Website Terms and Conditions

1 

Website Content

The materials and information posted on this Site are provided by the Bank as a service to its customers and may be used for informational purposes only. We do not assume any liability for the accuracy or completeness of information presented on our Site. While we will make all reasonable efforts to provide accurate information on our Site, there is no guarantee or warranty of accuracy. Use of the content posted on our Site is at your own risk.

Nothing contained on the Site or any page of the Site takes precedence over the Bank's agreements and disclosures that govern the banking and other financial products and services the Bank offers (such as deposit accounts or the Bank’s various lending products) (the “Financial Services”). While these Terms govern your use of the Site, separate agreements and disclosures govern the Financial Services offered by the Bank. You agree that these Terms shall only govern your use of the Site and not Financial Services. If any information on this Site or these Terms conflicts with the bank's agreements and disclosures which govern Financial Services, the agreements and disclosures applicable to Financial Services will govern.

We reserve the right to change the content and any and all information on the Site at our discretion, and at any time, without notice. Changes may include revisions to promotional offers and campaigns, including termination of the same. Bank will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period of time. Bank also reserves the right to modify these Terms at any time without notice. Changes to these Terms will be effective when updated versions are posted to the Site. You agree to be bound by the terms and provisions contained in the most recent version of these Terms posted to the Site.

Without limiting the foregoing, we reserve the right, but shall have no obligation, to reject, move, or delete content that we, in our sole discretion, believe may interfere with the operation of the Site or which otherwise violates these Terms, including but not limited to, content which contains viruses. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums on the Site where information is communicated or posted by you or the Bank or review content, or messages posted on the Site (to the extent applicable), to confirm their compliance with these Terms.

2

Privacy

Your use of the Site is also subject to the Bank’s Online Privacy Policy. Please review our Online Privacy Policy for more information regarding our use of information collected through the Site and the Bank’s data collection practices. If you do not agree with our privacy policies you may not use this Site.

3

Login Security

The Site includes certain webpages or systems that may allow users to apply for Financial Services with the Bank online and to communicate and share information directly with the Bank and Bank personnel (the “Interactive Services”). You may be required to create login credentials and provide security information to the Bank to access the Interactive Services, such as a username, password, first and last name, an email address, mobile phone number and/or other security information used to verify your identity (collectively, “Credentials”). In instances where you are required to create Credentials to access Interactive Services, the following terms and conditions will apply. Upon creation of Credentials, you must treat such Credentials as confidential and agree not disclose them to any other person or entity and to take other reasonable precautions to ensure the safety, security and integrity of the Credentials. NOTE: Some browser software may store Credentials to facilitate the future use of a web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature. You also agree not to provide any other person with access to the Interactive Services using your Credentials. You assume all risks and losses associated with your Credentials. If you believe there was any unauthorized access to, use of or attempted access to or use of your Credentials or any other breach of security, you should notify the Bank and must immediately reset and update your Credentials. For security reasons we may disable your Credentials, for example if they are entered incorrectly several times. We have the right to disable any Credentials at any time and without prior notice to you.

Any transactions or communications resulting from your instructions in an Interactive Service which we receive in your name and under your Credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of transactions under your Credentials shall be deemed to have been “signed” and to constitute an “original” when printed from records established and maintained by us or our authorized agent in the normal course of business.

4

Intellectual Property

You acknowledge and agree that all software, content, information and other materials used by us in operation of the Site, and the copyright, patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics and trademarks included by us on the Site, and our name, product name and the Site’s URL (collectively “Intellectual Property”) are the property of the Bank or its licensors and suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of your use of the Site. We do not grant you any licenses, express or implied, to the Intellectual of the Bank or our licensors except as expressly authorized by these Terms. You agree to observe and abide by all laws applicable to Intellectual Property when using the Site.

Furthermore, you may not copy, duplicate reproduce, modify, publish, upload, post, transmit, sell, store for use or distribute any of the Intellectual Property located or found on our Site except as permitted by these Terms. You agree to prevent any unauthorized copying of Intellectual Property. Misuse of any Intellectual Property posted or located on our Site is strictly prohibited.

