information purposes only. The information on this Site is not intended and should not be construed as an offer or solicitation for the purchase of any stock, bond, mutual fund or any financial instrument or an offer to provide any banking or investment service or investment advice in any jurisdiction. Please note that some services described on this Site may not be available for you depending on your location. The information and materials contained in this Site is subject to change without notice. Some of our other websites or pages within this Site contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these terms and conditions, disclosures, and disclaimers. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers will govern for those sections or pages.
WARRANTY DISCLAIMER
THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SPBI EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. SPBI MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, COMPUTER WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN THE SITE, AT ANY TIME WITHOUT NOTICE. SPBI USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. SPBI IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS
LIMITATION OF LIABILITY
BY USING THE SITE, YOU AGREE THAT SPBI WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF SPBI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICES OFFERED ON OR THROUGH THE SITE).
INDEMNIFICATION AND EXCULPATION
You hereby agree, to the fullest extent allowed by applicable law, to indemnify and hold the entities of SPBI and any offices, branches, and affiliates of SPBI (and their respective directors, shareholders, officers, employees, attorneys, agents, successors, and assigns) harmless from and against any and all claims, causes of action, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses, fees, taxes, and any other liabilities, including, without limitation, reasonable in-house or outside counsel fees (whether incurred at trial, on appeal, with or without litigation) and any other costs or disbursements of any kind or nature whatsoever, by whomsoever brought or caused, which may be imposed upon, incurred by, or asserted against SPBI, in any way relating to or arising out of the use of the Site (the “Indemnified Liabilities”). SPBI and any offices, branches, and affiliates of SPBI (and their respective directors, shareholders, officers, employees, attorneys, agents, successors, and assigns) may not at any time incur any liability to you (and you hereby expressly waive and release any and all claims and causes of action that you may at any time or times have against any of such institutions and individuals) in connection with any of the Indemnified Liabilities.
Further, without limiting SPBI’s rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a client (including but not limited to client names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or subsequent to and arising from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected clients, offering and providing of credit monitoring, clients service, or other remediation services, and any related cost. SPBI’s rights to indemnity under this section are in addition to all other rights and remedies available at Law or in equity. Any exercise by an entity of SPBI of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing account data through this Site or SBPI’s systems, notwithstanding the terms of any agreement you have with a client or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared SPBI client account data.
ACCESS TO SECURED AREAS
Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.
COPYRIGHTS, TRADEMARKS, AND SERVICEMARKS
The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright of Banco Santander International and its affiliates. All rights reserved. Unless stated to the contrary, all Content is the property of Banco Santander International, its affiliates, or third party licensors. By making this Content available on the Site, Banco Santander International and its affiliates are not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics ("Marks"), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of Banco Santander S.A. and its affiliates or its third party licensors. Unauthorized use is prohibited.
You agree not to remove copyright, trademark or other notices from any Content or Marks you may get from the Site. You may not download or copy any content from the Site without the prior written consent of SPBI except for your individual use. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.
External Links
To the extent links are provided from the Site to other websites, SPBI does not operate or control any information, products or services on, nor endorse nor approve any products, services or information offered at those sites.
RIGHT TO MODIFY OR TERMINATE
SPBI reserves the right to modify the products and services offered in this Site. SPBI also reserves the right to terminate your access to such products and services, or access to this Site, in whole or in part, at any time.
SEVERABILITY CLAUSE
To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.
CONFLICT WITH ADDITIONAL TERMS
Certain web pages or areas on the Site may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.
These Terms of Use are revised and effective as of August 2021.
GOVERNING LAW AND JURISDICTION
THESE TERMS OF USE CONSTITUTE A CONTRACT BETWEEN YOU AND ONE OF THE LEGAL ENTITIES CONSTITUTING SPBI. IN THIS RESPECT, YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COUNTRY OF INCORPORATION OF THE HEAD OFFICE OF THE ENTITY WHERE YOU DO HAVE A BANKING RELATIONSHIP. YOU EXPRESSLY AGREE TO SUBMIT TO THE SOLE AND EXCLUSIVE JURISDICTION OF THE ORDINARY COURTS OF THE HEAD OFFICE OF THE ENTITY WITH WHOM YOU HAVE A BANKING RELATIONSHIP.
SHOULD YOU HAVE NO BANKING RELATIONSHIP WITH ONE OF SPBI ENTITIES, YOUR USE OF THIS SITE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO THE CONFLICTS OF LAWS THEREOF, AND TO THE LAWS OF THE UNITED STATES AND YOU EXPRESSLY AGREE TO SUBMIT TO THE SOLE AND EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN MIAMI DADE COUNTY.
