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PLEASE READ THE FOLLOWING TERMS OF USE (“TOU”) CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE, INCLUDING ANY CONTENT, DOWNLOADS, INFORMATION, OR SERVICES AVAILABLE THROUGH THE WEBSITE (COLLECTIVELY, “WEBSITE”). THIS WEBSITE IS MADE AVAILABLE TO YOU BY BANKWELL BANK, A STATE NONMEMBER BANK WITH A PRINCIPAL PLACE OF BUSINESS LOCATED AT 156 CHERRY STREET, NEW CANAAN, CT 06480. BY ACCESSING THIS WEBSITE OR USING THE SERVICES AVAILABLE THROUGH THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TOU AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TOU, PLEASE DO NOT ACCESS THIS WEBSITE.
As used in these TOU, the terms “Bankwell”, “we”, “us”, and “our” refer collectively to Bankwell Bank and its subsidiaries, and the terms “you” and “your” refer to: (i) any individual visitor who accesses or uses the Website or (ii) if you are using the Website on behalf of your company, your company. The Website is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, please do not access the Website.
1. Use of Website Content and Services. The information on this Website is for information purposes only and is not a solicitation or offer to sell securities, nor should it be used by others in connection with any sale, offer for sale or solicitation of an offer to buy securities. You agree to use the Website only in the manner explicitly provided for, or otherwise consistent with, these TOU.
a. In any matter which violates any applicable rules, laws, or regulations (collectively, “Applicable Law”) or the terms of any agreements you have with Bankwell;
b. Causing an unreasonable or disproportionately large processing load on our services or system;
c. Engaging in any conduct that restricts or inhibits use of the Bankwell Products and Services by other;
d. Using the Website while impersonating any person or business, including but not limited to concealing your identity through IP spoofing or misusing passwords or accounts owned by Bankwell customers;
e. Infiltrating or gaining unauthorized access to the Website or associated internal networks of Bankwell, including but not limited to accessing confidential information owned by Bankwell or Bankwell’s customers;
f. Misusing passwords or any information posted to the Website;
g. Interfering with the general public’s and/or Bankwell customers’ ability to access the Website, including but not limited to transmitting any virus, worm, malware, Trojan horse or other material that prevent or impede such access.;
h. Introducing or transmitting any virus, worm, malware, Trojan horse or other material that may harm or disrupt the Website, the Bankwell Products and Services, or our systems;
i. Distributing or directing any person to this Website in a jurisdiction where such distribution or direction is contrary to Applicable Law, including but not limited distributing or directing any person to this Website that is on the Specially Designated Nationals and Blocked Persons list (“SDN List”); or
j. Attempting to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (“OFAC”). Information regarding which countries are under sanctions may be obtained by searching the SDN List accessible via the landing page for OFAC on the U.S. Department of Treasury website.
2. Prohibited Uses. You acknowledge and agree that you are prohibited from using Website in the following ways:
a. In any matter which violates any applicable rules, laws, or regulations (collectively, “Applicable Law”) or the terms of any agreements you have with Bankwell;
b. Causing an unreasonable or disproportionately large processing load on our services or system;
c. Engaging in any conduct that restricts or inhibits use of the Bankwell Products and Services by other;
d. Using the Website while impersonating any person or business, including but not limited to concealing your identity through IP spoofing or misusing passwords or accounts owned by Bankwell customers;
e. Infiltrating or gaining unauthorized access to the Website or associated internal networks of Bankwell, including but not limited to accessing confidential information owned by Bankwell or Bankwell’s customers;
f. Misusing passwords or any information posted to the Website;
g. Interfering with the general public’s and/or Bankwell customers’ ability to access the Website, including but not limited to transmitting any virus, worm, malware, Trojan horse or other material that prevent or impede such access.;
h. Introducing or transmitting any virus, worm, malware, Trojan horse or other material that may harm or disrupt the Website, the Bankwell Products and Services, or our systems;
i. Distributing or directing any person to this Website in a jurisdiction where such distribution or direction is contrary to Applicable Law, including but not limited distributing or directing any person to this Website that is on the Specially Designated Nationals and Blocked Persons list (“SDN List”); or
j. Attempting to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (“OFAC”). Information regarding which countries are under sanctions may be obtained by searching the SDN List accessible via the landing page for OFAC on the U.S. Department of Treasury website.
