Policies and Disclosures
Terms of Use
This is a legal binding agreement (the “Agreement”) between you (“you,” “your,” or “User”) and Home Bancshares, Inc. and its subsidiaries (collectively, “Happy State Bank, a division of Centennial Bank,” “we,” “our,” or “us”). We provide access to and use of our site(s) on the World Wide Web, including any content, functionality, and services offered on or through https://www.happybank.com (the “Website”), a Website owned or controlled by Happy State Bank, a division of Centennial Bank, to provide information about and/or to deliver products and services offered by Happy State Bank, a division of Centennial Bank and for other business purposes. Happy State Bank, a division of Centennial Bank may make available software (including Happy State Bank or Centennial Bank Mobile app software) to access and/or view the Website’s services from your mobile device by utilizing the internet and/or text messaging (“Mobile Services”). As further outlined below, we require all Users and viewers of our Website and Mobile Services to agree to the terms of this Agreement as a condition to accessing or using our Website and Mobile Services. These Terms of Use, as amended from time to time (the “Terms”), govern your access to and use of the Website and Mobile Services.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY DOWNLOADING, REGISTERING, SIGNING INTO, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE OR MOBILE SERVICES, WHETHER AS A GUEST OR REGISTERED USER, OR OTHERWISE ACCEPTING THESE TERMS, YOU ARE SIGNIFYING THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM AND AGREE TO AND ACCEPT THEM, AND YOU AGREE TO AND ACCEPT THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN CENTENNIAL BANK’S PRIVACY POLICY. BY DOWNLOADING, REGISTERING, SIGNING INTO, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE OR MOBILE SERVICES, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING THE WEBSITE AND MOBILE SERVICES.
DIFFERENT PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND MOBILE SERVICES AND/OR DIFFERENT PAGES OR SECTIONS OF THE WEBSITE AND MOBILE SERVICES, MAY BE SUBJECT TO SEPARATE TERMS OF USE IN ADDITION TO THE TERMS OF THIS AGREEMENT (“SEPARATE TERMS”). IN THE EVENT OF A CONFLICT, SUCH SEPARATE TERMS OF USE WILL GOVERN AND CONTROL WITH RESPECT TO THE CORRESPONDING PRODUCT, FEATURE, SERVICE, PAGE OR SECTION.
Grant of License/Intellectual Property
Subject to the Terms of this Agreement, Happy State Bank, a division of Centennial Bank grants you a non‐exclusive, limited, personal, non‐transferable, freely revocable license to use the Website and Mobile Services in a manner consistent with these Terms solely for your purposes or as otherwise expressly permitted pursuant to this Agreement. Centennial Bank may terminate this license at any time for any reason or no reason.
Accuracy of User Materials
You agree to provide current, complete, and accurate information about yourself and not to submit any content, materials, or information that may: (i) constitute or contribute to a crime; (ii) contain any information or content that is illegal, fraudulent, or deceptive; (ii) contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or (iv) contain any information or content that you know is not accurate, complete, current, or is otherwise designed to mislead, defraud, or deceive us or any third party. If any information you provide is untrue, inaccurate, not current, or incomplete, Happy State Bank, a division of Centennial Bank has the right to terminate your application(s) for Happy State Bank, a division of Centennial Bank products or services and/or to decline to provide any future access to the Website and Mobile Services and our products or services.
Security Obligations
You agree to maintain confidentiality concerning any confidential or proprietary information which you access through the Website and Mobile Services, and you will protect such information from unauthorized access, use, or disclosure. If you are a registered User, you may receive a User name and password upon completing the registration process. If you have an account or plan to open an account with Happy State Bank, a division Centennial Bank through the Website or Mobile Services, you agree that your account is personal to you and agree not to provide any other person with access to the Website or Mobile Services or portions of it using your User name, password, or other security information. You also agree to ensure you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree you are solely responsible for all activities that occur in connection with your passwords and credentials. You are responsible for maintaining the security and confidentiality of your passwords and for any and all activities that occur under your passwords. You agree to immediately notify Happy State Bank, a division of Centennial Bank of any suspicious or unauthorized use of your User account or any other breach of security known to you.
Restrictions on Use
Unless otherwise expressly authorized, you may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit, or create derivative works from the Website or the Mobile Services in any form. You further agree that Happy State Bank, a division Centennial Bank’s names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website or the Mobile Services (the “Marks”), are the property of Happy State Bank, a division of Centennial Bank, our licensors and/or our service providers. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner the applicable Mark. You acknowledge that, except as expressly provided in this Agreement, we have granted you no license or rights whatsoever in or to any Website or Mobile Services property or Marks, and we and/or our licensors and service providers retain all rights therein.
