Alerts You may use the Internet Banking Service to request and receive from the Bank any of the alerts made available through this Service by making alert selections within the Internet Banking Application. The Bank may add new alerts or discontinue existing alerts at any time. According to your selections, we will send alerts to the email address or mobile number you provide to us in Internet Banking. It is solely your responsibility to ensure that the email address and mobile number you provide to the Bank are current and accurate. If the email address or mobile number is not current and accurate, then you must update your email address or mobile number in Internet Banking before alerts can be delivered to the email address or mobile number again. You may choose to opt out of the alerts service at any time. However, if you choose to opt out and then decide later to opt back in to the alerts service, you must provide your email address or mobile number in Internet Banking before alerts can be delivered to the email address or mobile number again. Your failure to maintain current and accurate contact information with the Bank will prevent delivery of alerts through this Service, for which the Bank expressly disclaims any and all liability. Your receipt of any alert may be delayed or prevented by your internet service provider, telecommunications provider, or other third parties. The Bank does not guarantee either the delivery or the accuracy of the contents of any alert. The Bank will not be liable for damages of any kind arising from non-delivery or delayed delivery of an alert, the location to which an alert is delivered, inaccurate content in an alert, or your use of or reliance on the contents of any alert for any purposes. Because the balance of accounts is subject to change at any time, the information provided in any alert may become quickly outdated. Alerts are not encrypted. You acknowledge that, although the Bank may show less than the full account number for any of your accounts in an alert, the alert may include personal information about your accounts. Depending on where you instruct the Bank to send your alerts, anyone with access to your email or eligible Mobile Device may be able to view the contents of these alerts. The services are separate and apart from any other charges that may be assessed by your wireless carrier for text messages sent to or received from Community Trust Bank, Inc. You are responsible for any fees or other charges that your wireless carrier may charge for any related data or message services. Any cause of action concerning the Internet Banking Services under this Agreement must be commenced within one year after such cause of action has occurred.
Information Supplied None of the information provided by the Company for inclusion or incorporation by reference in (a) the registration statement on Form S-4 to be filed with the SEC by Parent in connection with the issuance of Common Units in the Merger (including any amendments or supplements, the “Form S-4”) will, at the time the Form S-4 becomes effective under the Securities Act, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading or (b) the proxy statement relating to the Stockholders’ Meeting (the “Proxy Statement”) will not, at the date it is first mailed to the Company’s stockholders and at the time of the Stockholders’ Meeting, contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The Proxy Statement and the Form S-4 (solely with respect to the portion thereof relating to the Stockholders’ Meeting, and then, excluding any portion thereof based on information supplied by Parent or Merger Sub for inclusion or incorporation by reference therein, with respect to which no representation is made by the Company or any of its Subsidiaries) will comply as to form in all material respects with the requirements of the Securities Act and the Exchange Act and the rules and regulations promulgated thereunder. Notwithstanding the foregoing provisions of this Section 3.12, no representation or warranty is made by the Company with respect to information or statements made or incorporated by reference in the Form S-4 or the Proxy Statement that were not supplied by or on behalf of the Company.
