Effective September 30, 2015
Welcome to the First Republic Bank website. These constitute the Terms and Conditions (the “Terms”) for users of this website, as well as our mobile and online banking services available through www.firstrepublic.com (the “Site”) and any of our mobile sites or applications (the “Apps”) (collectively, the “Services”). As used in these Terms, “we,” “our,” and “us” refers to First Republic Bank and its subsidiaries (collectively, “First Republic”), and the Terms and any rights provided for herein also inure to the benefit of the subsidiaries and affiliates of First Republic Bank.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS ARE A LEGAL AGREEMENT. BY ACCESSING THE SITE, THE APPS, OR ANY OF THE SERVICES, YOU ACKNOWLEDGE, AGREE AND ACCEPT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT ACCESS THE SERVICES.
1. Client/Customer Service
As always, we pride ourselves on providing excellent customer service. Please note, however, that the Services are not a substitute channel for services, products or general questions. If you are a client and need assistance with any of your accounts or our products and services, please contact us at the following number and we will be happy to assist you:
Customer Care Center
Mon - Fri 5 AM – 9PM PST
Sat 6 AM – 8 PM PST
Sun 7 AM – 5 PM PST
Please note that if you contact us regarding any customer service related matters via the Services we may divert you to other First Republic channels to assist you as quickly and efficiently as possible.
2. Privacy and Confidentiality
The privacy and confidentiality of our clients are of the utmost importance to First Republic. You may be prompted to submit certain information when you enroll for certain products or Services or as part of your use of the Services. In so doing, you agree that all information you provide to us through prompts on the Services is true, accurate, and complete. We may wish to use this information to tailor the Services and our products to your personal and business needs. You agree that First Republic may disclose and transfer any such information you provide through the Services to (i) any First Republic Company, its affiliates, and its agents; (ii) any other person or entity with your consent; or (iii) any person or entity to whom First Republic has a right or duty to disclose or are permitted or compelled to disclose such information by law. Use of the Services, including any patterns or characteristics concerning your interaction with the Services, may be tracked and recorded for data analytics, user experience optimization, or any other legal purpose.
3. Copyright and Trademark Notices and Intellectual Property Rights of First Republic
The content and works of authorship contained in the Services, including but not limited to all design, text, sound recordings, images and video, are owned, except as otherwise expressly stated, by First Republic. You should assume that everything on the Services is copyrighted, unless otherwise noted.
“First Republic,” “First Republic Bank,” “First Republic Bancorp Inc.,” “It’s a privilege to serve you” and the First Republic logo are trademarks of First Republic Bank. First Republic Bank and its subsidiaries also claim rights in certain other trademarks and service marks contained in the Services. Other featured words or symbols on the Services, used to identify the source of goods and services, may be trademarks of their respective owners.
The copyrights, trademarks, logos, and service marks displayed on the Services are registered and unregistered copyrights, trademarks, logos and service marks of First Republic and others. Except as otherwise expressly stated herein, copyrighted, trademarked materials or other intellectual property of First Republic (including without limitation, images of people and places) may not be used, copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, removed, reverse engineered, modified or otherwise used in whole or in part in any manner without First Republic’s prior written consent, except to the extent permitted by applicable law, and then, only with notices of First Republic’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded. Please be advised that any violation of such copyright, trademark or other intellectual property rights or any privacy or communication laws is your sole responsibility. First Republic will aggressively enforce its intellectual property rights to the fullest extent of the law, including without limitation, the seeking of criminal prosecution.
4. Web Content and Materials
The information and materials contained in the Services are for information purposes only. Use of the Services is at your sole risk. We use reasonable efforts to include reliable information and materials, but First Republic makes NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSION CONTAINED IN THE SERVICES.
Neither First Republic Bank nor any other party involved in creating, producing, or delivering the Services is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to, or use of, the Services. Without limiting the foregoing, everything on the Services is provided “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, FIRST REPUBLIC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SERVICES, ANY INCOMPATIBILITY BETWEEN THE SERVICES AND YOUR FILES AND YOUR BROWSER OR OTHER SERVICES ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THE SERVICES OR DOWNLOADING OF ANY INFORMATION OR MATERIALS.
