Terms of Use

Last Amended: September 1, 2024

Welcome to www.ppbi.com, www.comescrow.com, and www.pacificpremiertrust.com. These websites and the related products, services, features, materials, downloads, tools, and mobile applications available on or through the websites (collectively, “Site”) are owned and operated by Pacific Premier Bank, Commerce Escrow, and Pacific Premier Trust (collectively, “Company,” “we,” “our,” or “us”). Your use of the Site is subject to these Terms of Use (“Terms”). The terms “you” or “your” mean the person or the entity on whose behalf a person is accessing or using the Site.

PLEASE NOTE THAT THESE TERMS CONTAIN A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. FOR MORE INFORMATION, PLEASE SEE THE “DISPUTE RESOLUTION: MANDATORY CLASS AND COLLECTIVE ACTION WAIVER” SECTION.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE. THESE TERMS MAY BE UPDATED FROM TIME TO TIME.

1. Access and Use

You may access and use the Site solely for lawful, personal, or internal business purposes. The Site is the sole property of Company and is provided to you for your informational purposes only. You agree to use the Site only for the purposes for which we provide the Site and in accordance with these Terms. You also agree to comply with applicable laws. If you are accessing the Site from outside the United States, you agree to comply with any local laws that apply to your access and use of the Site. Company reserves the right to deny use or access to any part of the Site at our sole discretion.

2. Privacy

This Site is subject to Company’s Financial Privacy Notice, California Privacy Notice, and Online Privacy Policy and such policies are expressly incorporated herein. Please visit the policies for details regarding how we collect and use your personal information.

3. Security

Certain areas or features of the Site may require you to register for an online account with a user ID and/or password (“Account”). Your user ID, password, and any information that you provide in connection with your Account must remain accurate and complete at all times. You agree to: (a) notify us immediately if you become aware of any unauthorized use of your Account, any breach in the confidentiality of your Account, or any breach or attempted breach of security involving the Site; and (b) not access or attempt to access any non-public areas of the Site. You hereby grant to Company the right to monitor and access your Account for the purpose of providing you with the Site. We have the right to suspend or terminate your Account for any reason.

4. Prohibited Uses

You agree not to use the Site to:

  1. encourage a violation of any law or regulation by others;
  2. abuse, harass, stalk, defame, impersonate, or invade the privacy of anyone;
  3. infringe the rights of any third party, including intellectual property rights;
  4. transmit “junk mail,” “spam,” “pyramid scheme” solicitations, or any other mass distribution of unsolicited e-mails;
  5. interfere with the functioning of the Site;
  6. send abusive, obscene, hateful, or otherwise offensive content through the Site;
  7. reverse engineer, modify, or de-compile any part of the Site;
  8. engage in “screen-scraping” in an attempt to obtain a list of Site users; or
  9. reproduce, adapt, distribute, perform, or display any content on the Site.

5. Intellectual Property

The Site may contain: (a) materials and other items relating to Company and its services; (b) logos, service marks, trademarks, trade names, and trade dress of Company and its licensors; and (c) other forms of intellectual property (all of the foregoing, collectively, “Content”). All Content is the property of Company or its licensors and is protected by copyright laws. You do not have any ownership rights to the Site or any of its Content. All rights in and to the Site and its Content not expressly granted in this provision remain with Company and its licensors.

6. Third Party Websites and Advertising

The Site may contain links to third party websites, features, or other online platforms (“Third Party Websites”). Company does not control, review, endorse, warrant, guarantee, or take responsibility for the content or data practices of Third Party Websites. If you decide to access or use any Third Party Website, you agree that you do so entirely at your own risk. Company is neither responsible nor liable for any loss or damage as a result of any access or use of Third Party Websites.

7. Additional Terms

Certain parts or features of the Site may be subject to additional terms and conditions that are not expressly stated in these Terms, such as areas of the Site where payments are collected from you (collectively, “Additional Terms”). You agree to comply with such Additional Terms that apply to your use of the applicable parts or features of the Site. In case of any conflict between these Terms and Additional Terms, the Additional Terms will control.

