PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.
This website, www.mascoma.bank (the “Site” or “Bank Site”), is owned and operated by Mascoma Bank.
BY ACCESS OR USE OF THIS SITE, YOU AGREE TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT USE THIS SITE.
Acceptance of Terms of Use
“You” means any customer, authorized person, or any other person who views, accesses, uses, or obtains information from this Site or who obtains information by monitoring activity to and from the Site.
“We”, “us”, “our” and “Bank” means Mascoma Bank and its affiliates, agents, directors, officers and/or employees.
By using this Site and all websites owned and maintained by the Bank, or by clicking “I agree” or a similar affirmative acceptance mechanism where presented, you agree to the following terms of use, so please read them carefully. These terms and conditions may be revised at any time by our updating this notice and posting it on our Site. You are bound by any such revisions if you continue to use the Site after we have posted the changes. We suggest that you periodically visit this page to review the most recent terms of use.
You agree not to interrupt or attempt to interrupt the operation of this Site in any way. You understand that access to account(s) on which you are not authorized or restricted areas of this Site may be a criminal violation. You agree not to access any such account(s), nor attempt to obtain or decrypt any passwords or other security protection for any such account(s). You will not impersonate any person or entity, misrepresent your affiliation with a person or entity, or misrepresent the origin of any content provided to us. You agree to comply with our rules, policies and practices regarding use of the Site, as published from time to time by us. You agree that your use of the Site will always be for a lawful purpose, and you agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. You agree not to reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Site or to copy (except as otherwise expressly permitted hereunder), modify or create derivative works of its content or any materials related to the Site or any of the services provided by the Bank through the Site.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. Users may not use automated tools, artificial intelligence systems, machine learning models, bots, scripts, crawlers, or similar technologies to access, collect, scrape, copy, index, analyze, train, or reproduce content from this Site without the Bank’s prior written consent.
The Bank reserves the right to monitor, record, log, and review activity on the Site for security, fraud prevention, compliance, operational, and investigative purposes.
Eligibility; Children and Minors
You must be at least eighteen (18) years of age and able to form a legally binding contract to use this Site or to enroll for any service offered through it. If you are under the age of eighteen (18), you may use the Site only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf. The Site is not directed to children under the age of thirteen (13), and the Bank does not knowingly collect personal information from children under thirteen (13) through the Site. If you believe that a child under thirteen (13) has provided personal information to the Bank through the Site, please contact us as indicated on the Contact Us page so that we may take appropriate action consistent with the Children’s Online Privacy Protection Act (COPPA).
Electronic Communications and Consent
By using this Site, you consent to receive these Terms of Use and other notices, disclosures, agreements, and communications from the Bank in electronic form, and you agree that such electronic delivery satisfies any legal requirement that these communications be provided to you in writing, to the fullest extent permitted by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., and applicable state law. You may withdraw this consent or request a paper copy as described on the Contact Us page.
Privacy Notices
To view our privacy practices, please review the content on our Privacy Notice and our Website Privacy and Cookies webpages. The information and descriptions regarding products contained on this Site are intended as general information and are not necessarily complete descriptions of the products and services offered by the Bank.
Ownership/Use of Content
The content on this Site is owned by the Bank and is provided for your personal, non-commercial use. You may access, view, download, print, and retain reasonable portions of the information on this Site for your personal, non-commercial use, provided that you do not modify, reproduce, republish, distribute, transmit, post, or otherwise use the information for any commercial or other unauthorized purpose. Except as expressly permitted herein or otherwise provided by law, you may not copy, reproduce, distribute, republish, upload, post, transmit, modify, or otherwise duplicate or exploit any content on this Site without the Bank’s prior written consent.
The content of this website is not designed or intended to provide authoritative financial, accounting, investment, legal or other professional advice. If expert assistance in these areas are required, please seek the services of a qualified professional.
Intellectual Property
All trademarks, service marks, trade names, logos, icons, and domain names on this website belong to the Bank or their respective owners. You cannot use any of them without written permission from the Bank or the owner.
The website also contains content such as software, photos, graphics, text, and images that are protected by copyright laws. The Bank owns the rights to the way this content is selected, organized, and presented.
You may download, copy, or print portions of the website only for your personal use or when conducting business with the Bank. You may not copy, modify, distribute, publish, sell, create new works from, or otherwise use any of the website’s content without the Bank’s prior written permission.