UNDER NO CIRCUMSTANCES WILL FIRST REPUBLIC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THE SERVICES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FIRST REPUBLIC HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE.
The information and materials contained in the Services are subject to change without notice. First Republic may discontinue or make changes in the information, materials, services or products which may be described or provided for on the Services at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and First Republic does not undertake any obligation or responsibility to update or amend any such information. In the event there is deemed to be any information on the Services regarding services and products, such services and products described, as well as any associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Please note that not all services and products are offered at all locations and your eligibility for particular products and services is subject to final determination by First Republic.
5. Content Submission Guidelines and Intellectual Property Rights
All content (including, but not limited to, photographs, text, or other media files), comments, and posts (collectively, “Content”) submitted to the Services is subject to the approval of First Republic based on these Terms as well as all other applicable First Republic policies. We encourage and expect posts and comments to be polite and respectful and consistent with these Terms. Please remember that the Site is a public website and anyone can see your comments and posts.
When you submit, upload, transmit, or otherwise make available Content on or through the Services, you are granting us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide license to use and display the Content, and to permit others to use and display, for any purpose, the Content, and any ideas, concepts, know-how and techniques contained in such Content. You agree that such Content is, and will be treated as, non-confidential and non-proprietary. To the extent that Content is covered by intellectual property rights, you affirm, represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to the Content you submit. No compensation will be paid for any Content.
You agree that you will not submit, upload, transmit or otherwise make available any Content that we deem to be objectionable, including without limitation, the following:
a) unlawful, profane, stalking, harmful, threatening, abusive, attacking, discriminatory, hateful, harassing, tortious, denigrating, vulgar, obscene, pornographic, libelous, invasive of another's privacy, false information, rumors, inflammatory, discriminatory or otherwise objectionable or unrelated;
b) any content or otherwise participating in any activity that is prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, data privacy or protection, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property;
c) files that contain video, images, software, or other material protected by intellectual property or right of privacy / publicity laws, including, by way of example, copyright or trademark laws, unless you own or control the rights thereto or have received all necessary consents to submit such materials to this page;
d) trade secrets, or confidential or non-public information about publicly-traded securities or other financial instruments;
e) any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or any self-promotion; and/or
g) any material that contains software viruses, Trojan horses, worms, time bombs, corrupted files, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that may damage or interfere with the operation of another's computer or property of another.
You further agree that you will not:
a) attempt to gain unauthorized access to any accounts, computer systems or networks, through hacking, phishing, password mining or any other means;
b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, collect or store personal data about other users in connection with the prohibited conduct and activities;
c) violate, intentionally or unintentionally, any applicable local, state, national or international law, these Terms, or any of First Republic's policies and procedures;
d) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
e) use any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any materials, or delete or alter any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material; and/or
g) collect personal information about others, including e-mail addresses or other personal information.
We expect that anyone using the Site will remain on topic and relevant. While we always welcome ideas and ways that we might improve our customer experience as well as the Services, we may delete off-topic or irrelevant negative Content. First Republic is under no obligation to post or use any Content submitted by you or anyone else and we reserve the right to refuse to post and/or remove any Content, including without limitation, the right to refuse to post or to remove the above-referenced objectionable Content and any other Content that we deem to be objectionable.
You shall indemnify, defend, and hold harmless First Republic, and its officers, employees and agents, from any and all losses, injuries, liabilities, damages, fines, penalties, costs and expenses including reasonable attorneys' fees, resulting from claims made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Services, your Content or other submissions, postings, or transmissions on the Services, your violation of any policies or rules governing the Services, or your violation of any rights of another.
First Republic has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by others on the Services. However, First Republic may, in its sole discretion, preserve Content and may disclose it, especially in the event it is required to do so by law or judicial or governmental mandate or as determined by us to protect the rights, property or personal safety of the public.
The Services may contain links to websites and webpages controlled, maintained or offered by third parties not owned by, or affiliated with, First Republic. First Republic has no control over the content of such non-First Republic website and webpages. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between you and First Republic or any other person or entity.
