Governing law. Your use of the Site is governed by the laws of the State of California and any applicable United States federal laws. For individual products and services offered by Gateway Bank, the applicable customer agreements and disclosures may specify that the laws of another jurisdiction will govern your use of the account and/or service, in which case the terms of those disclosures and agreements will continue to apply.
Copyright & Trademark Protection. The materials displayed on the Site are protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, or performed without the prior express permission of Gateway Bank. You do not acquire any ownership rights by downloading copyrighted material. Moreover, the trademarks, trade names, and service marks (the ‘”Marks”) used on the Site belong to Gateway Bank 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. For example, you may not use any of the Gateway Bank trademarks as a link to the Site except pursuant to a written trademark license agreement.
Restrictions on Use. None of the information on the Site may be used, distributed, or reproduced for commercial or public purposes without our prior express written permission. No third party is authorized to solicit Gateway Bank’s products or services without our prior express written permission. Finally, unauthorized use of the Site and its systems including but not limited to unauthorized entry or attempted entry into password protected and/or secure areas of the Site, its systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.
Limitations on Information and Materials. Not all products and services may be available in all geographic areas. In addition, there are various restrictions, limitations, and costs associated with Gateway Bank’s products and services, which are disclosed in the applicable customer agreements and which will continue to apply regardless of any information provided in the Site.
Disclaimer/Limitations of Warranty or Liability. THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT NEITHER GATEWAY BANK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, GATEWAY BANK IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW,GATEWAY BANK WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM, EVEN IF GATEWAY BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes. Gateway Bank reserves the right to change the Terms, or the content of any portion of the Site at any time without notice. Your continued access of the Site will be subject to the Terms in effect at the time you access the Site.
Indemnification. You agree to defend, indemnify and hold harmless Gateway Bank, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of the Terms or misuse of this Site, including such violation or misuses conducted by your employee or agent, if applicable.
Electronic Signature Policy. Gateway Bank does not allow its officers, employees or agents to enter into any agreement or obligation by email or any other electronic means without a specific written authorization to do so. Any agreement or obligation entered into in violation of this policy shall not be legally binding, valid or enforceable under the federal E-sign Act or any state counterpart or electronic signature laws of any other country.
Waiver/Severability. A waiver of any provision contained in these Terms shall not be deemed to be a waiver of any other right, term or provision of these Terms. If any provision in these Terms becomes wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
Protecting Children’s Privacy Online. From our web site, we do not knowingly collect or use personal information from children under 13 without obtaining verifiable consent from their parents. Should a child whom we know to be under 13 send personal information to us, we will only use that information to respond to that child, seek parental consent, or provide parental notice. We are not responsible for the data collection and use practices of non-affiliated third parties to which our web sites may link. For more information about the Children’s Online Privacy Protection Act (COPPA), please visit the FTC web site: www.ftc.gov.
Unsolicited E-Mail. Gateway Bank does not send unsolicited e-mail messages or place pop-up advertisements that request personal borrower or depositor information such as your Gateway Bank account number(s) or account password(s), or your social security number. If you receive an e-mail requesting your personal information from someone claiming to be a representative of Gateway Bank, and you did not originate the message, do not respond. If you see a pop-up advertisement for Gateway Bank that requests personal information, do not click the advertisement. You need to call the Bank at 510.268.8108 immediately to report the contact.
Keeping your account information safe. Your Login ID and Password are confidential and you should exercise care when using them. Don’t make your password something easily determined by an unauthorized person. Never lend your Login ID or Password to anyone and never write it on your PC or computer materials. Never accept advice from strangers while you are using your Login ID and Password. Beware of fraudulent request for your password by someone posing as a Bank employee. A Bank employee would never ask for this information! Never use a “Save Password” feature if offered by your browser. (This is a feature available on Microsoft Explorer 5.0). This would allow anyone who opens your browser access to your account information without needing a password.