Terms of Use
Please read carefully before using this website.
When you access the Northeast Bank website on the Internet (the "Site") to obtain information about products and services offered by Northeast Bank (the "Bank" or "we" or "us") you are indicating that you accept and agree to these Terms of Use. We reserve the right to change these Terms of Use at any time without notice.
These Terms of Use include an arbitration agreement that requires you to resolve disputes with the Bank on an individual basis through final and binding individual arbitration. By using the Site, you expressly acknowledge that you have read, understand, and agree to all of the terms of the arbitration agreement.
Products and services offered on this Site may not be available in all geographic areas or you may not be eligible for all products and services offered. We reserve the right to determine the availability or eligibility for any product or service.
Contained on this Site are various banking and other services. Every effort is made to maintain the accuracy of information provided on this Site; however, inaccurate or out-of-date information may appear from time-to-time. Therefore, the Bank does not warrant the accuracy of the information provided. By using this Site, you assume the risk of any inaccurate information. The Bank reserves the right to make changes and to correct technical inaccuracies or typographical errors on the Site at any time without prior notice.
We have provided various internet links for your convenience. The Bank is not responsible for the content of third-party websites, nor does it endorse or guarantee the accuracy, quality, or reliability of products or services offered on third party websites. We have no control over the information contained or available through these third-party websites. Access to these linked websites is at your own risk. You always should review the privacy statement of any website before you provide any personal or confidential information.
Personal Information
The security and protection of any information about you is very important to us. We adhere to stringent industry standards and maintain strict procedures to keep your information secure and confidential. All sensitive information requires passwords that only you know. Please refer to our Privacy Policy for detailed information.
Information We Collect
When you visit the Site, we receive and collect certain information about you. The information that we receive and collect depends in part on what you do when you visit the Site. You may be able to improve your experience on the Site when you tell us who you are – for example, by making inquiries or requesting further information about a product or service.
Some of the information you may submit is personally identifiable information, but much of it is not. Personally identifiable information is information that identifies a particular person. Examples include your name, phone number, address, and social security number. It is possible to browse the Site without actively submitting any personally identifiable information.
We may use the information you provide for a number of purposes, for example, to better service your requests and/or inquiries, monitor Site usage and/or performance, improve the customer experience of the Site, ensure technological compatibility with your computer or other electronic or mobile device, protect against fraud or identity theft, protect against or investigate suspected online criminal activity, or conduct aggregate analyses on usage patterns.
Automatically Collected Information
Every time you visit a website, some information is automatically collected from you. This information may include, but is not limited to, some or all of the following items: your Internet Protocol (IP) address; geo-location of your device; type and version of Internet browser software and operating system you use; date, time, and duration of your website access; specific pages, buttons, images, videos, links, or forms that you access while visiting the website; type of device (e.g., any internet connected devices, such as an iPad®, iPhone®, Android™); mobile carrier and/or Internet Service Provider; and demographic information concerning the country of origin of your device and the language(s) used by it.
We currently do not process or comply with any web browser's "do not track" signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit the Sites or use our services. To manage the tracking on the Site, a user can customize, decline all, or accept all using the popup at the bottom of the screen upon accessing the Site with a new device.
Information Collected via Cookies
Cookies are small text files that are placed on your device to distinguish you from other visitors to the Site. The use of cookies is a standard practice among websites to collect or track information about your activities while using the website. We and/or our third-party advertising service providers may place cookies or similar files on your device for many of the reasons listed in these Terms of Use while visiting the Site. Most people do not know that cookies are being placed on their device when they visit websites because browsers are typically set to accept cookies. You can choose to have your browser warn you every time a cookie is being sent to you, or you can choose not to accept cookies.
You can also delete cookies from your device at any time. If you refuse cookies, the functionality of the Site may be impacted or become non-functional. Since every browser and device is different, you will need to follow your browser’s instructions for disabling or deleting cookies.
Information Collected via Pixel Tags and Other Similar Technology
In addition to using cookies, we and/or our third-party advertising service providers may also use similar technologies to track users’ interactions with the Site. Some of these technologies include pixel tags, web beacons, and iFrames. Pixel tags and web beacons are tiny graphic images placed on the Site's pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and/or web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve the Site. iFrames are used to embed rich and/or interactive media into a website to increase functionality and enhance user experience (for example, interactive tutorials). iFrames may collect data to track your completion of an interactive element. To manage pixels, web beacons and iFrames on the Site, a user can customize, decline all, or accept all using the popup at the bottom of the screen upon accessing the Site with a new device.
Additional Information on Online Behavioral Advertising
We and other third parties may collect personally identifiable information about your online activities over time and across different web sites when you use the Site. Some of the advertisements that click through to the Site and/or may be on the Site contain cookies that allow for the monitoring of your response to these advertisements (sometimes referred to as interest-based advertisements). Our advertisements may also appear on other websites that use the same advertising service providers as we do. These advertising service providers may use your browsing history across websites to choose which advertisements to display to you.