3. Information concerning Bankwell Products and Services. From time to time, this Website contains information applicable to products and services offered by Bankwell, including but not limited to deposit, lending and card products (collectively “Bankwell Products and Services”), for information purposes only. You understand and agree that Bankwell Products and Services are governed by separate terms and conditions (“Official Terms and Conditions”) other than these TOU or any information concerning Bankwell Products and Services contained on this Website, and that such Official Terms and Conditions will solely govern your use or future use of Bankwell Products and Services. The Official Terms and Conditions for any Bankwell Products and Services will be provided to you when you enroll and/or open applicable Bankwell Products and Services. In the event of any conflict between these TOU or information accessed through the Website concerning Bankwell Products and Services and any Official Terms and Conditions for applicable Bankwell Products and Services, the Official Terms and Conditions shall control in all instances. Bankwell Products and Services, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Bankwell Products and Services are offered at all locations.
4. Restrictions on Use of Intellectual Property. Unless otherwise expressly stated, Bankwell, Bankwell Financial Group, Inc., or any of their subsidiaries or affiliates own, control, or license all content and material hosted on this Website including but not limited to any applicable copyrights, trademarks, service marks or other intellectual property rights (collectively, “Intellectual Property Rights”). For the avoidance of doubt, the act of posting the content and material hosted on this Website shall not deemed a waiver of any Intellectual Property Rights owned by us. Except as expressly provided in these TOU, you may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Website for any commercial or public purpose without our prior written consent. You may download from the Website materials, except for software or source code, but only for your personal or internal business purposes only. Unless you receive our express prior written consent to do so, you agree not to delete any copyright or trademark from any content or material you access or obtain through the Website, and will not reproduce, modify, or create derivative works therefrom. You acknowledge and agree that you do not acquire any ownership rights of any kind by downloading materials from the Website. Content and material hosted on this Website is protected by United States and international copyright laws. “Bankwell” and the Bankwell logo are trademarks of Bankwell Financial Group, Inc. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of other respective owners in the United States and/or other countries.
5. Use of Chat Service. As a convenience to you to improve your experience with the Website, a Chat Service (“Chat Service”) may be available through the Website. We make no warranty that the Chat Service will be available at any particular time or be free of fault or error. If you are under the age of 13 years old and are invited to use the Chat Service, you must not use the Chat Service and you must leave the Website. During your use of the Chat Service, you may interact with a bot, chatbot, virtual assistant, virtual concierge, or other non-human (each, a “Chatbot”). We will disclose the use of the Chatbot to the extent required by Applicable Law. When engaging with us
through use of the Chat Service, be advised that chats will be monitored and retained. The Chat Service is provided as a convenience. Participating in the Chat Service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents. Communications via the Chat Service will not be considered a legal agreement, representation, or warranty concerning Bankwell Products and Services. You must not use the Chat Service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat Service session or suspension of your access to the Chat Service, at our sole discretion.
6. Links to Third Party Websites. From time to time, you may be able to access third party websites via hyperlinks posted on the Website (“Linked Content”). We offer Linked Content as a convenience to you, but do not own Linked Content, and make no representations nor bear responsibility as to the accuracy and reliability of any information provided in Linked Content. Use of Linked Content is at your own risk, outside the scope of these TOU, and subject to applicable terms of use and/or Applicable Law governing access to Linked Content.
7. Submissions. By using this Website, creating an account, or otherwise posting or submitting content on this Website, you understand, represent and agree to the following with regard to anything that you post or submit (“Your Content”):
a. Your Content is your original and sole creation;
b. Your Content does not infringe upon any third-party rights, including but not limited to patent, copyright, trademark, trade dress, design right, right of publicity or privacy or any intellectual property right;
c. Your Content does not contain material that may be considered defamatory, slanderous or libelous or depict any person, entity or product in a false light;
d. Your Content does not violate any Applicable Law;
e. You grant Bankwell and its respective contractors, agents, licensors, suppliers, successors and assigns an irrevocable, fully paid, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, worldwide license to use, copy, publish, distribute, adapt and modify Your Content, or create derivative works from Your Content, in any and all media now known or hereafter devised, for any purpose and you have obtained any consents necessary to grant this license; and
f. Bankwell and its respective contractors, agents, licensors, suppliers, successors and assigns shall not be subject to any obligation of confidentiality with respect to Your Content except as specifically agreed in writing or as required by Applicable Law.
