TERMS OF USE

THESE TERMS GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE.

These terms of use (“Terms of Use”) are provided on behalf of Hatch Bank and its affiliates (“Bank,” “we,” “us” and “our”). By using www.hatchbank.com, including any pages thereof (the “Website”), you acknowledge that you have read, understand and agree to be bound by these Terms of Use, all disclosures, agreements, statements, notices and other documents related to our savings accounts and/or time deposit account(s) and the related services offered by the Bank, regardless of whether or not you are a Bank client or registered user of our accounts or services (each, a “Service,” and collectively referred to as the “Services”). If you do not wish to be bound by these Terms of Use, you should not access or use the Website or Services. If there is any inconsistency between these Terms of Use and another agreement you enter into that is applicable to Services offered on the Website, then the other agreement will take precedence as it applies to such Services.

In order to use the Site, you must be:

  • at least 18 years old, and
  • a legal resident of the United States.

If you do not satisfy the above restrictions, please do not use the Website or access content from the Website.

Unauthorized use of the Website, including, but not limited to, unauthorized use of Hatch Bank’s Services, or misuse of any information posted on the Website is strictly prohibited. Hatch Bank makes no representation that the Services described on the Website are available in all countries. Your eligibility for particular Services is subject to final determination by the Bank.

Changes and Modifications

We reserve the right in our sole discretion for any reason to temporarily or permanently modify or discontinue the Website or any portion of the Website or modify these Terms of Use at any time without notice to you. Changes to these Terms of Use will become effective immediately upon the posting thereof, unless prohibited by applicable laws or regulations. Please review these Terms of Use from time to time because your continued use of the Website following the posting of changes will constitute your acceptance of the revised Terms of Use.

Use of Personal Information

Hatch Bank’s practices and policies with respect to the collection, use and sharing of nonpublic personal information collected from or about you when you visit the Website is governed by the Hatch Bank Online Privacy Policy, which is hereby incorporated in its entirety and available at this website here.

Potential Disruption of Service

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • Software failure, including among other things, 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;
  • Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • Interruption (whether partial or total) of power supplies or other utility of service;
  • Strike or other stoppage (whether partial or total) of labor;
  • Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Hatch Bank.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Website and the Services. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website. You agree that you will not register for an account on behalf of an individual other than yourself or impersonate any other person or entity, or falsely state or otherwise misrepresent your identity, age, or your affiliation with any person or entity. You further agree that you will not use or attempt to use another individual’s account without our authorization.

Intellectual Property

You agree that the Website and all logos and trademarks and service marks and/or trade dress, whether or not registered (collectively, the “Marks”) that are related to our Services are the property of the Bank or of our licensors. You may not copy, imitate, or use the Marks without our prior written consent. In addition, the copyright in all page headers, custom graphics, button icons and scripts, web pages and the information and material contained therein are owned by the Bank unless otherwise indicated. You may not copy, imitate, or use any of them without our prior written consent.

No Warranties; Disclaimers; Limitation on Liability

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED “AS IS” “AS AVAILABLE”. HATCH BANK AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. HATCH BANK AND THIRD-PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, HATCH BANK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL HATCH BANK BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HATCH BANK’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

HATCH BANK AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, HATCH BANK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HATCH BANK AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING HATCH BANK’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

UNDER NO CIRCUMSTANCES HATCH BANK BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER HATCH BANK HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Indemnification

You agree to indemnify, defend, and hold harmless Bank, its affiliates, partners, officers, employees, agents, representatives, suppliers, and content and service providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity, including negligent or wrongful conduct, by you in connection with your use of this Website or the Services. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing, or delivering the Website or Services reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without the prior written consent of Bank and any such third party.

Acceptable Use

You accept sole responsibility for all of your activities using the Site. You may not use the Site in a manner that:

  • Uses technology or other means not authorized by us to access the Site Information or our systems;
  • Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access, or otherwise gather any Site Information or our systems, (b) reproduces or circumvents the navigational structure or presentation of the Site, or (c) otherwise harvests or collects information about users of the Site;
  • Reverse engineers, decompiles, or disassembles any portion of the Site, except where such restriction is expressly permitted by applicable law;
  • Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
  • Attempts to gain unauthorized access to our computer network or user accounts;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
  • Is unlawful, fraudulent, or deceptive;
  • Attempts to damage, disable, overburden, or impair our servers or networks;
  • Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes, or otherwise exploits any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent;
  • Fails to comply with applicable third-party terms; or
  • Otherwise violates these Terms.

Termination

Subject to applicable law and the terms of any Services, we reserve the right, in our reasonable discretion, to terminate your license, your use of the Website, your user account, or any Service provided to you and to assert our legal rights with respect to content or use of the Website that we reasonably believe is, or might be, in violation of these terms or the terms of any Service.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Hatch Bank. The user’s access to and use of the hatchbank.com Website, and the terms of this disclaimer are governed by the laws of the State of California.

Contact Us

Please contact Hatch at 760-736-2000 or at hello@hatchbank.com if you have questions regarding this Website or these Terms of Use.

Rev. Dec. 2020