Terms and Conditions
Welcome to the Terms and Conditions of Use Agreement (the “Agreement”) for Peoples Bank of Commerce (“Peoples Bank”). This Agreement describes the terms and conditions applicable to your use of this web site (“Site”).
1. Service Terms
a. Use of Site. Peoples Bank grants you a limited revocable license to access this Site provided you do not modify or alter (other than page caching) any portion of it. The information and materials contained on this Site including but not limited to the rates, terms, conditions, and descriptions are subject to change. Not all services offered through this Site are available in all geographic areas. Your eligibility for particular services and products available and/or offered on this Site is subject to the permission granted to you by Peoples Bank and such permission shall terminate automatically if you breach any of these terms and conditions and Peoples Bank shall not be responsible for any loss to you as a result. Peoples Bank reserves the right to modify or remove any materials or products listed on the Site at any time without notice.
b. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site including all hardware, software, telephone lines, electrical and other physical requirements for your use and access to this Site, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, programs and services required to access and use the Site. Peoples Bank is not responsible for any loss, damage or injury resulting from (i) an interruption in your electrical power or telephone service; (ii) disconnection of your telephone service by your local telephone company or from deficiencies in your line quality; (iii) any defect or malfunction of your computer, modem or telephone service or any damage to your computer, software, modem, telephone or other property resulting from the use of the Site and services offered on the Site including any damage resulting from a virus.
c. Access and Security. This Site utilizes a combination of industry-approved security technologies to protect data for you. You shall be solely responsible for any authorized or unauthorized access to your Access ID, Account, and or Password as defined under the Terms and Conditions for the iConnect Online Banking Services. You agree to bear all responsibility for the confidentiality of your Password and Access ID all use, fees, or charges incurred from use of the services available on this Site with your Access ID and/or Password. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account, Access ID, and Password. You accept responsibility for all time used and all activity that occurs through or under your Account, Access ID, and Password. Peoples Bank accepts no responsibility or liability for the accuracy of the information or for failure to transmit such information in the manner requested. You agree to notify Peoples Bank immediately if you become aware of any loss, theft or unauthorized use of your Access ID, Password and/or any unauthorized access to your Account. You agree to release Peoples Bank from any liability and agree not to make any claim or bring any action against Peoples Bank for honoring or allowing any actions or transactions where you have authorized the person performing the action to use your Account, Access ID, and/or Password. You agree to indemnify and hold Peoples Bank harmless from and against any and all liability including attorney fees and costs arising out of any such claims or actions.
a. Prohibited Use of Site. You shall not use or permit the use of this Site and any of the services offered on this Site for any purpose other than as specifically authorized to carry out your banking transactions and inquiries. You shall not make any commercial use of this site or its contents, services, or descriptions unless expressly authorized by Peoples Bank. You further agree not to download or copy any information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This site and any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Peoples Bank. You agree not to interfere, disrupt or attempt to gain unauthorized access to this Site or any other computer network owned, used or licensed to Peoples Bank. You further agree not to disseminate, store or transmit viruses, trojan horses or any other malicious code or program or engage in any other activity deemed by Peoples Bank to be in conflict with the spirit or intent of this Agreement.
b. Investment Information. Any investment, market and financial information, news, analysis, opinions, and research reports as well as reference materials or links to other sites (collectively “Investment Information”), are for general information and education purposes only and are not intended to be relied upon as investment advice. Peoples Bank does not guarantee the accuracy, timeliness, completeness or correct sequencing of the Investment Information or warrant any results from your use or reliance on such information. The Investment Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. You should not construe any Investment Information, features, tools or other content available through this Site as legal, tax, investment, financial or other advice. You should consult with an attorney or financial or tax professional, regarding your specific legal or tax situation to determine whether such transaction is appropriate for you based on your individual investment needs and to verify pricing information. The Investment Information available on this Site shall not be considered a solicitation for or offering of any investment in any jurisdiction where such solicitation or offering would be illegal. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Investment Information before making any decisions based on such information. In exchange for using this Site, you agree not to hold Peoples Bank and its agents, officers, directors, employees, successors, assigns, and affiliates liable for any possible claim for damages arising from any decision you make based on Investment Information made available to you through this Site.
c. Links from and to this Site. You acknowledge and agree that Peoples Bank has no responsibility for the accuracy or reliability of information provided by linked sites. Links to external web sites are not under the control or authority of Peoples Bank. Peoples Bank does not endorse or sponsor such sites or the content, products, services, advertising, opinions, or other materials presented on such sites. Peoples Bank is not responsible for web casting, the placement of “cookies” or other transmission received from any linked site. Peoples Bank shall not be liable for any decision made or action taken by you or others based upon reliance on information or materials obtained through use of the information or content provided on the linked sites. Information on the web pages that are linked to this Site comes from a variety of sources. Peoples Bank does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Peoples Bank its agents, officers, directors, employees, successors, assigns, and affiliates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
d. Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Peoples Bank may undertake from time to time; or (iii) causes beyond the control of Peoples Bank or which are not reasonably foreseeable.
3. Ownership of Intellectual Property
a. Trademarks. The following trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are owned by Peoples Bank. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Peoples Bank. All other trademarks and service marks not owned by Peoples Bank on this Site are owned by their respective owners. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Peoples Bank Trademarks without the express written consent of Peoples Bank. Any unauthorized use terminates the permission or license granted by Peoples Bank.
* Peoples BankTM
b. Copyright Protected Works. All content contained on this Site, including but not limited to, software, images/video, photos, electronic art, animations, graphics, sounds/audio, information, data, communication programs, Internet links, electronic mail services, user interfaces, product and service listings and descriptions, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (“Site Content”) are copyright protected works exclusively owned by Peoples Bank. You agree that you will not copy, reproduce, modify, alter, upload, post, transmit, create derivative works from, distribute, or publicly display any Site Content (except for your personal non-commercial use) from the Site without the prior expressed written permission of Peoples Bank. You may download, display, or print one copy of the Site Content on any single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark, and other proprietary notices. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Peoples Bank or any third party.
4. Disclaimer of Warranties
PEOPLES BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE AND SERVICES AND PRODUCTS OFFERED ON THIS SITE “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PEOPLES BANK AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE OR THAT THE SITE WILL BE UNINTERRUPTED, ACCURATE, TIMELY, COMPLETE, OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. PEOPLES BANK DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PEOPLES BANK OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES AND PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, hold harmless and defend Peoples Bank, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (i) this Agreement; (ii) your use of this Site, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site as set forth in Section 2 (a).
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. Peoples Bank reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; and (c) terminate this Agreement.
a. Amendment. Peoples Bank shall have the right, at any time and without notice, to add to or modify the terms of this Agreement. Your access to or use of the Site after the date such amended terms are delivered to you shall be deemed to constitute acceptance of such amended terms.
b. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at their respective addresses or to such other address as either party may, from time to time, provide to the other party.
f. Law. This Agreement is made in and shall be governed by the laws of the State of Minnesota without reference to conflicts of laws.
g. Forum. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Minnesota. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Minnesota. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Minnesota and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Minnesota.
h. Process. The parties irrevocably submit and consent, and irrevocably waive any and all objections which any party may now or hereafter have, to process being served in any such suit, action or proceeding referred to in the preceding subsection pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested. No provision of this section shall affect the right of any party to serve process in any manner permitted by law or limit the right of any party to bring suits, actions or proceedings to enforce in any lawful manner a judgment issued by the state or federal courts of the State of Minnesota.
i. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
j. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
k. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the reasonable control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
l. Survival. The terms and provisions of Sections 2, 3, 4, 5, and 6 shall survive any termination or expiration of this Agreement.