Terms and Conditions

Terms and Conditions of Use

Last Updated: January 29, 2019

These Terms and Conditions of Use (“Terms and Conditions”) describe the terms and conditions that govern your access to and use of this website or a related website owned or operated by or for Berkshire Hills Bancorp, Inc. or any of its affiliates (the “Website”). As used in these Terms and Conditions, “we,” “us” and “our” means the entity within the Berkshire Hills Bancorp, Inc. family of companies by or for whom the Website is operated.

Access to or use of the Website constitutes your consent to the Terms and Conditions, so please read them carefully.  If you do not consent to and agree to be bound by these Terms and Conditions, please do not access or use the Website. 

To find out how we use and protect your personal and non-personal information, please review Online Privacy Statement which is incorporated into these Terms and Conditions as if fully set forth herein. 

Changes to these Terms and Conditions

The Terms and Conditions, as well as the information and materials contained on this Website, are subject to change, and we reserve the right to modify the Terms and Conditions without prior notice.  You can determine when the Terms and Conditions were last revised by referring to the "Last Updated" legend at the top of this page. Any changes to the Terms and Conditions will become effective upon posting of the revised Terms and Conditions on the Internet, accessible through the Website. Your use of the Website following such changes constitutes your acceptance of the revised Terms and Conditions then in effect.  We encourage you to periodically review the Terms and Conditions to ensure familiarity with their most current version. If you do not agree with the revisions, then you should not access or use the Website. 

Our Intellectual Property

Our names, logos and tag lines, as well as other phrases and images contained in the Website are trademarks, service marks, trade names and/or trade dress. All trademarks, service marks, trade names, trade dress and related intellectual property rights in any of the products or services offered through the Website (collectively, the “Marks”) are owned by us or our licensors or licensees.  You may not use, reproduce or display any of our Marks, except upon our prior written consent.  The Website and the contents of the Website, including, but not limited to, photographs, images and artwork, and the Website’s overall appearance are our property and are protected by United States copyright, trademark, patent, trade secret and other intellectual property law, and you may not download, modify, reproduce, transmit, distribute, display, publish, transfer, sell or create any derivative works from them without our prior written consent.

Disclaimers and Limitation on Liability

We have taken reasonable measures to ensure that the Website, including all information, data, functionality and services offered on or through the Website (the “Services”), is accurate and current. However, the Website and the Services are provided “AS IS” and “AS AVAILABLE,” and we make no express or implied warranty regarding the Website, including its content and the Services, and hereby expressly disclaim all legal liability and responsibility to persons or entities who use or access the Website and its content, based on their reliance on any information or data that is available through the Website.  The information available on the Website is not intended to constitute and should not be considered as legal advice, nor is it intended to substitute for obtaining legal advice from competent, independent, legal counsel.

USE OF THE WEBSITE, INCLUDING THE SERVICES, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE; OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.  WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE WEBSITE FOR ANY LAWFUL REASON, WITHOUT NOTICE, AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR ANY OF OUR SOCIAL MEDIA SITES, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES RESULTING FROM: RELIANCE ON THE MATERIALS PRESENTED; FAILURE OF PERFORMANCE, LOSS OF USE, DATA, OR PROFITS; COMPUTER VIRUS OR SYSTEM FAILURE; DEFECTS; ERRORS; OMISSIONS; DELAYS OR BUSINESS INTERRUPTIONS; OR ANY THEORY OF LIABILITY.

Not all banking products and services are available in all geographic areas.

Insurance and investment products are NOT FDIC-INSURED, are NOT A BANK DEPOSIT, NOT GUARANTEED BY THE BANK, NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY and MAY LOSE VALUE.

Insurance products are provided by Berkshire Insurance Group, Inc., a Berkshire Bank affiliate, and in New York by Berkshire Insurance Agency, a registered trade name for Berkshire Insurance Group, Inc., a Berkshire Bank affiliate.  

Securities and advisory services are offered by BerkshireBanc Investment Services (a division of Berkshire Bank) and RNL & Associates (a group within the BerkshireBanc Investment Services division) through Commonwealth Financial Network®, member NASD/SIPC, a Registered Investment Advisor.  Berkshire Bank and Commonwealth Financial Network are separate and unaffiliated entities.


The content of this Website is not designed or intended to provide authoritative financial, accounting, investment, or other professional advice which may be reasonably relied on by its readers. If expert assistance in this area is required, the services of a qualified professional should be sought.

Reference to any specific commercial product, process, or service by trade name, trademark, manufacture, or otherwise does not constitute an endorsement, a recommendation, or a favoring by us.

We employ software security programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Such attempts are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act.

This general disclaimer is in addition to, and not in lieu of, any other disclaimers found on pages, applications or programs within this site. In addition, the terms of this disclaimer extend to us and our directors, officers, and employees. 

Links to Other Parties’ Websites and Third Party Content

It is important that you familiarize yourself with the terms and conditions of any website that you visit before providing any information on that website.
Our Website may contain links to websites owned and/or operated by or for other parties (“Linked Sites”). When you click any link to a Linked Site, you are leaving the Website. We are not responsible for the privacy practices or the contents of any Linked Sites, and we make no warranties, either expressed or implied, concerning the content of Linked Sites and disclaim all liability arising from your use of or inability to use Linked Sites.  We provide links to Linked Sites only as a courtesy, and the inclusion of such links in the Website does not imply our endorsement of the owner and/or operator of the Linked Sites, any entity for whom the Linked Sites are operated, the Linked Sites themselves, or any advertisers or sponsors appearing on our Website. Your access to or use of any Linked Sites is governed by the terms or conditions applicable to that Linked Site.  Any information you provide to Linked Sites will be collected by and controlled by the privacy policy and/or practices of the owner or operator of the Linked Site.