FIRST REPUBLIC HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY INFORMATION, MATERIALS, SERVICES OR PRODUCTS POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEBPAGES OR WEBSITES LINKED TO THE SERVICES. BY CREATING A LINK TO A THIRD-PARTY WEBPAGE OR WEBSITE, FIRST REPUBLIC DOES NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OFFERED OR INFORMATION OR MATERIALS CONTAINED IN SUCH WEBPAGE OR WEBSITE, NOR IS FIRST REPUBLIC LIABLE FOR ANY INFORMATION OR MATERIALS CONTAINED IN SUCH WEBPAGE OR WEBSITE, ANY FAILURE OF SUCH SERVICES OR PRODUCTS OFFERED OR ADVERSTISED ON SUCH WEBPAGE OR WEBSITE, NOR DOES FIRST REPUBLIC WARRANT THAT SUCH WEBPAGE OR WEBSITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT OR DEVOID OF VIRUSES OR OTHER CONTAMINATION. SUCH THIRD-PARTY WEBPAGE OR WEBSITE MAY PROVIDE LESS SECURITY THAN FIRST REPUBLIC’S WEBPAGES OR WEBSITES AND FIRST REPUBLIC IS NOT LIABLE FOR THE PRIVACY OR SECURITY PROVIDED FOR ON SUCH THIRD-PARTY WEBPAGE OR WEBSITE.
7. Limitation of Access
First Republic may shut down this Site or any of the Apps, or limit or deny access to all or part of the Services or the Services may from time to time be unavailable, delayed or slowed at any time, for any reason, without notice, and without liability to you.
8. Other Agreements
The Terms do not nullify, and are in addition to, any other terms and conditions contained in other agreement(s) between you and First Republic, including without limitation, any agreement regarding your use of any webpages, websites or social media sites maintained by First Republic. In the event of a conflict, the additional terms and conditions will govern those sections or pages. In addition, certain portions or pages of the Services, or other webpages, websites or social media sites are subject to additional disclosures and disclaimers. In the event of conflict between those disclosures and disclaimers, and these Terms, the additional disclosures and disclaimers will govern for those portions, pages or sites. Termination or modification of these Terms will not affect, or result in the termination or modification of, any such other agreements or disclaimers.
Without limiting anything else contained in the Terms but for clarification, all terms and conditions for any financial services or products are provided in separate agreements between you and First Republic, including without limitation, those terms and conditions governing any and all warranties, representations, indemnities, or limitations of liability related to financial services or products.
9. Governing Law
Your relationship with First Republic with respect to these Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. In the event there is deemed to be any information on the Services regarding services and products then such information is applicable only in jurisdictions where such services and products may lawfully be offered for sale and is void where prohibited by law. If you access the Services from outside of the United States, you are responsible for compliance with local, national, and international laws.
If any term or provision of these Terms is held unenforceable, the validity or enforceability of the remaining terms and provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable term or provision.
We reserve the right to revise, update or modify these Terms or other policies at any time and without prior notice, by posting the revisions on this Site. You are bound by any such revisions at the time of such posting and you should therefore periodically visit this page to review the current Terms. Your simultaneous or subsequent use of the Services constitutes your agreement to bound by the revised Terms.
12. Compliance Disclaimers
Deposit and loan products are offered by First Republic Bank, Member FDIC and Equal Housing Lender.
First Republic Private Wealth Management includes First Republic Trust Company, a division of the Bank; First Republic Trust Company of Delaware LLC; First Republic Investment Management, Inc., an SEC Registered Investment Advisor; and First Republic Securities Company, LLC, Member FINRA/SIPC.
Investment and advisory products and services are Not FDIC Insured or insured by any other entity, not guaranteed, and may lose value.
The information and materials on the Services are not intended as an offer or solicitation for the purchase of stock, any other security or any financial instrument of First Republic or any other issuer or company. No content or comments made by First Republic, its employees, agents or any other user should be understood or used as the basis for any investment or financial decision, nor should they be construed as advice, endorsements or recommendations.