WEBSITE GENERAL TERMS AND CONDITIONS
Last revision: March 2022
The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Alpine Bank (“Alpine Bank,” “we,” or “us”) with respect to your use of the Alpine Bank websites (www.alpinebank.com, open.alpinebank.com and online.alpinebank.com) (collectively, the “Site”), and the services available on the Site (collectively, the “Services”), including any Content (as defined in Section 2 below). Alpine Bank maintains this Site to open accounts, provide information about Alpine Bank services and products, allow our customers to perform banking transactions and to facilitate communications with Alpine Bank.
BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY STATEMENT , WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY STATEMENT, DO NOT USE THE SERVICES.
Neither Alpine nor its representatives are engaged in rendering legal services, investment advice or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.
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1. Changes to Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
2. Eligibility
You may not be eligible for all the products or services offered through this Site. A Site user’s eligibility for particular services and products are subject to final Alpine Bank approval.
3. Scope of and Restrictions on Use
Subject to these Terms of Use, Alpine Bank grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, resold, or modified for any purpose, without the express written permission of Alpine Bank. You agree not to:
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services;
- impersonate anyone or any entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- collect or store personal information about other users;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
- access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
4. Ownership
The Services (including the Content) are owned by Alpine Bank and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Alpine Bank and its licensors. You acknowledge and agree that, as between you and Alpine Bank, Alpine Bank is and will remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
5. Account Registration and Security
Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Alpine Bank of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
6. Use of Emails
Email is fast and convenient. However, depending on the email system you use to communicate with us, email is sometimes not entirely secure. We recommend you take care not to send emails containing any personal, private or sensitive information you would not want viewed by a third party. In order to reduce risk of exposure, we recommend you use a) Message Center, accessible within your Online Banking dashboard once logged in; or b) through the Contact Us web form leaving only contact information where you can be reached. If you are not an Online Banking customer, we do not recommend revealing any personal information such as account numbers, Social Security numbers, user IDs, PINs, passwords or debit card numbers through keyboard entry of any kind.
7. Feedback
Any comments or materials sent to Alpine Bank, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), will be deemed to be the property of Alpine Bank. Alpine Bank's use of the Feedback will be in compliance with our Privacy Statement and applicable laws. Alpine Bank will have no additional obligations with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Alpine Bank will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to Alpine Bank will be treated confidentially to the extent required by applicable law or as disclosed in the application. .
8. Electronic Communications
The communications between you and Alpine Bank via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. Other Terms and Conditions
Certain parts of the Site and certain of our products and services may be governed by additional terms and policies. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into these Terms of Use. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.
10. Privacy Statement
You acknowledge and agree that all information collected by Alpine Bank is subject to our Privacy Statement. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Statement.
11. Change and Suspension
11.1 Changes to the Services. Alpine Bank reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Alpine Bank will not be liable to you or to any third party for any such change, suspension, or discontinuance.
11.2 Suspension/Termination of Access. Alpine Bank has the right, in our sole discretion, to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use or if your use presents a material threat to the safety or security of our systems, our other users, any third party, or the Services. If we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
12. Disclaimers; Limitation of Liability
12.1 Disclaimer regarding Tools and Products on the Site. The investment products available through Alpine Bank Trust and Asset Management are not obligations of, or guaranteed by Alpine Bank, and these investment services are not bank deposits insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks. Additionally, financial calculators are provided on Site for your convenience. The information obtained from the use of these calculators are strictly estimating and may not be representative of actual payment amounts. The accuracy of the results is not guaranteed. Differences in these results and results obtained by other means are probable due to rounding or slight differences in the mathematical formulas used.
12.2 Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ALPINE BANK HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ALPINE BANK NOR ANY PERSON ASSOCIATED WITH ALPINE BANK MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER ALPINE BANK NOR ANYONE ASSOCIATED WITH ALPINE BANK REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
12.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ALPINE BANK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
12.4 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this section may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold Alpine Bank and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.
14. Third-Party Materials
The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that Alpine Bank is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Alpine Bank does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
15. Third-Party Platforms
Alpine Bank may provide the Services to you through third-party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under Alpine Bank’s control. Alpine Bank does not assume any responsibility or liability for your use of such Third-Party Platforms.
16. Linking to the Site
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by, or properly licensed to, you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
17. Marketing
Regardless of whether you have chosen to opt out of certain marketing offers from Alpine Bank, by using the Site you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Alpine Bank and may be provided by companies not affiliated with Alpine Bank. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Alpine Bank does not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC insured nor bank guaranteed.
18. Miscellaneous
18.1 Geographic Restrictions. Alpine Bank is based in the State of Colorado in the United States. Not all of the products or services described on the Site are available in all geographic areas. Please contact us to let us know about your individual needs. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
18.2 Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
18.3 Dispute Resolution. You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Colorado law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Alpine Bank retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Alpine Bank retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
18.4 Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
18.5 Entire Agreement. These Terms of Use, including our Privacy Statement and Privacy Notice, constitute the sole and entire agreement between you and Alpine Bank with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
19. Trademarks
Alpine Bank and other logos, product and service names are trademarks and service marks owned by or licensed to Aline Bank or its affiliates (the "Marks"). Without the prior written permission of Alpine Bank, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners. Should you wish to use certain brand assets of Alpine Bank, we can make them available online subject to our consent and quality control requirements.
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Questions:
If you have any questions about the our Services or these Terms of Use, please contact us.