Linked Sites are not under our control, and we are not responsible for how Linked Sites use your information, the security of information you provide to or that is collected by Linked Sites, or any changes or updates to Linked Sites. We are also not responsible for any transmission received from a Linked Site. We make no representation as to the completeness or accuracy of information provided on Linked Sites. Nor are we liable for any direct or indirect technical or system issues or any consequences arising out of your access to or your use of third-party technologies, Linked Sites, or information or programs made available on or in connection with any Linked Sites. When you access a Linked Site, you assume total responsibility and risk for your use of such Linked Site
Linked Sites may contain information that is copyrighted with restrictions on reuse. Permission to use such copyrighted materials must be obtained from the copyright owner and cannot be obtained from us.

Indemnification


You agree to defend, indemnify and hold us, and all of our officers, directors, owners, agents, employees, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless for and against any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of the Website or any Linked Sites. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Copyright Takedown Policy

If you believe in good faith that any material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Legal Department
Berkshire Bank
24 North Street
Pittsfield, MA  01201
Phone: (413) 236-3738
E-mail: legal@berkshirebank.com

Social Media Community Guidelines

We are excited to be a part of social media so we can communicate with you in your online communities. In order to keep our conversations on track and your personal information safe online, we’ve created a list of some helpful guidelines to remember. We reserve the right to remove any posting, for any reason, without notice.

Unless otherwise indicated, the views and opinions expressed on any social media site are those of the individual contributor and do not necessarily reflect our views and opinions or any of our related companies. Similarly, comments posted in connection with any blog posts or social media posts are the opinions of the individual who posted the comment, and not our opinions.

Statements contained in social media sites, which are not historical facts, including statements about plans, goals and expectations regarding businesses and opportunities, new or existing business strategies, capital resources and future financial results are “forward looking” as contemplated by the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to risks and uncertainties, including, but not limited to, changes in government regulation, generally accepted accounting principles, taxation, competition, general economic conditions and geopolitical conditions. Accordingly, actual results may differ materially from those projected or implied in the forward-looking statements.

Please keep in mind that if you post to any of our social media sites, you represent that you have the right to post the content contained in your message and have obtained any necessary permission and clearance.

  • Private and Confidential Information: Please do not post personal, private and/or confidential information applicable to you or another person or entity through social media or non-secure email.  We will not be able to respond to your specific account questions through social media or non-secure email. We will never ask you to provide this type of information through Facebook, Twitter, blogs, non-secure email, or any type of public channel.  To discuss concerns about your deposit or loan account, please contact our Customer Service center by phone at 1-800-773-5601.
  • Comments by Employees: We do not endorse any comments made by our employees, unless they are an authorized representative of us. All unofficial statements and viewpoints expressed in the comments are strictly those of the commenters alone.
  • Endorsements: We are not responsible for and do not endorse any content or advertisements posted by social media sites or regarding third party sites or applications that may appear on those social media sites.
  • Affiliation: While we have a brand presence on social media sites; please note that we are not affiliated with these sites. We have no control over how third parties use the information you share on these sites. Your participation in social media is at your own risk. We also recommend that you familiarize yourself with the social media privacy policies of all social media sites before using them. We will not affiliate with sites where the age requirement is below 13 to follow the guidelines of the Children’s Online Privacy Protection Rule (“COPPA”).  Thus, users of our social media channels must be at least 13 years old.
  • Responsibility of Security: We are not responsible for the privacy or security on social media sites and other third party sites that may be linked to social media sites.  We recommend that you review the terms of use and privacy and security policies of all third party websites you visit.
  • Validity of Links: Further to the section above entitled “Links to Other Parties’ Websites and Third Party Content”, you should be aware when you click on a link on any of our social media pages, you assume the risk. You should also understand that you may be leaving the Website or leaving our social media pages when clicking on such links. You should exercise extra caution when links are posted outside of normal business hours or on third party comments. We may occasionally post links to third party sites when we think you’ll find the information helpful. However, please note that this does not in any way constitute an official endorsement of the individual, information, site or company.
  • Inappropriate Content: You may not post any content that violates or infringes the rights of any person or entity or that is considered unlawful, disparaging, discriminatory, obscene, pornographic, hateful, tortious, slanderous, libelous or otherwise inappropriate. Please note that we may monitor the Website and our social media sites and remove inappropriate content when found.

No Waiver

Our failure to enforce any provision of these Terms and Conditions is not a waiver of any such provision or our rights.

Severability

If any provision of these Terms and Conditions shall be held unlawful, void or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. 

Governing Law and Venue

Your access to and use of the Website and these Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without regard to the conflict of laws thereof, and to the laws of the United States of America.  Disputes arising from the use of the Website shall be exclusively subject to the jurisdiction of any federal or state court located in the Commonwealth of Massachusetts.

Life is exciting. Let us help.® 

If you have additional questions about these Terms and Conditions, please reach out to us by calling 1-800-773-5601.