
PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY.
BY
ACCESSING THIS WEBSITE, ANY OF ITS RELATED PAGES OR LINKED SITES (THE "SITE"),
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE MAY POST CHANGES TO THESE TERMS AND CONDITIONS OR THE
SITE FROM TIME TO TIME.
IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT FURTHER ACCESS
THE SITE AND IMMEDIATELY EXIT IT.
Use
of the Site. Pacific
Western Bank ("PWB") maintains the Site to (1) provide you with information about
its products and services, (2) allow you access to your accounts, and (3)
provide you with access to other information and materials which may be of
importance or assistance to you. PWB
reserves the right to change these Terms of Use, in whole or in part
without prior notice, subject to any applicable laws or regulations or as
agreed in writing. PWB makes every
effort to post accurate and updated information on the Site, but we make no
representations or warranties regarding such information. (See, Limitations
on Liability< below.) The Site may contain links to websites of third parties
not affiliated with PWB ("a Linked Site"). PWB disclaims any liability for any information available or
listed in a Linked Site. PWB
reserves the right to modify or terminate this Site, any product or service
available through the Site, any Linked Sites available through the Site and
your access to the Site, in whole or in part, at anytime with or without prior
notice.
Restrictions
on Use. None of the information on the Site
may be used, distributed, or reproduced for any purpose without PWB’s prior
express written permission. No
third party is authorized to solicit PWB’s products or services, through the
Site or otherwise, without PWB’s prior express written permission. Unauthorized use of the Site and its
systems including without limitation unauthorized entry or attempted entry into
password protected and/or secure areas of the Site and its systems, misuse of
passwords, or misuse of any information posted on the Site is strictly
prohibited.
Product
Limitations. All products and
services offered by PWB are subject to PWB's terms and conditions, disclosures,
additional restrictions, limitations, expenses and costs, as amended from time
to time, which are more fully disclosed in the applicable customer agreements,
all of which apply, take precedence over and control regardless of any
information provided on the Site. All
such disclosures, terms and conditions are available at PWB's branches. Special promotional items and materials
are also subject to applicable terms and conditions and are generally available
while supplies last. All product
and services, or promotional items may not be available at all banking
locations. In addition, you may
not be eligible for all products, services or promotional items. PWB reserves the right to determine the
eligibility of applicants for any product, service or promotional items based
on its applicable policies and procedures, as well as applicable laws, rules and
regulations, all which may be amended from time to time.
Site
Access Limitations. Access to the Site may from time to
time be unavailable, delayed, limited, or slowed due to, among other things:
overload of system capacities; hardware failure, including among other things
failures of computers (including your own computer), servers, networks,
telecommunication lines and connections, and other electronic and mechanical
equipment; software failure, including among other things, bugs, errors,
viruses, configuration problems, incompatibility of systems, utilities, or
applications, the operation of firewalls or screening programs, unreadable
codes, or irregularities within particular documents or other content; damage
caused by severe weather, earthquakes, wars, insurrection, riots, civil
commotion, acts of God, accident, fire, water damage, explosion, mechanical
breakdown, or natural disasters; interruption (whether partial or total) of
power supplies or other utility of service; strike or other stoppage (whether
partial or total) of labor; governmental or regulatory restrictions, exchange
rulings, court or tribunal orders, or other human intervention; or any other
cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond
the control of PWB.
No Warranty. THE INFORMATION AND MATERIALS
CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE
PROVIDED "AS IS", "WHERE IS" AND "WHERE AVAILABLE" TO THE
USER, WITH NO WARRANTIES OF ANY KIND OR NATURE. BECAUSE OF THE POSSIBILITY OF HUMAN, MECHANICAL OR
TECHNICAL ERROR, AS WELL AS OTHER FACTORS, PWB DOES NOT WARRANT THE ACCURACY,
ADEQUACY OR COMPLETENESS OF ANY INFORMATION AND MATERIALS CONTAINED IN THIS
SITE AND PWB EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS (INCLUDING TYPOGRAPHICAL
ERRORS) OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED,
EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION
WITH SUCH INFORMATION AND MATERIALS.
PWB DISCLAIMS
ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR
ANY PARTICULAR PURPOSE. FURTHER, PWB WILL NOT BE LIABLE FOR ANY DELAY,
DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE,
OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND
FILES AND THE USER'S BROWSER OR OTHER SITE-ACCESSING PROGRAM. NOR WILL PWB BE
LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND
PWB'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
Limitation
of Liability. EXCEPT AS EXPRESSLY
PROVIDED HEREIN OR UNDER APPLICABLE LAW, PWB IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY
DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO
USE OF THE SITE. UNDER NO
CIRCUMSTANCES WILL PWB BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, ECONOMIC, PUNITIVE, OR EXEMPLARY
DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE OF THE SITE OR ANY
PORTION THEREOF, WHETHER CLAIMED BY YOU OR A THIRD PARTY CLAIMING THROUGH YOU
AND REGARDLESS OF WHETHER PWB HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH
DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
NOTHING
HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING PWB'S RESPONSIBILITIES AND
OBLIGATIONS IN ACCORDANCE WITH APPLICABLE FEDERAL OR STATE LAWS AND
REGULATIONS.
Trademarks. PACIFIC WESTERN BANK and the Pacific Western
Bank logo are trademarks of First Community Bancorp ("FCB").
FCB also claims trademark and service mark rights in other marks contained in
this website. Other words and marks used to identify the source of goods and
services are the trademarks of their respective owners. You may download information and print
out hard copies of any material from the Site for your personal use. Except as otherwise expressly stated, such
material may not be copied, displayed, performed, distributed, licensed,
framed, downloaded, modified, published, reposted, sold, transmitted, stored for subsequent use, or otherwise
used, in whole or in part in any manner for any other use, without the prior
written consent of FCB.
Enforceability,
Governing Law and Jurisdiction. In the event
that any of the terms and conditions stated herein are deemed to be
unenforceable, the remaining terms and conditions shall remain in full force
and effect. Regardless of where
you access the Site, live or work, you agree that these Terms of Use will be governed under the laws of
the State of California, without regard to its principles of conflicts of law,
except as governed by applicable federal law. Unless otherwise provided in writing, you consent to the
exclusive jurisdiction of the state and federal courts located in the Central or
Southern Districts of California. You
further agree that if you access the Site in any jurisdiction where PWB does
not have an office that PWB will not be subject to the courts of those
jurisdictions simply by virtue of your accessing the Site in such jurisdictions.
Indemnification. You agree to indemnify, defend and hold PWB, its
employees, officers, directors, agents, contractors, and their affiliates and
their respective employees, officers, directors, agents, contractors harmless
from and against any and all liability, loss, claim and expense (including
reasonable attorney's fees and costs) arising out of or in any way connected to
your access to, use of, or misuse of the Site. |