WEB SITE GENERAL TERMS AND CONDITIONS; DISCLAIMERS
Accessing the Mountain West Bank World Wide Web Site
Terms and Conditions of Usage
Mountain West Bank and its subsidiaries (collectively called "Mountain West Bank") require that all visitors (collectively called "User") to its site(s) on the World Wide Web (the "Site") adhere to the following rules and regulations, and such other service agreements, if any, required by Mountain West Bank for specific services or Products (the "Service Agreements"). By accessing the Site, User indicates User's acceptance of and agreement to these terms and conditions, as amended, and each amendment thereto from time to time by Mountain West Bank (the "Web Site Rules").
1. SERVICES.
Mountain West Bank may provide or make available to User various financial, insurance, and investment services and information services (the "Services"), and other Materials and Products, and related data available through the Site, or by linkage to other Internet sites, either directly or indirectly by various third party providers (the "Data Providers"). However, neither Mountain West Bank nor Data Providers can guarantee the Service, Products, or Materials. There may be delays, omissions, or inaccuracies in any Product, Material or Service.
2. GENERAL DISCLAIMER.
Mountain West Bank does not represent or endorse the accuracy or reliability of any information, content or advertisements (the "Materials") contained on, distributed through, or linked, downloaded or accessed from the Site, except as otherwise expressly stated in any applicable Service Agreement, nor the quality of any Software or other products, information or other materials displayed, purchased, or obtained by User as a result of any advertisement or any information or offer in or in connection with the Service or the Site (the "Products"). User acknowledges that any reliance upon any Service, Product, or Materials shall be at User's sole risk, except as otherwise required by applicable consumer protection law. Mountain West Bank reserves the right, in its sole discretion and without any obligation, to correct any error or omission in any portion of any Service, Product, or Materials.
3. COPYRIGHT & TRADEMARKS.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Mountain West Bank and other parties. Users are prohibited from using any Marks without the written permission of Mountain West Bank or such third party that may own the Marks. All content on the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Site for any commercial, public, or unlawful purpose.
PRODUCTS AND SERVICES.
This website, and the products and services that are described or offered through the website, can be amended in whole or in part or terminated at any time. Users of the website shall have no right to expect the continuation of any part of the website nor any products and services that are described or offered through the website. Some products and services may not be available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by Glacier Bank.
4. TRANSMISSION OF DATA.
User acknowledges and agrees that, by providing Mountain West Bank with any personal or proprietary User information through the Site, User consents to the transmission of such personal or proprietary User information to Mountain West Bank, its agents and processors over state and international borders as necessary for processing in accordance with Mountain West Bank's standard business practices.
5. HYPERLINKS.
Hyperlinks to other Internet resources are to be used by you at your own risk. When you leave Mountain West Bank's website to use the services of, or complete transactions with an independent third party service provider, your use of the their site and service will be governed by the terms of use of the provider of the linked website. Mountain West Bank is not responsible for the product, service or overall website content available at a third party site. The content, accuracy, opinions expressed and other links provided by these resources may not be investigated, verified, monitored by Mountain West Bank, and such links are not endorsed by Mountain West Bank unless otherwise specifically stated. You are advised that Mountain West Bank's Privacy Policy does not apply to linked websites and you should consult the privacy disclosure on that site for further information.
6. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES.
Mountain West Bank maintains procedures designed to protect confidential information about User and User's use of Mountain West Bank's Products and Services. It is Mountain West Bank's practice not to share confidential information about User outside Mountain West Bank owned companies, except as otherwise disclosed and agreed to herein or in any other Service Agreement Mountain West Bank may have with User.
Mountain West Bank may access information about User and User's credit account, deposit account or other account (collectively called "Account") and related paper-based or electronic communications, records and data in transmission or storage with Mountain West Bank and Mountain West Bank's authorized agents (collectively called the "Information") or release such Information to third parties outside Mountain West Bank owned companies only: (a) when Mountain West Bank is required to share such Information under applicable law or to comply with government agency orders or court orders, (b) when Mountain West Bank is legally permitted to share such Information to better serve User's interests, including, without limitation: (i) when necessary or incidental to providing Mountain West Bank's product or service, (ii) to report on or verify the existence and conditions of User's Account to third parties such as credit bureaus, (c) to monitor or address legitimate business concerns in Mountain West Bank's services or products, (d) to protect Mountain West Bank's rights or property, or (e) for other purposes with User's consent. For example, Mountain West Bank may provide such Information about User or User's Account to check and credit reporting agencies and may obtain information from such agencies at any time for any lawful purpose.
User has the right to prohibit Mountain West Bank from sharing Information to the extent permitted by applicable state and federal law. If User would like to exercise this right of prohibition, please write to Mountain West Bank at: Mountain West Bank, P.O. Box 1059, Coeur d’Alene, ID 83816-1059 and include User's name as it appears on User's Account, social security number, Account number, telephone number, and sign and date User's correspondence. Unless User has exercised User's right to restrict the sharing of this Information, User specifically allows Mountain West Bank to share such Information about User and User's Account with authorized agents.
