This website is provided by Cardinal Financial Company, Limited Partnership (“Cardinal Financial”), located at 3530 Toringdon Way, Suite 200, Charlotte, NC 28277. By accessing this website, you agree to be bound by the terms and conditions below. Please review the terms and conditions. If you do not agree to the terms and conditions below, do not access this website.
Use of Information and Materials
The information and materials contained in this website, and the terms, conditions, and descriptions that appear therein, are subject to change. Unauthorized use of Cardinal Financial’s website and information technology systems, including but not limited to unauthorized entry into Cardinal Financial systems, misuse of passwords, or misuse of any information posted on this website is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Cardinal Financial and/or its affiliates.
Links
This website may contain links to other websites controlled or offered by and through third parties not affiliated with Cardinal Financial. Cardinal Financial hereby disclaims liability for any information, materials, products, or services posted or offered at any third party the Cardinal Financial site linked to the Cardinal Financial website. By creating a link to a third party website, Cardinal Financial does not endorse or recommend any products or services offered or information contained at that particular website. Cardinal Financial is also not liable for any failure of products or services offered or advertised at any such third party website. Such third party may have a privacy policy different from that of Cardinal Financial and the third party website may provide less security than this website.
No Warranty
The information and materials contained in this website, including text, graphics, links, or other items, are provided “as is” and “as available.” Cardinal Financial does not warrant the accuracy, adequacy, or completeness of this information and/or materials and expressly disclaims liability for errors and/or omissions in this information and materials. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of noninfringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given in conjunction with the information and materials.
Limitation of Liability
In no event will Cardinal Financial be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses, costs, or expenses arising in connection with or relating to the website or any third party site linked to the Cardinal Financial website or use thereof, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Cardinal Financial, or representatives thereof, are advised of the possibility of such damages, losses, costs, or expenses.
Submissions
All information submitted to Cardinal Financial via this site shall be deemed and remain the property of Cardinal Financial and Cardinal Financial shall be free to use, for any purpose, any idea, concepts, know-how, or techniques contained in information a visitor to this website provides Cardinal Financial through this website. Cardinal Financial shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Cardinal Financial entity having the direct customer relationship or as otherwise specifically agreed or required by law.
Availability
This website is not intended for distribution to, or use by, any person or entity in any jurisdiction or county where such distribution or use would be contrary to local law or regulation.
Additional Terms
Certain sections or pages on this website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Dispute Resolution – Arbitration Agreement
Please read this Mandatory Arbitration and Class Action Waiver Provision Carefully.
This section provides that any and all disputes arising out of your use of Cardinal Financial’s website, these Terms and Conditions, and Cardinal Financial’s Privacy Policy will be resolved by final and binding arbitration. This Arbitration Agreement restricts your right to go to court, have a jury trial, or initiate or participate in a class action or other representative action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.
You have the right to opt out of this Arbitration Agreement by mailing a rejection notice to 3530 Toringdon Way, Suite 200, Charlotte, NC 28277, Attn. Legal Department, within 30 days after you agree to these Terms and Conditions and/or these Terms and Conditions are updated. Any rejection notice must include your name, address and telephone number, and the date you agreed to the Terms and Condition that your rejection notice applies to. Your rejection notice will apply only to this Arbitration Agreement and will not affect any term of any other contract between you and us.
If you do not opt out of this Arbitration Agreement as described above, you agree that any dispute or claim between you and Cardinal Financial and its parents, affiliates, subsidiaries, or related companies will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This also includes claims made by or against anyone connected with or claiming through us or you.
The arbitration will be conducted by a single arbitrator before JAMS under its rules, which are available at www.jamsadr.com. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the claim or the relief sought was frivolous or was brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).Neither you nor Cardinal Financial will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate claims or disputes with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually.
This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act (“FAA”) will govern its interpretation, application, enforcement, and proceedings. As the Governing Law provision indicates, the laws of the State of North Carolina govern the enforceability of this arbitration provision as a contract, but not the scope of this provision.
This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms and Conditions or Privacy Policy. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms and Conditions or Privacy Policy or the remaining portions of this Arbitration Agreement. Instead, any provision deemed invalid or unenforceable will be changed and interpreted to accomplish the objectives of the Arbitration Agreement to the greatest extent possible.
Governing Law
We agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms and Conditions and/or any dispute of any sort that might arise between you and Cardinal Financial or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
Copyright
Copyright in the website pages and in the screens displaying the pages, and in the information and material contained therein and in their arrangement and production, is owned by Cardinal Financial unless otherwise indicated.
