Effective as of December 31, 2011
This Site is continually under development and changes to the content of any portion of this Site and these Terms may be made at any time without notice. We may revise or remove any part of this Site or these Terms at any time and without prior notice by updating this posting. Therefore, you should visit this page periodically for changes. Any changes are effective upon posting to this Site. If you disagree with these Terms, you should discontinue your use of this Site. Your continued use after a change to the content of any portion of this Site or to these Terms has been posted constitutes your acceptance of those changes.
- You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. BancWest may investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
- In using this Site, you must also not:
- Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
- Gain unauthorized access to this Site or computers or websites connected or linked to this Site;
- Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Violate any applicable laws or regulations or these Terms; or
- Assist or permit any persons in engaging in any of the activities described above.
- All information, content and material made available at this Site (collectively, "Materials) is protected by copyright. Such copyrights may be owned by BancWest, our licensees and licensors, or other parties. All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill are proprietary to BancWest.
- No Material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of Materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices.
- Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of BancWest, or other entities or persons where so indicated, unless BancWest or the copyright owner has provided said Material for such express purpose.
- Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer, or linking to any page at this Site except the "home page" (http://www.bancwestcorp.com), must be obtained from BancWest or the appropriate copyright owner in advance; otherwise, such use is prohibited.
- All registered and unregistered trademarks, service marks, logos and trade names on this Site, including but not limited to BancWest, Bank of the West, First Hawaiian Bank and BNP Paribas, are proprietary to BancWest, BNP Paribas or to other companies where so indicated. The materials displayed on BancWest's website are protected by U.S. and international copyright law and treaties. You may not transmit, broadcast, copy, adapt, display, reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior express written consent of the appropriate owner thereof.
LINKS TO OTHER WEBSITES
- As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. These Terms do not apply to any other websites.
- Certain of these linked websites may make use of BancWest's proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from BancWest. BancWest is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website.
- In addition, providing links to these websites should not be interpreted as endorsement or approval by BancWest of the organizations sponsoring such third-party websites or their products or services.
- Websites maintained by Bank of the West, First Hawaiian Bank and BNP Paribas contain separate terms and conditions of use, which are in addition to these Terms. In addition, certain Materials or pages on this Site may be subject to additional disclaimers and/or disclosures.
- The Materials in this Site are provided "as is" and without warranties of any kind either express or implied.
- To the fullest extent permissible pursuant to applicable law, BANCWEST disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- BANCWEST does not warrant that the functions contained ON THIS SITE will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components.
- BANCWEST does not make any representations or warranties regarding the use or the results of the use of the Materials in this Site in terms of their correctness, accuracy, reliability, or otherwise. FROM TIME TO TIME BANCwEST'S WEBSITE MAY INCLUDE INFORMATION FROM THIRD PARTIES, AND/OR LINKS TO OTHER WEBSITES. BANCWEST DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY THIRD PARTY INFORMATION OR ANY LINKS TO OTHER WEBSITES, AND BANCWEST ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR SUITABILITY OF THE INFORMATION PROVIDED BY THIRD PARTIES OR INFORMATION, SOFTWARE (IF ANY), OFFERS OR ACTIVITY FOUND ON OTHER WEbSITES WHICH MAY BE LINKED TO THE BANCWEST WEBSITE.
- Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
- This Site is controlled and operated by BancWest from its offices within the States of Hawaii and California in the United States of America.
- BancWest makes no representation that materials in the Site are appropriate or available for use in other locations.
- Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
TERMINATION OF USE
- BancWest may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms.
- Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof.
- The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
USE BY CHILDREN
- This Site is not intended for children under the age of 13.
- If you are under 13 years of age, please do not use or access this Site at any time or any manner.
- By using this Site, you affirm that you are over the age of 13.
- BancWest does not seek through this website to gather personal information from or about persons under the age of 13.
No third party is authorized to solicit Bank of the West's or First Hawaiian Bank's products or services without the prior express written permission of Bank of the West or First Hawaiian Bank, respectively. There are various restrictions, limitations, and costs associated with Bank of the West's and First Hawaiian Bank's products and services, which are disclosed in the applicable customer agreements and continue to apply regardless of any information provided in BancWest's website. Not all products and services are available in all geographic areas.
- These Terms shall be governed by and construed in accordance with the laws of the State of California and any applicable federal United States laws, without giving effect to any principles of conflicts of law. For individual products and services offered by Bank of the West or First Hawaiian 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, and the terms of those disclosures and agreements will continue to apply.
- You agree to indemnify, defend and hold BancWest and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.
- If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.