Compliance with Laws
With respect to your account and your use of the Website and Mobile Services, you represent and warrant that: (i) you have complied and will continue to comply with all applicable laws (including, without limitation, any and all relevant data protection, privacy, e‐commerce, banking, and computer fraud laws); (ii) to the extent you share with us any personally identifiable information of any third party for any purpose, you have the authority and written consent from such third party to provide us with such information and allow us to use such information for the purposes permitted in our Privacy Policy; and (iii) all information you furnish in connection your use of the Website and Mobile Services is accurate, complete, and current to the best of your knowledge and belief and meets all requirements of all applicable laws.
Use of the Website and Mobile Services
You acknowledge you are responsible for obtaining and maintaining all services, software, and equipment necessary for you to access and use the Website and the Mobile Services. You will, at your sole expense be responsible for acquiring and maintaining all equipment, software, and communication access necessary for you to use the Website and the Mobile Services. You are solely responsible for installing any products furnished by third‐party providers or suppliers that are necessary to access the Website or the Mobile Services. Happy State Bank, a division of Centennial Bank is not responsible or liable to you for any virus, service malfunction, equipment failure, or related problems that may be associated with the use of an online system.
Disclaimer of Warranties
HAPPY STATE BANK, A DIVISION OF CENTENNIAL BANK, ITS SUBSIDIARIES, LICENSORS, PARTNERS, SUPPLIERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE WEBSITE OR THE MOBILE SERVICES AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CENTENNIAL BANK MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT, SOFTWARE, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To use the Mobile Services you must have a mobile device that is compatible with the Mobile Services. Happy State Bank, a division of Centennial Bank does not represent or warrant that the Mobile Services will be compatible with your Mobile Device. You may use mobile data in connection with the Mobile Services and may incur additional charges from your wireless provider for the use of mobile data. You agree that you are solely responsible for any such changes.
Use of “Cookie” File Features
Centennial Bank reserves the right to store information on a User’s computer or device in the form of a “cookie” or similar file. This information is used to recognize your computer or device each time you visit. When you visit Happy State Bank, a division of Centennial Bank’s Website or use our Mobile Services, you consent to our use of cookies. We may collect information from you automatically through cookies or similar technology.
Third Party Sites
The Website and the Mobile Services may contain links to other third party websites (“Linked Sites”) with potentially relevant information, functionality, and/or convenience. The Linked Sites are not under the control of Happy State Bank, a division of Centennial Bank and Happy State Bank, a division of Centennial Bank is not responsible for the content, performance, or security of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Happy State Bank, a division of Centennial Bank is providing these links to you only as a convenience. Linked Sites may have separate privacy notices or terms and conditions that are specific to those Sites, and when you use or access those Sites, those separate privacy notices or terms and conditions will apply and will control with respect to the matters addressed therein. If you decide to access any of the Linked Sites linked to the Website or the Mobile Services, you do so entirely at your own risk and subject to the privacy notices and terms and conditions of use for such Sites.
Modifications
Happy State Bank, a division of Centennial Bank, in its sole discretion, reserves the right to modify or discontinue, suspend temporarily or permanently stop providing, the services or features of the Website and the Mobile Services, to you or to Users generally, or create usage limits for the Website and the Mobile Services, for any reason or no reason, with or without notice to you. Any changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Website and Mobile Services thereafter. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination or suspension of your use of the Website or the Mobile Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law, in equity, or under this Agreement.
No Reliance on Tools and Information
We may make certain calculators and tools available to you through the Website and the Mobile Services, such as loan repayment calculators (collectively, “Tools”). You acknowledge and agree that any estimates, calculations or other information provided by or through such Tools are for informational purposes only and may be different than actual amounts or otherwise contain inaccuracies.
Security
Happy State Bank, a division of Centennial Bank has implemented commercially reasonable measures designed to protect the security of your personally identifiable information from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your personally identifiable information for improper purposes. Do not use email to send us confidential or privileged information. You acknowledge that you are under no obligation to use the Website or the Mobile Services and that you provide any personal or sensitive information in order to use the Website and the Mobile Services at your own risk.
Geographic Limitation
Not all of our products or services are available in all geographic locations. Any offer for any product or service made is void where prohibited.
Use of Site by Children
The Website and Mobile Services are not intended for use by individuals under the age of 13. As a general rule, and in accordance with the Children’s Online Privacy Protection Act, Happy State Bank, a division of Centennial Bank does not knowingly market to children under 13 without parental consent. Children should always ask a parent or legal guardian for permission before sending personal information over the internet.
Limitation on Liability
In no event will Happy State Bank, a division of Centennial Bank, its subsidiaries or their licensors, partners, suppliers, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website or the Mobile Services, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or Mobile Services or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You shall indemnify, defend, and hold harmless Happy State Bank, a division of Centennial Bank and its subsidiaries, licensors, partners, suppliers, and service providers, and each of their respective officers, directors, agents, and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Website, Mobile Services, third party content and services; (ii) your breach of this Agreement; (iii) your violation of law or the rights of any third party; or (iv) your negligence or willful misconduct.