Further, you may not: (a) create derivative works of any portion or element of our Site or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) modify or erase any copyright or trademark notice we place at our Site or which is otherwise located on Intellectual Property; (d) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the Site or a list of our content or Site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots” or “bots”) to systematically access and download data; (e) access the Site by any means other than via our Site in accordance with these Terms; (f) frame our Site or any Intellectual Property; or (g) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or other Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

5

Prohibited Use

You must use this Site strictly in accordance with these Terms, applicable rules and internal policies of the Bank (to the extent applicable), and all applicable laws, rules and regulations. As a condition of your use of the Site you acknowledge and agree that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You further agree that you will not use the Site in any way that would:

• Infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

• Be fraudulent, involve the sale of counterfeit or stolen items, or which otherwise attempts to gain unauthorized access to any account, computer systems or networks through hacking, phishing, social engineering, malware, password mining or other means, including but not limited to, use of the Site to impersonate another person or entity;

• Violate, intentionally or unintentionally, any applicable local, state, federal or international law, these Terms or any policies and procedures of the Bank;

• Be false, misleading or inaccurate;

• Create liability for us or our affiliates or service providers;

• Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; or

• Damage, disable, overburden, or impair the Site or which otherwise interferes with the operation of the Site or any other party's use and enjoyment of the Site.

6

Procedure for Making Claims of Infringement

Bank has a procedure for responding to notice of copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA). If you believe your copyright or other intellectual property right is or has been infringed by material available on our website, provide written notice to the following:

​

Liberty Bank, NA,

ATTN Customer Service

355 S. Grand Ave, Ste. 2825

Los Angeles, CA 90071

Your written notice must be signed under penalty of perjury and include: (1) your electronic or physical signature; (2) identify the copyrighted work or other intellectual property alleged to have been infringed; (3) the location of the copyrighted work or other intellectual property alleged to have been infringed (sufficiently to enable the Bank to locate the content); (4) your contact information (address, telephone number and email address); (5) your statement that you believe in good faith that use of the content is not authorized by the owner, the owner’s agent or applicable law; (6) include a statement that the content of your written notice is accurate; and (7) a statement that you are the copyright or other intellectual property right owner or that you are authorized to act on behalf of the copyright or other intellectual property right owner

8

Linked Third Party Sites

For your convenience, the Site may provide you with or contain links to other websites (“Linked Sites”) and you may access Linked Sites from our Site. The Linked Sites are not owned or controlled by the Bank and Bank is not responsible for the content or any information included on any Linked Sites, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. When you click on a link to a Linked Site, you are leaving the Site and are directed to another website owned and controlled by a third party. If you decide to access any of the Linked Sites from links provided on the Site, you do this entirely at your own risk. Users assume all responsibility when they go to other Linked Sites via the links within our Site.

The inclusion of any link to a Linked Site does not imply an endorsement or guarantee by Bank of the Linked Sites or of the companies and owners of the Linked Sites. We make no representation or warranty regarding the accuracy of the information contained in Linked Sites. The products and services offered by owners or operators of Linked Sites are not products of the Bank and we make no representation or warranty and assume no responsibility as to whether they are insured by any governmental agency such as the Federal Deposit Insurance Corporation (FDIC). Be aware that the security and privacy policies on Linked Sites may be different from our policies so please read third party privacy and security policies applicable to Linked Sites closely. Once you leave our Site, Linked Sites may not have the same privacy or security policies as we have for this Site. If you have any questions or concerns about the products and services on Linked Sites, please contact the third party directly. We suggest that you always verify the information obtained from Linked Sites before acting upon this information. Bank reserves the right to add or cancel Linked Sites at any time.