If you do not wish to have us and/or our third-party advertising service providers know which advertisements and subsequent websites you have viewed, you may opt-out at www.youradchoices.com (established by the Digital Advertising Alliance ). The Digital Advertising Alliance website contains important information on cookies, behavioral advertising, and what opting out will and will not do and choices you can make regarding interest-based advertisements.
Please note: opting out of behavioral advertising will not stop you from receiving advertisements. You will still see the same number of advertisements as before, but they may not be as relevant to you. If you use other devices or browsers and want to opt out of interest-based advertisements, you will need to repeat this process for each device or browser. If you delete your cookies and want to continue to be opted out of interest-based advertisements you will have to repeat this opt-out process.
Some Reasons for Use
We may use these technologies on the Site to verify your identity, remember personal settings including your preferences, to offer you additional options or enhance your online experience, and to improve our products and services. We may also use them for marketing, Site personalization, tracking of online applications and programs, and/or tracking the effectiveness of advertisements for our products and services that we may place on the Site or other linked and/or partner websites. Cookies used for tracking advertising effectiveness do not collect personally identifiable information. To better serve you, some of these technologies allow us the ability to view your past interactions with the Site and/or online banking environment for customer service, troubleshooting, risk analysis and fraud detection, as well as other related purposes.
Liabilities and Warranties
By using the Site, you acknowledge that the Bank specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages), including liability associated with any viruses which may infect a user's computer equipment or related software.
You agree that none of the Bank, any third party provider, or any vendor shall have any liability, contingent or otherwise, for the accuracy or timeliness of any of the services or products offered or the accuracy, timeliness, completeness or correct sequencing of the information on the Site, or for any decision made or action taken by you in reliance upon the services or products offered or the information provided on the Site, or for any interruption or delay of any information on the Site. The services and products offered and all information provided on the Site, are provided "as is". There is no warranty that any service, products, information or other content available on or through the Site, or the Bank's computer system, will fulfill any of your particular purposes or needs.
With regard to services or products offered through the Site or by linkage to other internet sites, either directly or indirectly by various third party providers other than the Bank, the Bank makes no warranty of merchantability or warranty of fitness for a particular purpose with regard to such services and products, and the Bank specifically disclaims all warranties with regard to such services and products. The Bank does not endorse, and shall have no obligation or liability concerning such third party's delivery, or non-delivery, of their respective services; and products, or the accuracy, completeness or timeliness thereof.
You agree to indemnify, defend and hold the Bank and its third party providers and vendors harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorneys' fees) arising from your violation or breach of these Terms of Use or any third party's rights, including, but not limited to, copyrights, proprietary and privacy rights, or any applicable federal, state or local law, regulation or ordinance. Your obligations under this section will survive the termination of these Terms of Use or the provision of any services or products.
Dispute Resolution; Binding Arbitration; Class Action and Jury Trial Waiver.
BY ACCEPTING THESE TERMS, YOU AND THE BANK AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS ANY “DISPUTE” (DEFINED BELOW) BETWEEN YOU AND THE BANK AND TO WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE BANK MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, JOINT, OR CONSOLIDATED ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
(a) Informal Dispute Resolution. Before initiating arbitration or any other legal proceeding, you and the Bank will attempt in good faith to resolve the Dispute informally for 60 days. To start this process, you must send a written Notice of Dispute by certified mail to Northeast Bank, Attn: Legal Department, 27 Pearl Street, Portland ME 04101. Your notice must include: your full name, address, and relationship to the Bank; a description of the nature and basis of the Dispute; the specific relief sought (including any claimed damages); and your signature (and, if represented, authorization to communicate with your counsel). During this 60-day period, no party may commence arbitration, and the parties agree that any applicable statute of limitation will toll from the date a proper notice is sent until the informal resolution period ends. The parties may extend this resolution and tolling period by written agreement.
(b) Scope; Delegation; Carve-outs. “Dispute” means any dispute, claim, or controversy between you and the Bank relating to or arising out of these Terms of Use, the Site (www.northeastbank.com), or any aspect of your use of, or visit to, the Site, whether based in contract, statute, regulation, tort, fraud, misrepresentation, or any other legal or equitable theory, and whether arising before, on, or after the effective date of these Terms of Use. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, formation, existence, scope, or enforceability of this arbitration agreement, including any claim that all or part of these Terms of Use is void or voidable and any dispute over arbitrability. The following are not required to be arbitrated: (i) individual claims filed in small claims court within that court’s jurisdiction; and (ii) actions seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The class and jury waivers in this arbitration agreement continue to apply to any such court proceeding.