Accessibility
The Bank is committed to making this Site accessible to and usable by individuals with disabilities and strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and to meet its obligations under the Americans with Disabilities Act. If you experience any difficulty accessing any portion of this Site, or need assistance with a particular feature or document, please contact us at [email protected] and we will work with you to provide the information, service, or transaction through an accessible communication method.
Third Party Websites
The Bank has taken reasonable measures to ensure that the content and data it presents on this website is accurate and current. The Bank may provide links to other websites controlled or offered by third parties (“Linked Websites”). The Bank’s inclusion of a link to a Linked Website does not imply approval or endorsement of the Linked Website or any products or services offered on Linked Websites. The Bank makes no implied warranty regarding such information or data, and the Bank is not responsible for the content, accuracy, reliability or opinions expressed in Linked Websites. We have not investigated or monitored the Linked Websites for accuracy or completeness. The Linked Websites may have different privacy policies and security standards from ours. We are not responsible if any terms shown on our Site differ from those shown on the Linked Website.
Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute an endorsement, a recommendation, or a favoring by Mascoma Bank.
The Site may also incorporate content, tools, plug-ins, analytics, cookies, and other technologies or services provided by third-party service providers, vendors and other third parties. These third parties may use cookies, web beacons, pixels, and similar tracking technologies to collect information about you when you use the Site. The Bank does not control the privacy or data collection practices of third parties that operate independently from the Bank, and except as otherwise required by applicable law, is not responsible for their privacy practices, data collection activities, security practices or content. The Bank’s use of or provision of access to third-party technologies, services, or content does not imply approval or endorsement of, and the Bank makes no representations or warranties regarding any third party or its products, services, or content.
The Bank obtains your consent before placing or using non-essential cookies and similar tracking technologies, including analytics and marketing or advertising technologies, to the extent required by applicable law. You may manage or withdraw your consent at any time as described in the Bank’s Website Privacy and Cookies Notice.
Viruses
The Bank assumes no responsibility, and will not be liable for, any damages to, or Viruses that may infect, your computer equipment or other property caused by your access to, use of, or browsing of this Site or your downloading of any materials, data, text, video, or audio from this Site.
Emails that you send to us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a Social Security or Tax Identification Number or an account number, or if you need specific details about any information contained in our Site, you should contact us as indicated on the Contact Us page. If you choose to use email to communicate confidential information, you assume the risk that your email may not be secure.
Electronic Communications, Marketing, and Consent
By providing your email address or other contact information to the Bank, you consent to receive electronic communications from us relating to your accounts, our products and services, and this Site. You agree that electronic communications from the Bank satisfy any applicable legal requirement that such communications be in writing, to the extent permitted by applicable law.
Unless and until you opt out, you may receive marketing and promotional communications from the Bank. You may opt out of the marketing communications at any time, at no cost, by following the unsubscribe instructions contained in any marketing email or by contacting the Bank as indicated on the Contact Us page. We will honor your request within the time required by applicable law. The Bank uses and discloses information as described in its privacy notices and as permitted by applicable law, including, as applicable, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, and Regulation P.
Providing a telephone or mobile number allows us to send you calls or text (SMS) messages relating to your accounts, products and services, including servicing, transactional, security and fraud-prevention communications as permitted by applicable law. Where required by applicable law, we will obtain your consent before sending marketing or telemarketing calls or text messages, including calls or messages made using an automatic telephone dialing system or an artificial or prerecorded voice. Your consent to receive marketing or telemarketing calls or texts is not a condition of obtaining any product or service. Message and data rates may apply, and message frequency varies.
You may revoke your consent to receive text messages at any time by replying STOP or through another reasonable method that clearly expresses your desire to stop receiving text messages. You may opt out of telephone marketing by contacting the Bank as indicated on the Contact Us page and requesting to be placed on the Bank’s internal do-not-call list. The Bank will honor applicable consent-revocation and do-not-call requests within the time required by applicable law.
Enrollment Information
You are able to enroll for certain services through this Site. If you provide personal information through this Site, including but not limited to, your name, email address, mailing address, zip code, and/or username and password, you agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update such information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your access to such services.
