Last updated May 22, 2015
Bank of the West appreciates your interest in the Bank of the West Blog, available at blog.bankofthewest.com (the “Page”). By accessing or using the Page, you agree to comply with these terms and conditions (the “Terms”). If you do not agree to the Terms, do not access or use the Page.
We may change these Terms from time to time by posting the revised Terms at this URL; you can determine when we last revised these Terms by referring to the “LAST UPDATED” legend above.
The Bank’s Page is not intended for children under the age of 13. Please do not access or use our Page if you are under 13 years of age. By using our Page, you affirm that you are over the age of 13.
Materials on the Page
The information and materials available and displayed on the Page, which may include, without limitation, content, information, photographs, graphics, audiovisual materials, software (e.g., applications in Page tabs), links, and comments (collectively, the “Page Materials”), do not necessarily reflect the opinions and views of Bank of the West. We are not responsible or liable for, and do not represent or warrant the accuracy of, any Page Materials. Page Materials may not be reliable and you should not make any decision or take any action based on Page Materials, particularly those whose reliability you cannot confirm independently.
Your Posts to the Page
We encourage you to interact with other users on the Page by posting your own comments. However, please keep in mind that the Page is a public forum and that any information or materials you post to the Page will be publicly available; therefore, please do not disclose any personal, financial, or other sensitive information on the Page. If you choose to post to the Page, you grant Bank of the West and its designees a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the information and materials you post. Also, if you choose to post to the Page, we expect that your posts will be courteous and on-topic, and that you will not post any of the following materials or links thereto: (a) defamatory, fraudulent, misleading, abusive, hateful, threatening, or harassing materials; materials that are obscene or contain profanity; (b) solicitations for commercial activities or other statements that do not generally relate to the designated topics of the Page; (c) personally identifiable information, such as phone numbers, addresses, or account numbers; (d) materials that may violate the law or any intellectual property, copyright, publicity, or privacy rights; (e) chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; and (f) files or links that contain viruses or other materials that may interfere with the operation of or harm any computer, network, or equipment; or materials that are unrelated to Bank of the West (collectively, “Unsuitable Content”). None of your postings will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part, and we will not be liable for any use or disclosure of such postings. Please note that by posting comments, posts, tagged photos, videos, ideas, or any other content on the Page, you are granting us a nonexclusive, worldwide rights to republish, redistribute, or otherwise use this content in perpetuity in any way we see fit. This includes, but is not limited to, marketing and advertising materials.
Monitoring, Deleting, and Blocking
We reserve the right, but are not obligated, to monitor and, in its sole discretion, to delete any materials and postings (which may include Unsuitable Content) or to block users who have posted materials or acted in a manner, in each case, that we believe to be unsuitable for the Page. We also reserve the right to disclose any posting, the circumstances surrounding its transmission, and the identity of the poster, including without limitation in order to operate the Page properly, to protect Bank of the West, its affiliated companies, and other Page users, and to comply with legal obligations or governmental requests.
Questions about Our Products or Services
The Page is not the best way to inform us if you need assistance with one of our products or services. To reach Bank of the West Customer Service, call 1-800-488-BANK (2265), TDD 1-800-659-5495 or email us here. As a reminder, please do not post any of your specific account details or other personal information. We will never ask you to provide this type of information through this site or any other type of public channel. We are not responsible or liable for any information it provides in response to, or any failure or delay in responding to, any questions, comments or other materials posted to this Page.
The trademarks, trade names, and service marks (the “Marks”) used on the Page belong to Bank of the West or to various other parties. Nothing contained on the Page grants or should be construed as granting any license or right to make commercial use of any Bank of the West or third party Marks without such party’s prior written permission. 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 content and materials displayed on the Page 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 our prior express written permission. All Page design rights, databases and other intellectual property rights associated with the Page, whether registered or unregistered, and related goodwill, are proprietary rights of Bank of the West. Modification of any Marks, content or materials displayed on the Page or the use of any content or materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Bank of the West and is prohibited. None of the information on the Page may be used, distributed, or reproduced for commercial purposes without our prior express written permission.