You acknowledge and agree that: (i) you access any Linked Sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, content on a Linked Site or the actions or omissions of the owners, operators or providers of a Linked Site; (iii) we make no endorsement of, and assume no responsibility for, content uploaded to any Linked Sites or goods or services offered on or advertising on or by any Linked Sites; (iv) by using Linked Sites you may be exposed to content that is offensive, indecent or objectionable; and (v) although we may have a contractual relationship with the operators of Linked Sites we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content of Linked Sites

9

International Users

The Site is controlled, operated and administered by the Bank from our offices within the United State of America (USA) for persons located in the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all international and local laws. You agree that you will not use the Bank’s content from the Site or any Intellectual Property accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

7

Useful Information

Any communication or material that you transmit to the Bank through the Site or through electronic mail may only be used by the Bank for the purposes described in the privacy policy or policies applicable to the information you provide to us. All information submitted to or through our Site will be used internally for the purpose intended or as allowed by law consistent with the privacy policy or policies applicable to that information.

If you need to communicate personal or confidential information, please do not submit such information to an email address without first contacting the Bank at, as email communication is not secure. If you have questions you may contact us by calling us at (800) 735-2465 or visit us in person.

If you submit any materials or other information to any public areas of our Site, you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, sub-licensable, assignable, transferable, irrevocable license under copyright and patent, with the unrestricted right to use, self, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any such materials and other information (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed or commercialized, provided Bank’s use and disclosure of any such information will remain consistent with applicable laws, privacy policies and other terms and conditions applicable to the information submitted or services being provided by the Bank. In addition, you represent and warrant to us that you have the right to grant to us the foregoing license.

10 

Site Content Not Substitute for Legal, Tax, or Financial Advice or Planning

You acknowledge that the Site, the Bank, its employees and service providers are not intended to provide legal, tax or financial advice or planning. Prior to making any financial decisions, communicating or taking any action with respect to information made available using our Site, you agree that you will have obtained appropriate and independent legal, tax or financial advice regarding the same.

11

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT OUR SITE IS PROVIDED ON AN “AS-IS” AND AS AVAILABLE BASIS. THE INFORMATION MAY CONTAIN ERRORS, OMISSIONS OR OTHER PROBLEMS. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW BANK MAKES NO WARRANTIES (AND BANK SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION; (A) ANY IMPLIED WARRANTY OR CONDITION OF (I) MERCHANTABILITY; (II) FITNESS FOR A PARTICULAR PURPOSE; (III) SUITABILITY OR SATISFACTORY QUALITY OR (IV) NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM HARMFUL COMPONENTS, SUCH AS A COMPUTER VIRUS; (C) THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED; AND (D) ANY WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

12

LIMITATION ON LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LIBERTY BANK, N.A. OR ITS SERVICE PROVIDERS BE RESPONSIBLE FOR ANY LOSS, DAMAGE, EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE) OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL AND INCIDENTAL DAMAGES, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO WHETHER BASED ON THE ACCESS OF OR USE OF THIS WEBSITE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO THE OMISSION OF INFORMATION, THE FAILURE OF EQUIPMENT, THE DELAY OR INABILITY TO RECEIVE OR TRANSMIT INFORMATION, THE DELAY OR INABILITY TO PRINT INFORMATION, THE TRANSMISSION OF ANY COMPUTER VIRUS, OR THE TRANSMISSION OF ANY OTHER MALICIOUS OR DISABLING CODE OR PROCEDURE. THIS LIMITATION APPLIES EVEN IF LIBERTY BANK, N.A. OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OR THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

13

Indemnification

You agree to indemnify and hold harmless Bank against any third party claim arising out of your violation of these Terms, or claim that your use of the Site in breach of these Terms, infringes a registered patent, registered trademark, or copyright, or misappropriates a trade secret (to the extent that such infringement or misappropriation is not the direct result of our actions). You will, with respect to any claim against us that is subject to this Section, indemnify us for the resulting costs and damages finally awarded against us to such third party by a court of competent jurisdiction or agreed to in settlement.

14

Governing Law

These Terms and use of Liberty Bank, N.A.'s website are governed by the laws of the State of California. If any term or provision of these Terms is held unenforceable, the validity or enforceability of the remaining terms and provisions will not be affected. The unenforceable provision will either be replaced with an enforceable provision or eliminated from the Terms, and the remaining provisions of the Terms will continue in full force and effect.