Terms of Use
Legal terms of use for FHB.com and other online services
Last updated 8/7/2023
Your use of any portion of First Hawaiian Bank’s (“FHB”) websites, mobile applications or other digital properties and services (each, a “Site”) is subject to the following terms and conditions:
Privacy of your information. FHB takes seriously our responsibility to protect the privacy of our customers' financial information. Please click here to review FHB's privacy policy and here to view FHB’s Online Privacy Policy. Our privacy policies explain the types of personal information we collect and the reasons we share personal information.
Governing law. You agree that your use of FHB's Sites is governed by the laws of the State of Hawaii and any applicable federal United States laws. For individual products and services offered by FHB, the applicable customer agreements and disclosures may specify that the laws of another jurisdiction will govern your use of the account and/or service, and the terms of those disclosures and agreements will continue to apply.
Copyright and trademark information. The trademarks, trade names, and service marks (the "Marks") used on FHB's Sites belong to FHB or to various other related parties. No one is authorized to use any of the Marks in any manner without the prior express written permission of the owner of the Mark. The materials displayed on FHB's Sites are protected by U.S. and International copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed or performed without the prior express written permission of FHB.
Limitations. None of the information on FHB's Sites may be used, distributed, or reproduced for commercial purposes without our prior written permission. No third party is authorized to promote FHB's products or services without FHB's prior written permission. There are various restrictions, limitations, and costs associated with FHB's products and services, which are disclosed in the applicable customer agreements and continue to apply regardless of any information provided on our Sites. Not all products and services described are available in all geographic areas.
No Unlawful or Prohibited Use. As a condition of your use of the Sites, you agree that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. Actions that you agree not to take include but are not limited to: (1) taking or attempting to take any action that grants you access to the Sites to an extent greater than authorized by FHB; (2) taking or attempting to take any action that results in an unauthorized modification to, addition to, or deletion from the Sites; (3) taking or attempting to take any action that violates the security of the Sites; (4) taking or attempting to take any action that would impose an unreasonable or excessively large load on the Sites’ infrastructure; and (5) knowingly providing false or misleading information to FHB.
Chat. FHB may make an interactive online chat service (“Chat”) available on FHB Sites as a convenience to assist you with basic customer service inquiries. FHB makes no warranty that Chat will be available at any particular time or be free of fault or error. During your use of the Chat service, you may interact with a bot, chatbot, virtual assistant, or other non-human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by applicable law. When engaging with us through use of the Chat service, you acknowledge that chats may be monitored and retained. Any personal information shared with us when using the Chat service shall be subject to the applicable privacy policies described above. You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
You further acknowledge that the Chat service will not be used to respond to or log complaints or disputes and that to obtain a response to a complaint or dispute you must contact FHB through other established channels.
Co-browsing. FHB may also offer co-browsing services to assist you with customer service inquiries regarding your use of FHB Sites. Co-browsing enables our customer service representatives, with your permission, to view and have limited access your active web session on certain FHB.com pages. We will not be able to view your browsing activity outside of FHB.com. While Co-browsing, we will not be able to take certain actions for you such as initiating a funds transfer or updating your contact info in FHB Online. No information from your co-browsing session will be retained other than the fact that a co-browse session was started and ended. You may end a Co-browse session at any time by clicking “End” or closing your web browser. We may suspend or terminate your use of the Co-browsing service for any reason and at any time with or without notice.
You agree that you are responsible for your and any third-party software, hardware and services used in connection with the Co-browsing services. Any third-party software, hardware or services that you use in conjunction with such service, are the sole responsibility of you and/or such third party, and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms of Use.
No Warranties. Neither FHB or third parties makes no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components, and accuracy of the information and content found on its Sites. All such information and content found on the Sites are provided "as is" without any kind of warranty. FHB hereby disclaims all warranties and conditions with regard to such information and content found on its Sites, including without limitation all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
From time to time FHB's Sites may include information from third parties, and/or links to other websites. Neither FHB or third parties make any warranties, express or implied, regarding any third-party information or any links to other websites, and FHB assumes no responsibility for the accuracy, completeness, reliability or suitability of the information provided by third parties or information, software (if any), offers or activity found on other websites which may be linked to our Sites.
You agree that your use of fhb.com and other Sites, including the services and all information and content, are at your risk.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER FHB NOR FHB’S AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY AND ALL CLAIMS, LOSSES, COSTS, EXPENSES (INCLUDING ATTORNEYS' FEES), AND DAMAGES OF WHATEVER KIND OR NATURE INCLUDING WITHOUT LIMITATION GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR TREBLE DAMAGES ("DAMAGES") BASED ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY ACCESS TO OR USE OF THE SERVICES, INCLUDING CHAT AND CO-BROWSING SERVICES OR FHB'S SITES AND THE INFORMATION CONTAINED THEREIN, EVEN IF FHB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification. You agree to defend, indemnify, and hold harmless FHB, and our affiliates and third-party service providers and their affiliates and the officers, directors, employees, contractors and agents of each of them, from and against any and all claims arising from your access to or use of FHB sites and/or your violation of these Terms of Use.
FHB Online. If you are enrolled in FHB Online® or FHB Business Online, FHB Online® or FHB Business Online Terms and Conditions will govern all use of FHB sites related to those services. In the event of a conflict between the FHB Online® or FHB Business Online Terms and Conditions and these Terms of Use, the FHB Online® or FHB Business Online Terms and Conditions will control and take precedence.
Changes. FHB reserves the right to change these Terms of Use, or the content of any portion of our Sites, at any time without notice. Your continued use of FHB's Site means that you accept those changes and agree to be subject to the version of the Terms of Use in effect at the time you access our website.
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