Website Use Terms and Conditions
The www.pinnacle.bank website and its various web pages operated by Pinnacle Bank (collectively the “Site”) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in this Website Use Terms and Conditions (the "Terms"), including as the Terms may be modified from time to time. By accessing or using the Site, you agree and acknowledge that you are bound by the Terms. If you do not agree to the Terms then you must not access or use the Site. Please read the Terms carefully, and keep a copy of them for your reference.
The Site is a financial institution website. Its purpose is to inform site visitors on the history of Pinnacle Bank, CA (the “Bank”, “Pinnacle Bank”, “us”, “we”, or “our”) and its products and services. We reserve the right to change the content of the Site at our discretion, and at any time, without notice. Changes to these Terms will be effective when updated versions are posted to the Site. Changes may include revisions to promotional offers and campaigns, including termination of the same.
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, 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 or review content, or messages posted on the Site (to the extent applicable), to confirm their compliance with these Terms.
Your use of the Site is subject to Pinnacle Bank's Privacy Policies. Please review our Privacy Policies, for more information regarding our use of information collected through the Site and our data collection practices.
Visiting the Site or sending emails to Pinnacle Bank constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Additionally, our Site may permit you to send or receive electronic communications and to store content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, content or settings.
Children Under Thirteen
Pinnacle Bank does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites") and you may access Linked Sites from our Site. The Linked Sites are not under the control of Pinnacle Bank and Pinnacle Bank is not responsible for the contents or any information included on a Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pinnacle Bank is providing these links to you only as a convenience, and the inclusion of any link to a Linked Site does not imply endorsement by Pinnacle Bank of the Linked Site, its operators or any association between Pinnacle Bank with the operators of Linked Sites.
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.
No Unlawful or Prohibited Use
You may use the Site strictly in accordance with these Terms, applicable rules and policies of Pinnacle Bank 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 manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
- Interrupt or attempt to interrupt the operation of the Site or the servers or networks used to make the Site available;
- Transmit or otherwise make available to the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor or limit the use of, any hardware, software or equipment;
- Attempt to gain unauthorized access to any account, computer systems or networks through hacking, phishing, social engineering, malware, password mining or other means;
- Violate, intentionally or unintentionally, any applicable local, state, national or international law, these Terms of any policies and procedures of the Bank;
- Infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or
- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
A cookie is a small piece of information sent by a website that is saved on your hard disk by your computer’s browser. It holds information that we or another website may need to interact with you and personalize your experience.
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. In addition, you represent and warrant to us that you have the right to grant to us the foregoing license.
You acknowledge and agree that all content used by us in the operation of the Site, such as text, graphics, logos, images, as well as the compilation thereof, any software used on the Site, any copyright, patent, trademark, trade secret and all other rights in and to the technology, software, contents, designs or trademarks included by us on the Site, and our name, product name and the Site’s URL (collectively “Intellectual Property”) are the property of Pinnacle Bank or its licensors and suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any Intellectual Property and will not make any changes thereto. You will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of your use.
You will not distribute, copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Intellectual Property, in whole or in part, found on the Site. Pinnacle Bank Intellectual Property is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any Intellectual Property, and in particular, you will not delete or alter any proprietary rights or attribution notices in any Intellectual Property. You will use Intellectual Property solely for your personal use, and will make no other use of the Intellectual Property without the express written permission of Pinnacle Bank and/or the owner of the Intellectual Property. You agree that you do not acquire any ownership rights in any Intellectual Property included on the Site. We do not grant you any licenses, express or implied, to the Intellectual Property of Pinnacle Bank or our licensors except as expressly authorized by these Terms.
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; (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; (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.
Procedure for Making Claims of Infringement
Pinnacle 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:
18181 Butterfield Blvd. Ste 135
Morgan Hill, CA 94037
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.
The Site is controlled, operated and administered by Pinnacle 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 Pinnacle Bank content or any Intellectual Property accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Site Content Not Substitute for Legal, Tax, or Financial Advice or Planning.
You acknowledge that our website, Pinnacle 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 and tax advice regarding the same.
You agree to indemnify, defend and hold harmless Pinnacle Bank, its officers, directors, employees, agents and third parties, for any third party claims, losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of these Terms, any claim that your use of the Site in breach of these Terms infringes a registered patent, registered trademark or copyright or misappropriates trade secrets (to the extent that such infringement or misappropriation is not the direct result of our actions), or any claim that your use of the Site violates applicable laws, rules or regulations. Pinnacle Bank reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pinnacle Bank in asserting any available defenses. 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.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms , or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pinnacle Bank agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PINNACLE BANK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PINNACLE BANK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PINNACLE BANK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Pinnacle Bank reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. By accessing and using the Site you represent that you are of sufficient age and mental capacity to enter an enforceable contract, as prescribed by applicable law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinnacle Bank as a result of this agreement or use of the Site. Pinnacle Bank's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pinnacle Bank's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pinnacle Bank with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Pinnacle Bank with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pinnacle Bank with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
Pinnacle Bank reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Pinnacle Bank encourages you to periodically review the Terms to stay informed of our updates.
Pinnacle Bank welcomes your questions or comments regarding the Terms:
18181 Butterfield Blvd. Suite 135
Morgan Hill, California 95037
Effective as of April 27, 2023