BY ACCESSING THE SITE, YOU AGREE TO THESE TERMS. If you do not agree with these Terms, do not access the Site.
THESE TERMS ARE SUBJECT TO CHANGE. Any changes will be incorporated into these Terms posted to this Site from time to time. Your access to or use of the Site after such a change means you agree to the revised terms.
TO THE EXTENT PERMITTED BY LAW, WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE ACCESS OR USE AT ANY TIME AND WITHOUT PRIOR NOTICE TO YOU.
What Is the Site? The "Site" includes the BankNewport.com website (including any version of the website designed to be accessed with a mobile device), any other websites owned, controlled, or licensed by BankNewport and/or any of its subsidiaries or affiliates, and any mobile banking application or “app” offered by BankNewport or any of its subsidiaries or affiliates. The Site also includes any information, functionality, or services ("Services") made available through such website access or use. The Site is for your informational, personal and internal business purposes only. It is believed to be reliable, but BankNewport does not warrant or make any representations regarding its completeness, timeliness, or accuracy.
THE INFORMATION, FUNCTIONALITY, AND SERVICES MADE AVAILABLE THROUGH THE SITE, AND THE TERMS AND CONDITIONS OF THE ACCESS TO AND USE OF SUCH INFORMATION, FUNCTIONALITY, AND SERVICES, ARE SUBJECT TO CHANGE WITHOUT NOTICE TO THE EXTENT PERMITTED BY LAW.
The views expressed on this Site do not necessarily represent or reflect the views of BankNewport. We are not responsible for any information posted to the Site by third-parties. BankNewport disclaims any liability in relation to anything posted by third-party contributors to, or users of, the Site.
Can You Submit or Post Information through or on the Site? We may, at our sole discretion, provide functionality through the Site that allows you to provide us information or materials, as well as post comments or other items regarding our products and services, including feedback data, suggestions, and questions (collectively, "Submissions"). You must be eighteen (18) years old to use Submissions.
What Restrictions Apply to Submissions? Unless otherwise instructed by us, you will not use Submissions to submit or post any personal information about yourself or third parties (e.g. addresses, phone numbers, email addresses, or financial information, such as account numbers). You will also not use Submissions to submit or post: (1) any abusive, defamatory, dishonest, or obscene information; (2) any materials that are deemed to contain advertisements, "spam," or links to third party sites; or (3) third party materials or infringing materials. Doing so may result in the termination of your ability to use Submissions or the Site. We reserve the right, in our sole discretion and without notice, to remove Submissions that do not adhere to these Terms.
What if We Respond to Your Submissions through the Site? We may, at our sole discretion, provide and use functionality through the Site that allows us to respond to your Submissions, including in message boards or live interactive chat (collectively, "Responses"). Nothing we communicate in a Response will be considered a legal agreement, representation, or warranty of any kind including but not limited as to our products, services, processes, decisions, or response times.
What about Links to Other Sites? Links to non-Bank sites ("Linked Sites") are provided solely as a convenience to you, and we have no control over the content of such Linked Sites. We make no warranties, either express or implied, concerning the content of Linked Sites, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. We also do not warrant that Linked Sites or their content are free from any claims of copyright, trademark or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to non-Bank sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. Linked Sites may have different terms, privacy policies, and security. You should independently review the Linked Sites' terms, policies, and security to determine whether they are acceptable to you.
Who Can Use the Site? In order to use the Site, you agree, represent, and warrant the following:
- You are at least 18 years old (for all purposes);
- You are at least the legal age required for certain products and services (as defined in the additional terms for such product or service);
- You are not on any U.S. Government list of prohibited or restricted parties; and
- You are not attempting to access to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC).
Note: Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.
The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. BankNewport does not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.
What Restrictions Apply to Your Use of the Site? We want our Site to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, except as otherwise expressly provided in these Terms, you agree to the following:
- No Copying, Sublicensing, or Exercising Any Right Not Given. You will not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute in any way, including "mirroring", to any other computer, server, website or other medium any part of the Site for any reason without BankNewport’s express prior written consent. Additionally, you will not sublicense or otherwise transfer any rights you may have under these Terms. BankNewport does not grant you any rights to the Site except for those that are expressly granted in these Terms.
- No Reverse-Engineering or Unintended Use. You will not decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Site, or use the Site to develop similar functionality. Additionally, you will not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to bar any such activity.
- No Unauthorized Access. You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BankNewport server, by hacking, password "mining," or any other means.
- No Vulnerability Testing. You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
- No Visitor Tracking or Access to Others' Information. You will not reverse lookup, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BankNewport, including any BankNewport account not owned by you, to its source, or exploit the Site or any Service made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
- No Unreasonable System Load. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BankNewport’s systems or networks, or any systems or networks connected to the Site or to BankNewport.
