Website - Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE.
NOT ALL PRODUCTS AND SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR SPECIFIC PRODUCTS AND SERVICES IS SUBJECT TO FINAL DETERMINATION BY MILESTONE BANK.
1. Terms
These Terms and Conditions of Use apply to your access to, and use of, all or part of Milestone Bank’s website, including links to account portals provided by third part service providers where these terms and conditions are posted (collectively, the “Website”). By accessing this Website, you are agreeing to be bound by these Term and Conditions and; all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are prohibited from using or accessing this site. The materials contained in this Website may be protected by applicable copyright and trademark law.
These Terms and Conditions of Use are in addition to, and do not alter in any way, the terms or conditions of any other agreement you may have with Milestone Bank for products, services or otherwise.
2. Use License
Milestone Bank is granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Milestone Bank Website for your own personal use. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display (whether commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Milestone Bank's Website;
- post or republish the materials;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Milestone Bank at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy all copies of any portion of the Website in your possession, except for account statements or communications between you and Milestone Bank using Milestone Bank's online portals
MILESTONE BANK RETAINS THE RIGHT TO DENY ACCESS TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS OF USE, INCLUDING ANY USE RIGHTS.
3. Intellectual Property Rights
Unless otherwise indicated, the Website Content is protected by applicable intellectual property laws and all content is owned by Milestone Bank or used by Milestone Bank under a license or with permission. All text, formatting (including without limitation the images, graphics, animation, tools, applications, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Website) are subject to the intellectual property rights of Milestone Bank, its suppliers, and their respective licensors and licensees (collectively “Content”). The Content may not be copied, imitated, or used, in whole or in part, without the prior written permission of Milestone Bank or the applicable trademark holder. The Website and the Content are protected by copyright, trademark, patent, trade secret, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Milestone Bank or the owner of the Content. All rights not expressly granted are reserved.
Any unauthorized commercial use of the Content will violate Milestone Bank’s intellectual property rights and will be subject to Milestone Bank’s full legal rights and remedies.
4. Disclaimer of Warranties
WHILE MILESTONE BANK WILL USE REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION, MATERIALS, AND SERVICES AVAILABLE ON THE WEBSITE IS ACCURATE, UP-TO-DATE AND RELIABLE, THE WEBSITE AND ALL INFORMATION, MATERIALS, AND SERVICES CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE.” MILESTONE BANK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. MILESTONE BANK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE OR ANY OF MILESTONE BANK'S SERVICES. FURTHER, MILESTONE BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE WEBSITE OR THE MATERIALS ON THE WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS WEBSITE. MILESTONE BANK ALSO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, FILES OR DATA DOWNLOADED FROM THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING DISCLAIMERS, MILESTONE BANK MAINTAINS ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS DESIGNED TO PROTECT THE WEBSITE AND THE INFORMATION OF ITS CUSTOMERS, CONSISTENT WITH APPLICABLE LAW, REGULATORY GUIDANCE, AND MILESTONE BANK’S WRITTEN INFORMATION SECURITY PROGRAM.
5. Limitations of Liability
IN NO EVENT WILL MILESTONE BANK OR ITS SERVICE PROVIDERS BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR INFORMATION, MATERIALS, AND SERVICES ON THE WEBSITE OR ANY LINKED SITE, EVEN IF SUCH PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
6. Revisions and ERRATA
The content, information, or materials appearing on Milestone Bank’s Website could include technical, typographical, or photographic errors. Milestone Bank reserves the right to change or revise content, information, or materials appearing on or in connection with this Website, including these Terms and Conditions of Use, at any time without notice to you.
7. Linked Third Party Sites
Milestone Bank maintains this website to provide you with information about our products and services. For your convenience, we also provide links to various third party service providers utilized by us to provide you with certain online services, including, but not limited to, access to Account Statements, Equipment Financing, Commercial Banking, SBA Loans, Line of Credit (ABL), and Consumer Debt Settlement Accounts. Milestone Bank does not control linked third party sites. When you click on links to third party sites, you will leave our website and will be redirected to another site. The content on linked sites may change without notice.
Milestone Bank conducts due diligence and ongoing oversight of the third party service providers that support our online services, consistent with applicable banking regulations and interagency guidance on third party relationships. However, you should remain alert to fraudulent sites that may impersonate Milestone Bank or our service providers. Before entering any login credentials or personal information, verify that the address bar displays the expected domain (for example, milestonebank.com or a service provider domain we have disclosed to you) and that the connection is secured by HTTPS. If you believe you have been directed to a fraudulent site, do not enter any information and report the incident to Milestone Bank immediately using the contact information published on milestonebank.com.
