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Your use of any portion of Bank of the West's Web site is subject to the following terms and conditions ("Terms"):
Governing law. You agree that your use of Bank of the West's website ("Site") is governed by the laws of the State of California and any applicable federal United States laws. For individual products and services offered by Bank of the West, 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. If you access this Site from other locations, you do so on your own initiative and you are responsible for complying with applicable local laws. Bank of the West does not represent that the materials in this Site are appropriate or available for use in all locations. Access to this Site from locations where the contents of this Site are illegal or penalized is prohibited. This Site is not intended for children under the age of 13. Please do not access or use this Site if you are under 13 years of age. By using this Site, you affirm that you are over the age of 13.
Copyright and trademark information. The trademarks, trade names, and service marks (the "Marks") used on Bank of the West's website belong to Bank of the West or to various other 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 Bank of the West's website are protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed or otherwise used without the prior express permission of Bank of the West. All Site design rights, databases and other intellectual property rights associated with the Site, whether registered or unregistered, and related goodwill, are proprietary rights of Bank of the West. Modification of any Marks or materials displayed on the Site or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Bank of the West and is prohibited.
Limitations. None of the information on Bank of the West's website may be used, distributed, or reproduced for commercial purposes without our prior express written permission. No third party is authorized to solicit Bank of the West's products or services without Bank of the West's prior express written permission. There are various restrictions, limitations, and costs associated with Bank of the West's products and services, which are disclosed in the applicable customer agreements and continue to apply regardless of any information provided in our website. Not all products and services described are available in all geographic areas.
No warranties. The materials in this Site are provided "as is." From time to time Bank of the West's website may include information from third parties, and/or links to other websites. Bank of the West does not make any warranties, express or implied, regarding any materials on this Site, any third party information or any links to other websites, and Bank of the West assumes no responsibility for the accuracy, completeness, reliability or suitability of the information provided on this Site or by third parties or information, software (if any), offers or activity found on other websites which may be linked to our Site. Any links to third-party websites are for convenience only and should not be interpreted as endorsement or approval by Bank of the West of the organizations sponsoring such third-party websites or their products or services. If you use these links, you will leave this Site. These Terms do not apply to any other websites. With respect to this Site and to third-party websites, Bank of the West does not make any warranties regarding the results of the use of the materials on this Site or on any third-party website, or that the functions contained on this Site or on any third-party website will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server which makes it available, or any third-party website, are free of viruses or other harmful components.
User-Submitted Information and Prohibited Activities. You are responsible for anything you transmit to or through this Site or to us through email, and that your transmissions will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. You must not transmit anything to or through this Site or to us through email that you consider to be confidential or proprietary. Anything that you transmit to or through this Site or to us through email will be considered to not be confidential or proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. In addition, in using this Site, you must not:
Violate or attempt to violate the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Bank of the West may investigate any suspected violation and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations;
Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity or affiliation in any way;
Restrict, discourage, or inhibit any person from using this Site, disclose personal information obtained from this Site, or collect information about users of this Site;
Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
Gain unauthorized access to this Site or computers or websites connected or linked to this Site;
Launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
Violate any applicable laws or regulations or these Terms; or
Assist or permit any persons in engaging in any of the activities described above.
You agree to indemnify, defend and hold Bank of the West, its parent companies and their respective directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site. Limitation of liability. Bank of the West disclaims liability for any and all claims, losses, costs, expenses (including attorneys' fees), and damages of whatever kind or nature including without limitation general, compensatory, special, incidental, consequential, punitive, exemplary or treble damages ("Damages") based on any theory of liability, in connection with any use of Bank of the West's website and the information contained therein, the inability to use this Site or the materials on it, the misappropriation of materials, or the loss of, or damage to, materials for any reason, even if Bank of the West has been advised of the possibility of such Damages.