8. Feedback. You agree that any and all suggestions, comments, and feedback that you submit at or via the Website in connection with any Bankwell Products and Services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by Applicable Law. Bankwell is free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
9. No Warranties. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS. USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE
10. Privacy. From time to time, we may collect and use technical information and usage data about your general use of this Website to improve your experience and improve available Bankwell Products and Services. This may involve the use of cookies, which may be disabled through your web browser. By accessing the Website, you grant us permission to use this information to improve Bankwell Products and Services, as well as to provide advertising content in which we believe you may be interested, including working with third parties who provide targeted advertising content. Please review our Privacy Policy (available here) for more information concerning how we collect and use your information. Our Privacy Policy is hereby incorporated into these TOU by reference.
11. Requirements. For optimal experience when accessing the Website, please use a computer or other electronic device with internet access that is running a supported operating system and web browser, such as current versions of Chrome, Firefox, Safari, or Microsoft Edge. Access to certain pages of the Website require you to create an online user profile consisting of a username, password, and other information required by us (“User Profile”). If you elect not to create a User Profile, you acknowledge and agree that you may not be able to access certain content or features available on such pages of the Website. You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords for any User Profile created in connection with your use of the Website, and will immediately notify us of any compromise or unauthorized use of your User Profile. You may be held liable for losses or damages incurred by us or any other third parties accessing the Website due to someone else using your User Profile. Bankwell is not liable for any loss or damage that you may incur as a result of your failure to comply with these requirements.
SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
12. Limitation of Liability. IN CONNECTION WITH YOUR USE OF THE WEBSITE, IN NO EVENT WILL BANKWELL, BANKWELL FINANCIAL GROUP, INC. OR ANY OF THEIR SUBSIDIARIES, AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES (“BANKWELL PARTIES”) BE LIABLE FOR ANY LOSSES, LIABILITIES, FINES, PENALTIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES)(COLLECTIVELY, “LOSSES AND LIABILITIES”), WHETHER UNDER A CONTRACT, WARRANTY, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSIBLE FROM THIS WEBSITE VIA HYPERLINK, EVEN IF ANY OF THE BANKWELL PARTIES IS AWARE OF THE POSSIBILITY OF SUCH LOSSES AND LIABILITIES.
13. Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Bankwell Parties, and their respective contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, including but not limited to your breach of these TOU; any claim that your use of this Website and any content violates any Applicable Law; the use of Your Content; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of these TOU.
14. Governing Law; Venue. These TOU are governed by the laws of the State of Connecticut. Any action against Bankwell arising from or relating to your access to and use of the Website and the provisions of these TOU must be brought by you in state or federal court located in the State of Connecticut. You consent to the jurisdiction and venue of the state and federal courts located within the State of Connecticut, for the adjudication of all claims by Bankwell against you arising from or relating to your access to and use of the Website and the provisions of these TOU.
15. Severability. If any provision of these TOU is held void, invalid or unenforceable by a court with jurisdiction over you and Bankwell or due to a change in Applicable Law, such provision shall be deleted or revised solely to the extent necessary for enforceability. Following such deletion and/or modification, the remaining provisions of these TOU shall remain in full force and effect.
16. No Waiver of Rights. No waiver by Bankwell of any right available under these TOU will be deemed a waiver of any other right available under these TOU at the time of such waiver, or at any other time.
17. Termination. We may terminate these TOU without notice at any time, for any reason and without prior notice or consent. The Sections herein titled “Restrictions on Use of Intellectual Property”, “Limitation of Liability”, “Indemnification”, “Governing Law; Venue”, “Severability”, “No Waiver of Rights”, and “Third-Party Beneficiaries” shall survive any termination.
18. Amendment. We may amend or modify these TOU and/or the Website at any time, for any reason and without prior notice or consent. Your continued use of the Website shall constitute your agreement to the terms of any amendment or modification.
19. Third-Party Beneficiaries. These TOU are made solely and specifically for the benefit of the parties hereto and no other person or entity shall have any rights, interest, or claims hereunder or be entitled to any benefits hereunder as a third-party beneficiary, except for Bankwell Financial Group, Inc. who is an intended third-party beneficiary of these TOU and may enforce the terms hereof as if it were an original party hereto.
20. How to Contact Us. In the event you need to contact us or have any questions, please give us a call at (877) 715-3265, chat with us via the Chat Service, or use the “Contact Us Form” available here.