8. Site Terms and Conditions of Use Modifications
Milestone Bank may revise these Terms and Conditions of Use for its Website at any time without notice by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms and Conditions of Use from time to time.
9. Indemnification
You agree to indemnify and hold Milestone Bank, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys' fees, disbursements, and court costs) arising from or in connection with your use of Milestone Bank's products or services, your violation of these Terms and Conditions and Use, or your violation of any rights of any third party.
10. Governing Law and Jurisdiction
These Terms and Conditions of Use shall be construed, interpreted and performed according to applicable federal law and the laws of the State of Utah, without giving effect to any principles of conflicts of law.
You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms and Conditions of Use or this Website shall be filed only in the federal or state courts sitting in Utah. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Milestone Bank Website, your access or use thereof, or these Terms and Conditions of Use, and to extraterritorial service of process.
11. Website Confidentiality and Security
Certain features or services offered through the Website may require you to open an account with Milestone Bank (including setting up a username and password). You are solely responsible for maintaining confidentiality of your account information, including your password, for any and all activity related to your account. You agree to notify Milestone Bank immediately of any unauthorized use, or any other breach of security, including suspected or actual account "phishing" incidents. You understand that you may be held liable for losses incurred by Milestone Bank or any other user of or visitor to the Website due to an unauthorized party using your login information, password or account. You agree not to use anyone else's name, password, or account to access the Website at any time without the express permission and consent of such party. You acknowledge that Milestone Bank is not liable for any loss or damage arising from your failure to comply with these obligations. Please do not send or otherwise transmit confidential information to us over the Internet, or request that we transmit confidential information to you unless using an approved secure encrypted method. Milestone Bank will not be responsible or in any way liable for any losses or damages you may incur as the result of such communication that may occur over the Internet.
To help protect access to your account, Milestone Bank may require you to use multi-factor authentication, risk-based authentication, device registration, or additional verification steps for certain logins or transactions, and may decline, delay, or require additional verification of any request that we determine, in our reasonable judgment, presents elevated risk. You agree to keep the email address, mobile telephone number, and other contact information associated with your account current so that we can deliver authentication codes and security notifications. You also agree to take commercially reasonable steps to protect any device you use to access the Website, including maintaining current operating system and browser updates, using reputable anti-malware software where appropriate, and not accessing your account from a device or network you do not trust.
Additional information about how Milestone Bank protects your account, the authentication options available to you, and your responsibilities as a user is set forth in our Online Security Disclosure, which is incorporated into these Terms and Conditions of Use by reference and available at milestonebank.com.
You further acknowledge that email transmissions are not secure. Milestone Bank directs that you do not electronically transmit or otherwise send sensitive information, such as account numbers, passwords, financial information to Milestone Bank or otherwise request such information via email. Please contact Milestone Bank by phone or in person for such information or by using an approved secure method.
For confidential or account-specific communications, some of Milestone Bank’s online portals may offer a secure messaging feature; if available we encourage you to use that feature rather than email. Milestone Bank will never request your password, full account number, full Social Security number, or one-time authentication code by email, text message, or unsolicited telephone call, and you should treat any such request as a fraud attempt and report it to Milestone Bank promptly. To help protect your account, our online portals are configured to terminate inactive sessions after a period of inactivity; you should also log out and close your browser when you are finished using the Website, particularly when using a shared or public device. If Milestone Bank determines that a security incident has occurred that affects your account or your personal information, we will provide notice to you as required by applicable law and our information security program
12. Privacy
We encourage you to read our Privacy Policies carefully to understand how Milestone Bank collects, uses and discloses personally identifiable information from its users. By accessing or using the Website, you consent to all actions that we take with respect to your information consistent with our Privacy Policy. .You further acknowledge and agree that Internet transmissions are never completely private or secure, and you understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, account information) is encrypted.
Milestone Bank uses commercially reasonable encryption (currently, Transport Layer Security) to protect information transmitted between your browser and our Website, and we encrypt sensitive customer information at rest in accordance with our information security program. While no method of Internet transmission or electronic storage is completely secure, you can reduce risk by using our secure messaging feature for confidential communications, accessing your account only from trusted devices and networks, and verifying that your browser displays a secure (HTTPS) connection to a Milestone Bank domain before entering your credentials.
13. Severability
If any part or provision of these Terms and Conditions of Use should be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
14. Waiver
Except as provided herein, these Terms and Conditions of Use constitute the entire agreement between you and Milestone Bank regarding this subject matter. Certain provisions of these Terms and Conditions of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Website.