- No Interference with Proper Operation. You will not to use any device, software, routine, or other action to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You will not use the Site in any way that is likely to result in retaliation against BankNewport.
- No Disguise or Impersonation of Identity. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BankNewport or others on or through the Site. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- No Unlawful or Otherwise Prohibited Use. You will not use the Site for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BankNewport or others. You will not use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
- What Geographic and Other Limitations Apply to the Site? Some aspects and functionality of the Site may not be available in all geographic areas. Additionally, without limiting any other provisions of these Terms, we reserve the right to deny access to any aspect of the Site if: your requested access or action is subject to legal process or other encumbrance restricting the action; you do not give proper, complete or correct instructions for the applicable product or Service, or you do not follow the procedures in this or any other agreement with us for requesting the product or Service; or we have reason to believe that you or someone else is using the Site in violation of these Terms.
- What May Disrupt the Site Availability and Who is Responsible? Access to and use of the Site may from time to time be delayed, interrupted, or unavailable due to, among other things:
- Hardware failure, including failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Cyber-attack, including the introduction of malicious code by a third-party;
- Severe weather, earthquake, war, insurrection, riot, civil commotion, terrorism, act of God, accident, fire, water damage, explosion, mechanical breakdown, or natural disaster;
- Interruption (whether partial or total) of utility service, including power supplies;
- Stoppage (whether partial or total) of labor, including strike;
- Legal, regulatory, or governmental restrictions, including exchange rulings, court or tribunal orders, or other human intervention; or
- Any other cause whatsoever beyond the control of BankNewport (whether similar or dissimilar to any of the foregoing).
We shall not be liable for any claim arising from or related to any such delay, interruption or unavailability of the Site, for whatever reason. In the event of service disruption, your data may be lost or destroyed. Any Site action(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than the Site to ensure the accuracy and completeness of such action(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
Copyright and Trademark Notices. The information, materials, names, marks, images, and all other content contained in and on the Site ("Content"), are owned or licensed, except as otherwise expressly stated, by BankNewport and/or its subsidiaries or affiliates. Except as otherwise expressly stated herein, you may not copy, modify, transmit, display, perform, distribute, frame, store or otherwise use Content, in whole or in part, in any manner, without our prior written consent. Subject to your compliance with these Terms, you may download information and print out hard copies of information available on the Site for your informational personal or non-commercial internal business use, so long as you do not remove any copyright or other notices contained in such information. The display of trademarks or service marks within this Site does not grant you a license of any kind to such marks. You are prohibited from using tradenames, trademarks or service marks displayed on the Site for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without prior written permission of the person or entity that owns the marks.
Notice of Claims of Intellectual Property Violations. BankNewport respects the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the content of the Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by United States mail or electronic mail to: Marketing.Department@banknewport.com. Under applicable law your notice of an alleged copyright infringement must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to have been infringed;
- Identification of the copyrighted work claimed to have been infringed (if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site);
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BankNewport to locate the material
- Information that is reasonably sufficient to permit BankNewport to contact the complaining party, such as an address, telephone number, and (if available) an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and * A statement that the information in the notification is accurate and (under the penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
BANKNEWPORT DOES NOT PROMISE AND MAKES NO WARRANTY THAT THE SITE (INCLUDING ALL INFORMATION, FUNCTIONALITY, AND SERVICES MADE AVAILABLE THROUGH THE SITE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, CONTAMINATION, OR OTHER DESTRUCTIVE FEATURES, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE (INCLUDING THIRD PARTY INFORMATION) IS PROVIDED ON AN "AS-IS" "WHERE-IS" AND "WHERE-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. BANKNEWPORT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. BY OFFERING THIS SITE AND INFORMATION, FUNCTIONALITY, AND SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY BANKNEWPORT TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION, FUNCTIONALITY OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, FUNCTIONALITY OR SERVICES IS PROHIBITED BY LAW. FURTHER, BANKNEWPORT WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL BANKNEWPORT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND BANKNEWPORT’S CONTROL. BANKNEWPORT 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 SITE.
Conflicts, Severability, and Waiver. These Terms are subject to any other agreements you have entered into with BankNewport. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision will be deemed to be restated to reflect as nearly as possible the original intention underlying the unenforceable provision. We can delay enforcing any of our rights under these Terms or in connection with the Site without losing them. We will not be deemed to have waived any of our rights under these Terms unless such waiver is in writing and signed by us. A waiver on any one occasion shall not be construed as a bar or waiver of any rights on future occasions.
Governing Law and Remedies. These Terms and their enforcement shall be governed by the laws of the United States and the laws of the State of Rhode Island, without regard to its conflicts of law or choice of law provisions. We reserve the right to seek all remedies at law and in equity for violations of these Terms, including the right to block access from a particular internet address to the Site.