(c) Governing Rules; FAA; Choice of Law. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures, amended and effective May 1, 2025 (the “AAA Consumer Rules”), including any Procedures for the Resolution of Disputes through Document Submission where applicable, and, if applicable, the AAA-ICDR Mass Arbitration Supplementary Rules, amended and effective April 1, 2024 (the “AAA Mass Arbitration Rules”). The AAA Consumer Rules and AAA Mass Arbitration Rules are available at www.adr.org or by calling 1-800-778-7879. This arbitration agreement evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”). To the extent the FAA does not apply to an issue of enforceability, Maine law shall apply and you agree that jurisdiction and venue shall be located exclusively in Androscoggin County, Maine.
(d) Filing and Administration; Clause Registry. A party who desires to initiate arbitration must file a demand for arbitration consistent with the AAA Consumer Rules and provide a copy to the other party. The AAA will administer the arbitration, and the arbitrator will be appointed from the AAA’s National Roster pursuant to the AAA Consumer Rules. We intend to maintain our consumer arbitration clause on AAA’s Consumer Clause Registry and to comply with the AAA Consumer Due Process Protocol. If the AAA declines to administer based on noncompliance, either party may seek relief in a state or federal court located in Androscoggin County, Maine.
(e) Location; Format; Hearings. The arbitrator will determine the date, time, method, and place of any hearing consistent with the AAA Consumer Rules. Virtual hearings are preferred where appropriate. If no disclosed claim or counterclaim exceeds $25,000, the dispute will be resolved by submission of documents only, unless the arbitrator determines a hearing is necessary. If an in-person hearing is required and the parties cannot agree on locale, the arbitrator (or AAA initially) will fix the locale consistent with AAA Consumer Rule R 14, taking into account the parties’ circumstances. For court proceedings to compel arbitration, stay litigation, or confirm, vacate, or enter judgment on an award, the parties consent to the exclusive jurisdiction of state or federal courts located in Androscoggin County, Maine.
(f) Procedures for Large-Volume Filings. If 25 or more similar consumer demands for arbitration are filed by or against the same party or related parties with consistent or coordinated representation, the AAA may apply the AAA Mass Arbitration Rules. Among other things, those Rules authorize appointment of a Process Arbitrator (as defined in the AAA Mass Arbitration Rules) to address administrative and non-merits issues (including filing sufficiency, conditions precedent, fee allocation and timing, governing AAA rules, locale, whether cases proceed by documents-only, and scheduling), encourage global mediation within 120 days of the answer to demand for arbitration deadline, and permit consolidated administrative communications, virtual hearings as the preferred method, and assignment of multiple individual cases to a single merits arbitrator for efficiency. Any bellwether, batching, or sequencing will be as provided under the AAA Mass Arbitration Rules or as otherwise agreed in writing by the parties and approved by the AAA or the arbitrator.
(g) Exchange of Information; Motions. The arbitrator will manage a reasonable exchange of information consistent with the expedited nature of arbitration, including production of non-privileged documents and electronically stored information, witness identification, and reasonable discovery parameters. Dispositive motions may be allowed only if the moving party shows the motion is likely to succeed and dispose of, or narrow, the issues.
(h) Arbitrator’s Authority and Award. The arbitrator may award any relief that a court could award under applicable law, including injunctive relief and, where authorized, attorneys’ fees and costs. Any award shall be in writing and provide a brief explanation, unless the parties agree otherwise before the record closes. The arbitrator shall not have authority to hear or decide any claim on a class, collective, representative, joint, or consolidated basis, nor to award relief for or against anyone who is not a party. The award will be final and binding, and judgment may be entered thereon in any court of competent jurisdiction. The award shall have no precedential or collateral estoppel effect except as required by law.
(i) Fees and Costs. Payment of AAA administrative fees, arbitrator compensation, and expenses will be governed by the AAA Consumer Rules and the applicable Consumer Arbitration Fee Schedule. The arbitrator may allocate fees and costs only as permitted by applicable law and the AAA Consumer Rules.
(j) Opt-Out of Arbitration (30 Days). You may opt out of this arbitration agreement by sending a written notice to Northeast Bank, Attn: Legal Department, 27 Pearl Street, Portland ME 04101, postmarked within 30 days after you first accept these Terms of Use. Your opt-out notice must include your name, address, account or relationship information, and a clear statement that you wish to opt out of arbitration. If you opt out, the rest of the Terms remain in effect.
(k) Severability. If any part of this arbitration agreement is found unenforceable, the remainder shall be enforceable to the maximum extent permitted by law, except that the class/representative/joint/consolidated action waiver is non-severable. If that waiver is found unenforceable as to a claim, then the entirety of this arbitration agreement shall be null and void as to that claim and such claim shall proceed in court, subject to the jury waiver.
(l) Jury Trial Waiver. TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE BANK KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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