Mandatory Arbitration/Waiver of Jury Trial
You agree that any claim, dispute, or controversy based on contract, tort, statute, or otherwise, (each, a “Claim”), except for those specifically excluded below, involving your access or use of the Website or the Mobile Services, between you and us will be resolved by mandatory, binding arbitration. Arbitration refers to a way of deciding disputes by a neutral person called an arbitrator. An arbitrator follows less formal procedures than a judge follows in a court of law. An arbitrator decides the dispute with a binding award, meaning the award has the same obligatory effect as a decision by a court. A court may enforce an arbitration award, but a court’s review of an arbitration award is limited. Because Claims will be resolved by arbitration, neither you nor we will have the right to: (1) have a court or a jury decide any Claim; (2) join or consolidate a Claim with claims of any other person; (3) participate in a class action in court or in class action arbitration; or (4) engage in information gathering (discovery) to the same extent as 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. Also, to the extent allowed by law, the validity, scope, and interpretation of this Agreement is to be resolved by neutral, binding arbitration.
The following Claims, proceedings, or remedies are not subject to, and are therefore excluded from, this agreement to arbitrate: (1) remedies in small claims court for Claims within that court’s jurisdiction, unless the Claims are transferred, removed, or appealed to a different court (if so, either you or we can require the transfer of these Claims to arbitration); (2) provisional judicial remedies; (3) the exercise of self‐help remedies and measures that do not involve a court or arbitration, including, but not limited to, our right to set‐off against your account; or (4) compliance with other contractual or mandatory regulatory procedures before a Claim may be brought to arbitration.
To the extent permitted by applicable law for any matters not submitted to arbitration, you and we knowingly, voluntarily, intentionally, and irrevocably: (1) waive the right to a trial by jury in respect to any litigation arising from, or relating in any way to any Claim or any other dispute or controversy between you and us; and (2) agree that any such litigation will proceed on an individual basis and will not proceed as part of a class action. You and we also agree that Claims are to be heard and decided by one (1) arbitrator only, only on an individual basis, and not as class arbitration.
The arbitration will be conducted by, and pursuant to, the rules of the American Arbitration Association (AAA). If the AAA is unavailable, unable, or unwilling to accept and administer the arbitration of any Claim or any appellate proceeding, then the arbitration will be administered by JAMS. If AAA and JAMS are unavailable, unable or unwilling to serve as arbitrator of the Claim, and the parties are unable to agree upon another arbitrator within thirty (30) days after each of AAA and JAMS have advised you and us that they are unavailable, unable, or unwilling to serve as arbitrator of the Claim, you and we may agree upon another administrator or, if you and we are unable to agree, you or we may petition a court of competent jurisdiction to appoint an independent and impartial arbitrator under the Federal Arbitration Act, Title 9 of the United States Code, and such court shall appoint an independent and impartial arbitrator to hear such Claim. In the event a court appoints an arbitrator, the arbitration will be conducted pursuant to the rules of the AAA. If a face‐to‐face arbitration hearing will be held, unless you and we agree otherwise, the hearing will be carried out in the federal judicial district where you live, or if you live outside the continental United States, at a location that you and we agree to, or if we are unable to agree, in Atlanta, Georgia.
This arbitration provision shall survive the closing of your account, your death, your bankruptcy, or the termination of any relationship between you and us for any reason. The parties acknowledge and agree that the waiver of jury trial and waiver of class action provision shall remain valid under all circumstances.
General
This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflicts of laws provisions or your actual state or country of residence, and applicable federal law. For purposes of any action, suit, or proceeding arising out of this Agreement, you expressly submit to the jurisdiction of all federal and state courts located in the State of Arkansas. This Agreement and any Separate Terms, when applicable, constitute the current, sole, and entire agreement between you and Happy State Bank, a division of Centennial Bank with respect to the use of our Website and Mobile Services.
You acknowledge and agree that no practice or course of dealing between you and Centennial Bank, nor any oral representations by any Happy State Bank, a division of Centennial Bank representative, which vary the Terms of this Agreement shall constitute a modification or amendment of the Terms of this Agreement. No failure by Happy State Bank, a division of Centennial Bank to exercise, and no delay by Centennial Bank in exercising, any right or remedy shall operate as a waiver thereof.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be invalid or unenforceable, that provision shall be automatically reformed to the extent, and only to the extent, necessary to render it valid and enforceable so as to effect the intent of this Agreement; however, if such reformation of the provision is not reasonably possible, the provision shall be deemed severed from this Agreement with respect to the person or circumstances as to which such provision shall be invalid or unenforceable, and the remainder of this Agreement shall continue in full force and effect to the fullest extent permitted by law.