Unauthorized use of the Website, including, but not limited to, unauthorized entry into New Omni’s systems, misuse of passwords, or misuse of any information posted, is strictly prohibited.

This Website is not intended for children under 13 years of age. By using this Website, you affirm that you are 13 years of age or older.

This Website contains cookies. Use of the Website may be monitored. By using the Website, you consent to such monitoring. Some parts of the Website require identification and the use of a login and password. If you use these services, you acknowledge that you are responsible for and will establish reasonable security procedures and controls, including, but not limited to, restricting access to and protecting your password and other identifying information. All content requiring a login and password are covered by the Online Banking Agreement.

You acknowledge that New Omni may disclose and transfer any information that you provide though this Website as described in our Privacy Notice and Statement, which are incorporated into this Terms of Use by reference.

Web Content and Materials

The information on this Website is believed to be reliable but New Omni does not warrant its completeness, timeliness, or accuracy, and expressly disclaims liability for errors or omissions in the materials and information. Any dated information is published as of its date only and New Omni does not undertake any obligation or responsibility to update or amend such information. New Omni may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. New Omni reserves the right to terminate any or all website offerings or transmissions without prior notice you.

By offering the Website and information, products, and/or services on this Website, no distribution or solicitation is made by New Omni to any person to use the Website or such information, products, or services in jurisdictions where the provisions of the Website and such information, products, or services is prohibited by law.

The information on the Website is not intended as an offer or solicitation for the purchase of any New Omni product or service. Eligibility for particular products and services is subject to the final determination by New Omni. Products and services described on the Website are subject to the terms and conditions of the applicable agreements for each such product or service.

Links to Other Sites

For your convenience only, the Website may from time to time provide links to non-New Omni websites. While New Omni will attempt to select and provide links to non-New Omni websites that it believes may be of interest to you, New Omni does not screen, review, approve, or otherwise endorse any content or information contained in any non-New Omni websites or endorse its security. New Omni has no or little knowledge or control or information over the content of the non-New Omni websites. In all cases, your use of such links is at your own risks. You agree to read and adhere to the policies and terms applicable to those websites. If you choose to link to a website not controlled by New Omni, New Omni makes no warranties, either express or implied concerning the content of such sites, including the accuracy, authenticity, completeness, reliability, accessibility, or suitability for any particular purpose. New Omni does not warrant that such website or its content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such website or its content is devoid of viruses or other contamination. Links to non-New Omni websites do not imply any endorsement of, or responsibility for, the opinions, ideas, products, information, or services, offered at such website, or any representation regarding the content of such websites.

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, failure 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 contents;
• Overload of system capabilities;
• Damage caused by severe weather, earthquake, wars, insurrections, riots, civil commotions, acts of God, accidents, fires, water damage, explosions, mechanical breakdowns, or natural disasters;
• Partial or total interruptions of power supplies or other utility or service;
• Strikes or other stoppage, whether partial or total, of labor;
• Governmental or regulatory restrictions, court orders, or other human interventions; or
• Any other cause whatsoever beyond the control of New Omni.

Limitation of Liability

BECAUSE OF THE POSSIBLITY OF HUMAN OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE, INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES OR REPRESENTATIONS REGARDING THE WEBSITE. NEW OMNI DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE, NEW OMNI WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, INACCESIBILITY, OR ANY 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 NEW OMNI BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NEW OMNI’S CONTOL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.

NEW OMNI IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE, OR BODILY INJURY IN CONNECTION WITH ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE. UNDER NO CIRCUMSTANCE WILL NEW OMNI 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, THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER NEW OMNI HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING NEW OMNI’S RESPONSIBILITIES OR OBLIGATIONS TO CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

Prohibited Activities

In using this Website, you agree not to:

a. Misrepresent your identity in any way, or use or access the Website to impersonate any person or entity;

b. Violate or attempt to violate the security or operation of this Website. Any such violations may result in criminal and/or civil penalties against you. New Omni may investigate any suspected violation and, if a criminal violation is suspected, New Omni will cooperate with law enforcement and governmental or regulatory agencies in their investigation;

c. Send or otherwise transmit to or through this Website any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, any material that can cause harm or delay to this Website or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials, including but not limited to chain letters, unsolicited messages, “spamming” or “phishing” messages, message marketing, or advertising goods and services;

d. Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

e. Transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;

f. Modify, adapt, or translate any portion of the Website;

g. Reverse engineer, disassemble, or decompile any section or technology on this Website;

h. Modify, adapt, or translate any portion of the Website;

i. Remove, obscure, or modify any copyright, trademark, or other proprietary rights notice from the Website; and/or

j. Violate any applicable laws or regulations or these Terms of Use.

Indemnification

You agree to defend, indemnify, and hold harmless New Omni, its affiliates, and their respective directors, officers, employees, and agents, from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of this Website, including such violations or misuses conducted by your employee or agent, if applicable.

New Omni Bank Online Agreement

If you are enrolled in New Omni Bank Online, your use of online banking services is governed by our Online Banking Agreement. If there is inconsistency between these Terms of Use and the Online Banking Agreement, the Online Banking Agreement shall be controlling to the extent of such inconsistency.

Intellectual Property Notices

All copyright, trademark, design rights, patents and other intellectual property rights (registered and unregistered) in and on this Website belong to New Omni Bank, N.A. and/or our licensors and is for your personal, non-commercial use only. New Omni reserves all of its rights in the Website. Nothing in the Terms of Use grants you a right or license to use any trademark, design right, or copyright owned or controlled by New Omni or any other third party except as expressly provided in the Terms.

Amendments to Terms of Use

New Omni may amend these Terms of Use from time to time at its sole discretion. It is your responsibilities to check the Website periodically for changes to these Terms of Use. The Terms of Use posted on the Website as of your use of the Website shall govern the relationship between you, the user, and New Omni in respect to your use of the Website. If you do not agree with the Terms of Use, as amended, you must not continue to use the Website.

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 remain in full force and effect. These Terms and Conditions shall be subject to any other agreements you have entered into with New Omni. The laws of the State of California exclusively govern the user’s access to and use of the Website and these Terms of Use.

Termination and Changes in Terms

New Omni reserves the right to terminate any or all Website offerings or transmissions without prior notice to you. New Omni further reserves the right to modify these Terms of Use at any time without notice. The most current version of the Terms of Use will be available on the Website. If you find the Terms of Use unacceptable, you may discontinue your use of the Website. By continuing to access the Website, you agree to be bound by the Terms of Use posted at the time of access.