Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  BY ACCESSING THIS WEBSITE OR ANY PAGES WITHIN THIS WEBSITE, OR BY USING THESE SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE OR ANY PAGES WITHIN IT.

Ownership of Website and General Terms of Use

This is an agreement between you and Beneficial State Bank ("Beneficial," "we," "us" or "our").  The terms and conditions of use ("Terms of Use") contained in this document shall govern your access to and use of this website (Website), including any content, functionality and services offered on or through the Website (collectively "Services").  "You" and "your" refer to you or any person who accesses or uses the Website or Services.

BENEFICIAL OFFERS THIS WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS OF USE.  YOUR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. 

Beneficial reserves the right, at its sole discretion, to change, modify, add to or remove from these Terms of Use, at any time.  It is your ongoing responsibility to check these Terms of Use periodically for changes.  Your use of the Website following the posting of changes means you unconditionally accept and agree to such changes.  So long as you comply with these Terms of Use, Beneficial grants you a personal, non-exclusive, nontransferable and limited privilege to enter and use the Website.

Additional Terms

Use of this Website shall be governed by all applicable federal, state and territorial laws.  These Terms of Use shall be construed in accordance with the laws of the State of California and any legal proceedings to enforce or interpret the terms of this Website may be brought only in the State of California.

Content

This Website, including but not limited to its design, structure, text, graphics, user and visual interfaces, images, trademarks, logos, sounds, music, artwork and computer code (collectively "Content"), is owned, controlled or licensed by or to Beneficial and is protected by copyright, patent, trademark and various other intellectual property laws.

The Content of this Website is protected under applicable copyright and trademark laws of the United States.  No part of this Website or the Content may be copied, reproduced, republished, transmitted or distributed in any way for a commercial purpose without Beneficial's prior express written consent.  Any such unauthorized use, copying, reproduction, republication, transmission or distribution without Beneficial's prior express written consent is strictly prohibited and could subject the violator to legal action.

You may download and/or use information on this Website regarding Beneficial’s products and services provided that you (1) do not remove any proprietary notices, (2) use such information only for your personal and non-commercial purposes and (3) do not modify such information.  This Website is not intended to be distributed to or used by any person or entity in any jurisdiction or country where such distribution or use would be restricted or prohibited by applicable law or regulation.

Use of the Website

You expressly agree that you will not misuse this Website or the Content or use this Website or Content in any manner that violates, or is contrary to, any applicable law or regulation or these Terms of Use.  You further agree not to obtain or attempt to obtain any materials, documents or information that is not intentionally made available for your access through this Website.  You may not attempt to access any portion or feature of this Website, Content or any associated systems, networks or servers by means of hacking, password "mining" or any other illegal means.  You may not probe or test the vulnerability of the Website or any associated network or breach the security or authentication measures of the Website or associated network.  You may not obtain or attempt to obtain information about users of the Website or Beneficial’s customers, other than yourself, by any means, including reverse look-up or tracing. 

You agree not to take any action that will or might impose an unreasonable or unusually large burden on the Website’s infrastructure or Beneficial's systems or networks.  You agree not to use any device, software or other method to interfere with the proper functioning of the Website or any transaction conducted on it, or with any other person's use of the Website.  Unauthorized use of the Website for the purpose of the transmission of unsolicited emails may result in civil and criminal penalties as well as those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030, et seq.).

Accounts, Passwords and Security

Some features or services offered through the Website require you to open an online account, including selection of a username and password.  You are solely responsible for selecting your username and password and for maintaining the confidentiality of your account information as well as all activity that transpires under your account.  You agree to notify Beneficial immediately if you become aware of any unauthorized use of your account or any other breach of security, including "phishing" incidents.  You may be liable for losses incurred by Beneficial or any other user of the Website which result from someone other than you misusing your account.  You may not use anyone else's account to access the Website at without the express permission and consent of such other person.

By using this Website you acknowledge and agree that Beneficial is not liable for any loss or damage that arises from your failure to follow the Terms of Use or you misuse of the Website.  You agree not to send confidential information to us over the Internet unless 1) you have notified us in advance of the intended transmission, 2) we have acknowledged receipt of your notice and agree to receive the information and 3) all confidential information transmitted to us via the Internet has been encrypted or sent via a pre-arranged File Transfer Protocol (“FTP”) site.  You also acknowledge that, despite the use of security measures, Internet transmissions are never completely private or secure and any information you send to the Website or to us via the Internet may be read or intercepted by others.  Accordingly, by using this Website you further acknowledge and agree that Beneficial will not be responsible or liable for any losses or damages you may suffer as the result of transmitting confidential information to us through the Website or via the Internet, even if such transmission has been encrypted.