You are responsible for maintaining the confidentiality and security of your username, password, and any other access credentials used to enroll in or access services through this Site. You agree not to disclose or share your credentials with any third party and to take reasonable steps to safeguard them against unauthorized access or use. You are responsible for all activity occurring under your credentials, and you agree to notify the Bank immediately if you suspect any loss, theft, or unauthorized use of your credentials or account.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BANK PROVIDES THE SITE AND ALL CONTENT, TOOLS, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BANK DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE BANK DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE BANK MAY SUSPEND, RESTRICT, MODIFY, OR DISCONTINUE ACCESS TO ALL OR ANY PORTION OF THE SITE AT ANY TIME, SUBJECT TO APPLICABLE LAW AND ANY APPLICABLE AGREEMENT GOVERNING YOUR ACCOUNT, PRODUCT, OR SERVICE.
THE BANK USES SAFEGUARDS AS REQUIRED BY APPLICABLE LAW, BUT NO WEBSITE, NETWORK, SYSTEM, DEVICE, TRANSMISSION, OR ELECTRONIC STORAGE METHOD CAN BE GUARANTEED TO BE COMPLETELY SECURE OR FREE FROM UNAUTHORIZED ACCESS, MALWARE, VIRUSES, WORMS, OR OTHER HARMFUL CODE. YOU ARE RESPONSIBLE FOR USING APPROPRIATE PRECAUTIONS WHEN ACCESSING THE SITE, DOWNLOADING MATERIALS, AND USING YOUR DEVICES, NETWORKS, CREDENTIALS, AND SECURITY SETTINGS. NOTHING IN THESE TERMS DISCLAIMS OR LIMITS ANY OBLIGATION THE BANK HAS UNDER APPLICABLE LAW TO MAINTAIN REQUIRED SECURITY MEASURES OR TO PROVIDE NOTICES, PROTECTIONS, OR REMEDIES FOR UNAUTHORIZED TRANSACTIONS, DATA INCIDENTS, OR SECURITY EVENTS.
THESE TERMS GOVERN YOUR USE OF THE SITE. THEY DO NOT AMEND, SUPERSEDE, OR LIMIT ANY DEPOSIT AGREEMENT, ONLINE OR MOBILE BANKING AGREEMENT, ELECTRONIC FUNDS TRANSFER AGREEMENT, CARDHOLDER AGREEMENT, LOAN OR CREDIT AGREEMENT, TREASURY MANAGEMENT AGREEMENT, FUNDS-TRANSFER AGREEMENT, PRIVACY NOTICE, ELECTRONIC COMMUNICATIONS CONSENT, FEE SCHEDULE, DISCLOSURE, OR OTHER AGREEMENT OR DISCLOSURE APPLICABLE TO ANY ACCOUNT, PRODUCT, OR SERVICE. IF THESE TERMS CONFLICT WITH ANY SUCH AGREEMENT OR DISCLOSURE, THE APPLICABLE AGREEMENT OR DISCLOSURE GOVERNS WITH RESPECT TO THAT ACCOUNT, PRODUCT, OR SERVICE.
NOTHING IN THESE TERMS LIMITS, WAIVES, OR DISCLAIMS ANY RIGHT, REMEDY, WARRANTY, DISCLOSURE OBLIGATION, ERROR-RESOLUTION RIGHT, REIMBURSEMENT OBLIGATION, SECURITY OBLIGATION, PRIVACY RIGHT, OR OTHER PROTECTION THAT CANNOT BE LIMITED, WAIVED, OR DISCLAIMED UNDER APPLICABLE LAW, INCLUDING APPLICABLE FEDERAL OR STATE CONSUMER FINANCIAL SERVICES, PRIVACY, DATA SECURITY, ELECTRONIC FUNDS TRANSFER, LENDING, CREDIT REPORTING, ANTI-DISCRIMINATION, AND UNFAIR, DECEPTIVE, OR ABUSIVE ACTS OR PRACTICES LAWS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BANK AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BANK’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES, IF ANY, YOU PAID DIRECTLY TO THE BANK SPECIFICALLY FOR ACCESS TO OR USE OF THE SITE DURING THE TWO [2] MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $500.00.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION DO NOT APPLY TO THE EXTENT LIABILITY ARISES FROM:
-
- THE BANK’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD;
- THE BANK’S VIOLATION OF A NON-WAIVABLE OBLIGATION UNDER APPLICABLE LAW;
- THE BANK’S OBLIGATIONS UNDER AN APPLICABLE ACCOUNT, PRODUCT, SERVICE, LOAN, CARD, FUNDS-TRANSFER, TREASURY MANAGEMENT, PRIVACY, OR ELECTRONIC BANKING AGREEMENT;
- ANY UNAUTHORIZED ELECTRONIC FUND TRANSFER, BILLING ERROR, CREDIT TRANSACTION, FUNDS TRANSFER, ACCOUNT ACCESS ISSUE, PRIVACY MATTER, DATA SECURITY INCIDENT, OR OTHER MATTER FOR WHICH APPLICABLE LAW OR AN APPLICABLE AGREEMENT PROVIDES NON-WAIVABLE RIGHTS, PROCEDURES, DUTIES, OR REMEDIES; OR
- ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTHING IN THESE TERMS LIMITS YOUR RIGHT TO SUBMIT NOTICES OF ERRORS, UNAUTHORIZED TRANSACTIONS, DISPUTES, COMPLAINTS, STOP-PAYMENT REQUESTS, REVOCATION REQUESTS, PRIVACY REQUESTS, OR OTHER REQUESTS OR CLAIMS UNDER APPLICABLE LAW OR UNDER THE AGREEMENT GOVERNING THE RELEVANT BANK ACCOUNT, PRODUCT, OR SERVICE. ANY SUCH MATTER WILL BE HANDLED IN ACCORDANCE WITH THE APPLICABLE AGREEMENT, DISCLOSURE, AND LAW.
THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS AND APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Bank, its affiliates, and their respective officers, directors, employees, agents, service providers, licensors, successors, and assigns, collectively, the “Indemnified Parties,” from and against reasonable and documented losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and court costs, incurred by an Indemnified Party in connection with any third-party claim, demand, action, suit, proceeding, or investigation arising out of or relating to:
-
- your material breach of these Terms;
- your violation of applicable law in connection with your access to or use of the Site;
- content, information, materials, files, data, or communications that you submit, upload, transmit, or otherwise provide through the Site, including any allegation that such content or materials infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, contractual, or other legal right of any person or entity; or
- your fraud, willful misconduct, negligence, or misuse of the Site,
in each case only to the extent caused by your acts or omissions.
You will not be required to indemnify any Indemnified Party to the extent the applicable claim, loss, liability, damage, cost, or expense is caused by the Indemnified Party’s negligence, willful misconduct, violation of applicable law, breach of these Terms, or failure to comply with any non-waivable legal obligation. Nothing in this Section limits any rights or obligations that cannot be waived or shifted under applicable law, including non-waivable consumer financial protection, privacy, data-security, electronic funds transfer, error-resolution, or account-access rights and obligations.
The Bank will provide you with reasonable notice of any claim for which it seeks indemnification under this Section. Any delay in providing notice will relieve you of your indemnification obligations only to the extent the delay materially prejudices your ability to respond to the claim.
The Bank may, at its option, participate in or control the handling, response, settlement, or resolution of any claim subject to indemnification under this Section, using counsel of its choosing. You agree to reimburse the Indemnified Parties for indemnifiable amounts under this Section as they are finally determined, agreed, or otherwise incurred, but this Section does not require you to assume or conduct the defense of any claim.
You agree to cooperate reasonably with the Bank in connection with any claim subject to indemnification under this Section, including by providing relevant information, preserving relevant records, and taking reasonable steps to mitigate losses, costs, and expenses.
You may not settle, compromise, or otherwise resolve any claim subject to indemnification under this Section in a manner that imposes any liability, admission, obligation, restriction, or non-monetary relief on any Indemnified Party without the Bank’s prior written consent. The Bank will not unreasonably withhold, condition, or delay consent to a settlement that requires only a monetary payment by you and includes a full release of the Indemnified Parties from the settled claim.
Your obligations under this Section survive termination of these Terms and your use of the Site, but only with respect to events occurring before termination or arising from your prior use of the Site.
Retention of Personal Information
Personal information is retained only as long as necessary for legal, regulatory, operational, security, and business purposes, and then such personal information will be securely deleted, anonymized, or disposed.
You may request deletion of your personal information by contacting us as described in our Privacy Notice. However, because the Bank is a financial institution, we may be required to retain, and may continue to use, certain personal information for periods established by applicable federal and state banking laws, regulations, and record-retention and recordkeeping requirements, notwithstanding a request for deletion.
Governing Law
The laws of the United States and the State of New Hampshire will govern the content and use of this Site, without giving effect to conflict of law principles.
The Bank controls this Site from its offices within the United States. We make no representation that the content on our Site is appropriate, legal or available for use in other locations. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws. By registering for or entering this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of New Hampshire.
Compliance with Export Laws and Regulations
United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any such technology derived from our Site to either a foreign national or a foreign destination in violation of such laws.