The content provided on our sites is owned or licensed by Bank of the West, unless otherwise indicated. This is a license grant, not a transfer of title, and under this license you may not: (a) modify or copy the Page Materials except as otherwise provided; (b) use the Page Materials for any commercial purpose, or for any public display (commercial or non-commercial); (c) remove any copyright or other proprietary notices from the Page Materials; or (d) transfer the Page Materials to another person or “mirror” the materials on any other server or system.
Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contest, raffles, and other promotions made available through the Page (“Promotions”) may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. With respect to any Promotion, in the event of any conflict between the terms and conditions of a Promotion and these Terms, the Promotion terms and conditions shall govern.
Violate or Attempt to Violate the Security of this Page
Any such violations may result in criminal and/or civil penalties against you. We may investigate any suspected violation and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Under no circumstances shall you: (a) misrepresent your identity or affiliation in any way; (b) restrict, discourage, or inhibit any person from using this Page, disclose personal information obtained from this Page, or collect information about users of this Page; (c) reverse engineer, disassemble or decompile any section or technology on this Page, or attempt to do any of the foregoing; (d) gain unauthorized access to this Page or computers or websites connected or linked to this Page; and (e) launch or use any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that access this Page 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.
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the Page or any Page Materials. Your access to and use of the Page and the Page Materials is at your own risk. All Page Materials are provided “AS IS” and we are not responsible for their use or misuse. Access to the Page from locations where the Page or the Page Materials may be illegal is prohibited, and you are responsible for compliance with applicable local laws.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE PAGE OR PAGE MATERIALS FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON); (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE PAGE OR ANY PAGE MATERIALS; (D) WARRANTIES RELATING TO THE OPERATION OF THE PAGE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS); (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (F) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. BANK OF THE WEST AND ITS PARENT, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS (COLLECTIVELY WITH BANK OF THE WEST, THE “BANK OF THE WEST ENTITIES”) DO NOT WARRANT THAT YOUR USE OF THE PAGE OR PAGE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGE OR THE SERVER(S) ON WHICH THE PAGE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE PAGE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PAGE AND THE PAGE MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BANK OF THE WEST OR ANY OTHER BANK OF THE WEST ENTITY, OR OF ANY FAN, USER, OR VISITOR OF OR TO THE PAGE, WHETHER MADE ON THE PAGE OR USING ANY PAGE MATERIALS (SUCH AS SOFTWARE AVAILABLE THROUGH THE PAGE), SHALL CREATE ANY WARRANTY.
Limitation of Liability
NEITHER BANK OF THE WEST NOR ANY OTHER BANK OF THE WEST ENTITY, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PAGE, MARKS, ANY PAGE MATERIALS, OR ANY SITE OR SERVICE LINKED FROM THE PAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE FOREGOING IS TO STOP USING THE APPLICABLE PAGE, CONTENT, OR SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BANK OF THE WEST FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO BANK OF THE WEST TO ACCESS THE PAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify Bank of the West and our affiliates and agents from any third-party lawsuits, claims, demands, damages, liabilities, and costs and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Page, or your breach or alleged breach, of the covenants, representations or warranties of these Terms.
Third Party Links
Linking to the Page
You may create links to this Page from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent our written authorization otherwise, a website that links to this Page: (a) may link to, but shall not replicate, any content of the Page (including any Bank of the West logo or Mark); (b) shall not create a browser or border environment around any content of the Page; (c) shall not imply that we endorse such website or any products, services, or content available through such website; (d) shall not present false or misleading information about us, our products, or its services; (e) shall not contain content that could be construed as distasteful, offensive, or controversial; and (f) shall contain only content that is appropriate for all age groups.
Your accessing of our Page in no way shall be deemed to create an agency or employee-employer relationship of any kind between you and Bank of the West, nor do these terms extend rights to any third party. You also agree that in the course of your accessing and using our Page, that no relationship is formed between yourself and Bank of the West that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.
Governing Law; Jurisdiction
You agree that your use of the Page is governed by the laws of the State of California and any applicable federal United States laws. You agree that any dispute or claim against us, our parent or our affiliates arising out of or relating to these Terms or your use of, or access to, the Page shall be resolved in a state or federal court located in the State of California and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.