Disclaimers

BENEFICIAL DOES NOT PROMISE THAT THE WEBSITE OR ITS CONTENT IS ERROR-FREE OR WITHOUT INTERRUPTION, OR THAT PROBLEMS WITH THE WEBSITE WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS.  BENEFICIAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR QUALITY OF THE WEBSITE OR THE CONTENT, NOR DOES BENEFICIAL MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE EXPECTED BY YOUR USE OF THE WEBSITE OR CONTENT.  BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT 1) THE WEBSITE AND CONTENT ARE DELIVERED "AS IS;" 2) THAT INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE; AND 3) THAT BENEFICIAL DOES NOT ENSURE THAT FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.  BENEFICIAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF A WORKMANLIKE EFFORT.  BENEFICIAL 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.  YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND CONTENT.  YOUR SOLE REMEDY AGAINST BENEFICIAL FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND US.

The above disclaimers apply to any and all claims, actions or lawsuits against Beneficial for damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, failure, computer virus, unauthorized access to, or alteration of, or use of the Website or Content, whether such claims, actions or lawsuits are for breach of contract, tort, negligence or other cause of action.  In its sole option and discretion, Beneficial reserves the right to do the following at any time without notice: (1) modify, suspend or terminate operation of, or access, to the Website or Content; (2) to interrupt the operation of the Website and 3) modify these Terms of Use.

Limitation of Liability

BENEFICIAL WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE WEBSITE,  CONTENT, LINKED WEB PAGES, OR REFERENCED ON THE WEBSITE, OR YOUR RELIANCE ON THE INFORMATION WITHIN THE WEBSITE OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORSEEABLE.

Links to Other Websites and Third-Party Companies and Products

Four your convenience, Beneficial may refer to or include hyperlinks to information, products or services offered on websites or Internet resources owned or operated by companies that are not affiliated with Beneficial ("third-party website").  Such hyperlinks are provided to you on an "as is," "as available" basis, and links to third-party websites are solely for informational purposes and for use at your own risk.  Unless otherwise stated, Beneficial does not endorse, approve or guarantee information, products or services provided by third-party websites, and Beneficial disclaims any and all liability in connection therewith.  In addition, Beneficial is not responsible for the content or accuracy of third-party websites and Beneficial is not responsible for any loss or damages that result from the use of a hyperlink on the Website nor is it liable for any failure of products or services advertised or provided on these linked third-party websites.

Mention of third-party products, companies and websites is for informational purposes only and constitutes neither an endorsement nor a recommendation.  Beneficial assumes no responsibility for, and disclaims any and all liability with regard to, such third-party products or vendors.  Beneficial has not tested or verified information found on these third-party websites, and it makes no representations regarding the quality, safety or suitability of any information found there.

Electronic Banking Services Terms of Use and Privacy Statement

Additional terms and conditions apply to Beneficial's electronic banking services.  Click here to view these terms and conditions.

Violation of These Terms of Use

Beneficial reserves the right to disclose your identity and any information we have about you should doing so become necessary in connection with any investigation or complaint (including, but not limited to, any governmental, regulatory or law enforcement inquiry) regarding your use of the Website, or to identify and bring legal action against anyone who may be causing injury to or interfering with, whether intentionally or unintentionally, Beneficial's rights or property, or those of visitors and customers who access the Website.  Beneficial reserves the right at all times to disclose any information that Beneficial deems necessary to comply with any applicable law, regulation, legal process or governmental request.  Beneficial also may disclose your information when it determines that applicable law requires or permits such disclosure for fraud protection purposes.  You acknowledge and agree that Beneficial may preserve any transmission or communication from you to Beneficial through the Website, and may also disclose such data if  Beneficial determines it is required to do so by law or that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of Beneficial, its employees, users of or visitors to the Website or the public.  You agree that Beneficial may, in its sole discretion and without prior notice, terminate your access to the Website and Content if we determine that you have violated these Terms of Use or other agreements you may have with us, or for other cause including such things as (1) requests by law enforcement or governmental agencies, (2) modifications to or discontinuance of the Website or Content, or (3) unexpected technical issues or problems.

Dispute Resolution Agreement

You acknowledge and agree that to the extent permitted by applicable law, any claim or dispute related to these Terms of Use or your use of the Website or duties contemplated under these Terms of Use, including the validity of this arbitration clause (the "Claim"), shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with the then current Commercial Arbitration Rules.  Any such arbitration shall take place in California.  The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16 to the exclusion of any provision of state law inconsistent therewith or which would produce a different result.  All claims and disputes shall be adjudicated by a single, neutral arbitrator on an individual basis and not as a class action.  The arbitrator shall determine the claim of the parties and render a final award in accordance with the substantive law applicable.  The parties to such arbitration shall have the rights of discovery and appeal as allowed by the American Arbitration Association’s rules.  Strict confidentiality shall govern any arbitration proceedings, information submitted during the arbitration and to the decision or award issued by the arbitrator.  Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator.  These terms shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses.

The above procedures are the sole and exclusive means of resolving of disputes between the parties arising out of or relating to your use of the Website; however, a party may request temporary remedies in a court of law having competent jurisdiction to maintain the status quo or to protect goods or property until the arbitration has been initiated.

Each party is required to continue to perform their/its obligations under these Terms of Use until the dispute has been finally resolved unless doing so is impossible or impracticable under the circumstances.

Web Accessibility

In accordance with our mission, Beneficial is committed to meeting and strives to comply with the online usability and web page design requirements recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines 2.0.