User Agreement
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THIS WEBSITEYOU AGREE TO BE BOUND BY THE TERMS BELOW. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS THIS WEBSITE.
Notice
1stMILE, its affiliates and subsidiaries (collectively called “1stMILE“), are providing this website (the “Site“) to you subject to the following terms (“User Agreement“). These terms should be read carefully as they exclude or limit 1stMILE liability and set forth the terms and conditions which apply to your use of the Site.
Use of information and materials
The information and materials contained in the pages on our Site, and terms, content, products and services described on this Site, are subject to change. Unauthorized use of 1stMILE Site and related systems, including without limitation, unauthorized entry in our systems, misuse of passwords, or misuse of any content posted on the Site is strictly prohibited. Your eligibility for a particular product or service is subject to final determination by 1stMILE or its affiliate.
Third party links
1stMILE is pleased to make available to you links to other sites on the World Wide Web. 1stMILE believes the links from its Site are to reputable companies. However, 1stMILE makes no representations or warranties regarding the non–1stMILE websites or the companies maintaining them. 1stMILE does not control or monitor such websites, and 1stMILE does not endorse the content or the use of any other Website. If you choose to access non–1stMILE Websites through links on our pages, you accept responsibility for all related risks.
Submissions
You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to 1stMILE via its Site. You also agree to maintain and promptly update any such information to keep it accurate.
Privacy; security
We understand the need to safeguard your information and records from unauthorized use and disclosure. Please see the 1stMILE Privacy Policy and Security Disclosures posted on the Site.
Copyright & trademarks
The trademarks, logos and service marks (“Marks“) displayed on the Site are the property of 1stMILE and other parties. You are prohibited from using any Marks without the written permission of 1stMILE or such third party which may own the Marks. All content displayed or available through the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Site for any commercial, public, or unlawful purpose.
Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications to 1stMILE of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.
Cross border transmission of data
You acknowledge and agree that by providing 1stMILE with your personal or proprietary information in any application or transaction request through this Site, you hereby consent to the transmission of such personal or proprietary information to or by 1stMILE, and its service providers or marketers, over state and international borders as necessary for handling your application or transaction request in accordance with 1stMILE standard business practices, subject to 1stMILE Privacy Policy.
Illegal, fraudulent or improper activity
You will not use this Site or any financial service or product by 1stMILE for any illegal, fraudulent, unauthorized, or improper activity (a “Prohibited Use“). If we suspect that you may be engaging in any Prohibited Use, including any violation of any terms or conditions relating to this Site or any financial service or product by 1stMILE, your access to this Site and any financial service or product may be suspended or terminated without notice. Also, access to this Site or your financial transactions may be suspended or terminated if any access device or code has been reported lost or stolen, or you do not follow 1stMILE applicable security procedures, or when 1stMILE reasonably believes that there is unusual activity on any of your financial accounts with us. You agree to cooperate fully with 1stMILE to investigate any suspected Prohibited Activity or unauthorized use.
Availability
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. 1stMILE will restrict the availability of the Site during the time when you are in the following countries: Cuba, Iran, Liberia, Myanmar/Burma, North Korea, Sudan, and Syria in order to facilitate 1stMILE compliance with the U.S. laws administered by the Office of Foreign Assets Control.
No warranties
THIS SITE AND RELATED SERVICES AND ALL INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” OR “AS AVAILABLE”. 1STMILE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND 1STMILE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THERE IS NO WARRANTY THAT ANY SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON ORTHROUGH THIS SITE, OR 1STMILE COMPUTER SYSTEM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING THE WARRANTIES OF NON–INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IS GIVEN BY 1STMILE IN CONNECTION WITH THIS SITE OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF 1STMILE HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Limited liability
IN NO EVENT SHALL 1STMILE OR ANY VENDOR BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF 1STMILE, OR ITS REPRESENTATIVE THEREOF, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, EXCEPT AS LIMITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold 1stMILE and its vendors harmless from and against all claims, losses, liability, cost, and expenses (including attorneys’ fees) arising from your violation of this User Agreement or misuse of this Site, or any service, product, information or materials provided through this Site. Your obligations under this Section will survive your termination of access to or use of this Site, or nonuse of any service, information or material.
Changes to user agreement
1stMILE reserves the right to modify this User Agreement at any time without notice, but the most current version of the User Agreement will always be available to you by clicking on the link at the bottom of this Site. If you find the User Agreement unacceptable at any time, you may discontinue your use of this Site, but such User Agreement shall survive such discontinuation with respect to activity occurring prior to such discontinuation. By continuing to use this Site after the date of any change of this User Agreement, including accessing the Site, you agree to be bound by the provisions contained in the most recent version of this User Agreement.
Applicable Law; Forum
This Site (excluding linked sites) is controlled by 1stMILE from its offices within the State of Washington, United States of America. By accessing this Site, you agree that all matters relating to your use of this Site shall be governed by the statutes and laws of the State of Washington, and the federal laws of the U.S.A., without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply.
Jurisdiction and venue
You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts in King County, Washington, and the United States District Court for the Western District of Washington, Western Division, with respect to all matters relating to your use of this Site and any information or materials available through this Site. You hereby consent to such jurisdiction and venue.
Arbitration
The terms and conditions of 1stMILE Arbitration Provision posted on this Site is incorporated into and made a part of this User Agreement.
Electronic communications
To the fullest extent permitted by applicable law, this User Agreement and any other agreements, notices, disclosures, messages or alerts, or other communications regarding the Site or any financial service or product with 1stMILE (collectively referred to as “Communications“), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within this Site and/or delivered to your e–mail address on record with us. You will print a paper copy of any electronic Communication and retain it for your records. All electronic Communications will be considered to be “in writing,” and to have been received and effective upon posting on this Site or dissemination to your email address, whether or not you have retrieved or read the electronic Communication. 1stMILE reserves the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying 1stMILE by a paper writing of your decision to do so. If you revoke your consent to receive Communications electronically, 1stMILE may terminate your right to use the Site or obtain electronically 1stMILE financial services or products (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from an involuntary termination of a Financial Service, to the extent permitted by law.