Terms of Use

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 products 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/OR 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 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 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 PacWest Bancorp ("PACW"). PACW 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 PACW.

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.