8. Indemnification

You agree to indemnify, defend, and hold harmless Company and its trustees, officers, directors, employees, agents, and affiliates (collectively, “Company Parties”) from and against all claims, actions, proceedings, damages, and costs (including attorneys’ fees) related to or arising out of or in any way related to your access or use of the Site or Content, whether arising from negligence or any other acts or omissions by Company. You will defend, indemnify, and hold harmless the Company Parties from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any allegation, claim, lawsuit, or proceeding (each, a “Claim”) to the extent such Claim is based on your use or access of the Site or Content in connection with: (a) an infringement of any patent, trademark, copyright, trade secret or other intellectual property right, including costs and expenses; (b) any breach of these Terms; (c) any unlawful, improper, or negligent use of the Site or Content by anyone; (d) any dispute between you and a third party in connection with the Site or Content; or (e) your negligence, willful misconduct, or fraud. You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our express prior written consent.

9. Disclaimer

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR CONTENT. COMPANY DOES NOT WARRANT OR GUARANTEE THE COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SITE AND/OR ITS CONTENT. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR HARM THAT OCCURS RESULTING FROM ANY USE OF THE SITE OR CONTENT. YOUR USE OF THE SITE AND CONTENT IS SOLELY AT YOUR OWN RISK.

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES CONTAINED IN THIS SECTION, THE EXCLUSIONS IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT COMPANY PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, SAVINGS, OR DATA, WHETHER BASED ON CONTRACT, TORT, EQUITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY ACCESS OR USE OF THE SITE AND/OR ITS CONTENT, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THE SITE OR CONTENT IS $200 (TWO HUNDRED DOLLARS).

11. Dispute Resolution: Mandatory Class and Collective Action Waiver

Important: This Section 11 limits certain legal rights and includes a waiver of the right to participate in any form of class or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

  1. You agree that you will not sue Company as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action lawsuit against Company. Nothing in this Section 11, however, limits your rights to bring a lawsuit as an individual plaintiff.
  2. You understand, acknowledge, and agree that any legal proceeding arising out of or relating to these Terms, your use of the Site, or your relationship with Company shall have, as its forum, a state or federal court of competent jurisdiction in the State of California. You hereby waive any objection to personal jurisdiction or venue in the state or federal courts of the State of California.
  3. In any legal proceeding arising out of or relating to these Terms, your use of the Site, or your relationship with Company, the governing law (including substantive and procedural laws) shall be that of the State of California, without regard to California’s choice-of-law provisions.
  4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY LAWSUIT AGAINST COMPANY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

12. Miscellaneous

  1. Amendments. Company may amend these Terms at any time. You agree that any requirement to notify you of any such changes to these Terms is satisfied by us posting the changes on the first page of these Terms. In certain cases, we may also provide a summary of changes to these Terms via email to your email address on file with us. Any changes to these Terms will be effective upon the “Last Amended” date on the first page of these Terms; provided that these changes will be prospective only and not retroactive. ACCORDINGLY, EACH TIME YOU ACCESS OR USE THE SITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND YOU AGREE TO SUCH NEW TERMS. YOUR USE OF THE SITE AFTER SUCH NEW TERMS HAVE BEEN POSTED CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR ACCESS AND USE OF THE SITE.
  2. Governing Law. The validity, interpretation, and legal effect of these Terms will be governed by the substantive and procedural laws of the State of California, without reference to its conflict of law provisions.
  3. Notices. You may send notices to us at: Pacific Premier Bank, 17901 Von Karman Suite 1200, Irvine, CA, 92614. We may send notices to you at your postal or e-mail address in your Account, or by posting a message on the Site.
  4. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remainder of the Terms will continue in effect.
  5. Waiver. Any waiver of the provisions of these Terms must be in writing to be valid. No waiver will occur as a result of a usage of trade, custom, or practice.