7. NO WARRANTIES.
USER AGREES THAT NEITHER MOUNTAIN WEST BANK NOR ANY DATA PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY OR TIMELINESS OF THE SERVICE OR PRODUCT OR THE ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE MATERIALS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE PRODUCTS, MATERIALS OR THE SERVICE, OR FOR INTERRUPTION OR DELAY OF ANY DATA, MATERIAL, OR ANY OTHER ASPECT OF THE SERVICE. THIS SERVICE AND ALL PRODUCTS ARE PROVIDED "AS IS". THERE IS NO IMPLIED WARRANTIES OF MERCHANTABILITY, NO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR USE, NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS, OR ANY ASPECT OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS AND ORDER EXECUTION), EVEN IF MOUNTAIN WEST BANK HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER'S COMPUTER EQUIPMENT OR RELATED SOFTWARE.
8. LIMITED LIABILITY.
IN NO EVENT WILL MOUNTAIN WEST BANK OR ANY DATA PROVIDER BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THESE WEB SITE RULES OR ANY APPLICABLE SERVICE AGREEMENT, EVEN IF MOUNTAIN WEST BANK OR SUCH DATA PROVIDER HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF THE MOUNTAIN WEST BANK FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT USER ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS, OR THE AMOUNT USER PAID TO MOUNTAIN WEST BANK AS TRANSACTION COMMISSIONS IN THE TWO (2) MONTHS PRIOR TO THE DATE THE CLAIM(S) FIRST AROSE, BUT IN NO EVENT SHALL SUCH LIABILITY EXCEED ONE HUNDRED US DOLLARS (US$100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO USER. NO ACTION REGARDLESS OF FORM ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
9. INDEMNITY.
User agrees to indemnify and hold Mountain West Bank and Data Providers harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, attorneys' fees) arising from User's violation or breach of these Web Site Rules, any Service Agreement, any third party's rights, including, but not limited to, copyrights, proprietary and privacy rights, or any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of these Web Site Rules or any applicable Service Agreement.
10. TERMINATION OF SERVICE.
Mountain West Bank reserves the right to deny or terminate User's access to the Site, any Service, Product, or Material, or any portion thereof, in Mountain West Bank's sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, upon User's breach of any provision of these Web Site Rules or any applicable Service Agreement or discontinuance of Mountain West Bank's access to any Product, information or data or Material from any Data Provider. In the event of any termination by Mountain West Bank, Mountain West Bank and the Data Processors shall have no liability to User.
11. CHANGE IN WEB SITE RULES.
Mountain West Bank reserves the right to revise these Web Site Rules at any time, effective upon sending a notice of the changes to User's postal or e-mail address maintained in Mountain West Bank's records, and User is deemed to be apprised of and bound by any changes to these Web Site Rules unless User notifies Mountain West Bank of User's objection to and refusal to accept the changes by sending writing notice of such objection to Mountain West Bank at its address in Section 6 above. However if User continues to access the Mountain West Bank Web Site, such use shall constitute User's acceptance and agreement to the changes in the Mountain West Bank Web Site Rules, notwithstanding any written notice of objection to the contrary.
12. APPLICABLE LAW; FORUM.
User's access to and use of the Site, the Service, Products, and Materials are subject to and shall be governed by and construed in accordance with all applicable federal laws of the USA and applicable laws of the State of Idaho and local governmental entities. Mountain West Bank and User irrevocably consent to the exclusive jurisdiction of the courts of the State of Idaho, and the federal courts situated in the State of Idaho in connection with any action arising under the Service, or in connection with any Products or Materials, or relating to these Web Site Rules or any applicable Service Agreement.
13. ADDRESSES; NOTICES.
User agrees that if Mountain West Bank needs to contact User or send User any written (paper-based) information (such as notices, Account statements, checks payable to Users, or other communications), Mountain West Bank can do so by mail addressed to User at the postal service address in Mountain West Bank's records or, at Mountain West Bank's option, by electronic communication(s) either authorized by User or permitted by law and transmitted by Mountain West Bank to User's e-mail address in Mountain West Bank's records. Unless the communication states another effective date, any paper-based communication Mountain West Bank sends to User is effective when mailed to User's postal service address by delivery to the mail service provider, and any electronic communication Mountain West Bank sends to User is effective when transmitted by Mountain West Bank to User's e-mail service provider. User must notify Mountain West Bank promptly in writing, or by e-mail with written confirmation mailed within five (5) days, if User changes User's postal service or e-mail address or if User's e-mail service provider is no longer providing e-mail service for User. In no event shall Mountain West Bank have any responsibility, and User hereby release Mountain West Bank from all claims and liabilities, for any actions or omissions by User or User's e-mail service provider in handling e-mail to or from User, or for any failure in computer hardware, software, or communications lines not maintained by Mountain West Bank or under Mountain West Bank's control.
14. ELECTRONIC AUTHENTICATION OR SIGNATURE; ELECTRONIC RECORDS.
At Mountain West Bank's option Mountain West Bank may adopt or accept commercially reasonable authentication procedures and/or electronic signatures to: (a) verify the identity of a sender of Electronic Records, (b) determine the Electronic Record has not been altered during electronic transmission or storage, and (c) authenticate the sender's Electronic Signature and attribute the Electronic Record to such sender. Each party hereto may adopt as its signature an electronic identification consisting of symbol(s) or code(s) ("Electronic Signatures"), which may be affixed or contained in electronic agreements, records or data ("Electronic Records") transmitted by User or Mountain West Bank to the other party. Such Electronic Signature so affixed to or contained in any Electronic Record shall be sufficient to verify the originating party and to evidence such party's acceptance of and agreement to be bound by the terms and conditions of such Electronic Record. Neither party shall disclose to any unauthorized person the confidential Electronic Signatures of the other party.
