Terms of Use

Last modified: Jun 29, 2022

Acceptance of Terms

Your access to the EastBanc Technologies websites and the services that EastBanc Technologies LLC provides to You are subject to the following Terms of Use (“TOU”). EastBanc Technologies reserves the right to update the TOU at any time without notice to You. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our EastBanc Technologies webpages. Your use of the EastBanc Technologies website signifies Your acceptance of the TOU.

Termination of Use

You agree that EastBanc Technologies may, in its sole discretion, at any time terminate Your access to the EastBanc Technologies websites and any account(s) You may have in connection with the websites. Access to the EastBanc Technologies websites may be monitored by EastBanc Technologies.

Third-party Web Sites, Content, Products and Services

The EastBanc Technologies website may provide links to other websites and access to content, products and services from third parties, which are not under the control of EastBanc Technologies. You agree that EastBanc Technologies is not responsible for third-party content accessible through this EastBanc Technologies website, including opinions, advice, statements and advertisements, and understand that You bear all risks associated with the use of such content. EastBanc Technologies is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by EastBanc Technologies of the other websites and does not grant You any license to products or services available through those links. You should refer to the policies posted by other websites regarding privacy and other topics before You use them. When You access a non- EastBanc Technologies website, You do so at Your own risk. Non-EastBanc Technologies websites may mention third-party products and services for informational purposes. EastBanc Technologies makes no recommendations or endorsements about third-party products and services.

Your Information, Privacy and Data Protection

Some of the EastBanc Technologies websites require that You become a registered user. Before You can use these EastBanc Technologies websites, You have to register with EastBanc Technologies and provide EastBanc Technologies with certain information, which may include personally identifiable information, such as Your name and Your email address (“Personal Data”). By providing EastBanc Technologies with Personal Data, You expressly agree that EastBanc Technologies may collect, use, store and otherwise process Your Personal Data for the purpose of providing You with access to the EastBanc Technologies websites and related activities and communications in which You agree to participate.

You are responsible for and agree to provide EastBanc Technologies with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with EastBanc Technologies, or the correction (in case the relevant EastBanc Technologies website is not allowing You to correct or update Your information), or deletion of Your Personal Data by contacting webmaster@eastbanctech.com. Please note that if You request the deletion of Your account or Personal Data, You might not be able to further access and use the EastBanc Technologies websites and Your User Content.

You are solely responsible regarding usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that EastBanc Technologies collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third-party service providers for the purposes of improving or providing the EastBanc Technologies websites subject to EastBanc Technologies’ Privacy Statement.

YOU AGREE TO COMPLY WITH THE TERMS OF THE EASTBANC TECHNOLOGIES PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE “PRIVACY” LINK AT THE BOTTOM OF EACH WEB PAGE ON EASTBANC TECHNOLOGIES WEBSITES.

Intellectual Property Rights

“Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued or acquired.

All Intellectual Proprietary Rights to any EastBanc Technologies Products, the EastBanc Technologies websites, and user content belongs to EastBanc Technologies or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any EastBanc Technologies Product, the EastBanc Technologies websites, or any user content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to EastBanc Technologies (and EastBanc Technologies accepts such assignment) any modifications or derivative works of any EastBanc Technologies Product, the EastBanc Technologies websites, made by You in contravention of this limitation without remuneration of any kind.

Indemnity

You agree to indemnify and hold EastBanc Technologies, its affiliates, subsidiaries, officers, agents, partners, employees and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an EastBanc Technologies Website, Your breach of this TOU, any additional legal terms, or EastBanc Technologies’ Privacy Statement, Your unauthorized use of any EastBanc Technologies owned Intellectual Property, or Your alleged violation of any other rights of a third party.

Exclusion of Warranties

EastBanc Technologies websites and content are being provided to You “AS IS.” To the fullest extent allowable by law, EastBanc Technologies does not guarantee or warrant any features or qualities of any EastBanc Technologies website or content. Statements and explanations on EastBanc Technologies websites and content in promotional material or on EastBanc Technologies website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty shall be implied by a User from any published EastBanc Technologies description of or advertisement except to the extent EastBanc Technologies has expressly confirmed such warranty or undertaking in writing. EASTBANC TECHNOLOGIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL EASTBANC TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) DELAYS OR BUSINESS INTERRUPTIONS, OR (3) ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES OR ANY CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON THE SITES, WHETHER OR NOT EASTBANC TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Note About Children

Children under the age of 13 are not eligible to use the Sites, and we ask that they do not submit any personal information to us.

Applicable Laws

The EastBanc Technologies websites are operated by EastBanc Technologies from its offices in the United States of America. EastBanc Technologies makes no representation that the information located on the EastBanc Technologies websites is appropriate or available for use in other locations, and access to the EastBanc Technologies websites from territories where the content of the EastBanc Technologies websites may be illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use are void where prohibited by law and the right to access the EastBanc Technologies websites is revoked in such jurisdictions. You agree that if You become a resident in such jurisdiction, You will immediately cease to access the EastBanc Technologies websites. All matters relating to Your access to, and use of, the EastBanc Technologies websites shall be governed by U.S. federal law or the laws of the District of Columbia, USA. Any legal action or proceeding relating to Your access to, or use of, the EastBanc Technologies websites shall only be instituted in a local or federal court in the District of Columbia, USA. You and EastBanc Technologies agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Export Control

You may not access, download, use or export any EastBanc Technologies website content or use or access the EastBanc Technologies website in violation of any country’s export control laws or regulations or any other applicable laws or regulations. You agree to comply with all export control laws and restrictions and regulations of the United States and/or any foreign agency or authority (as relevant), and not to directly or indirectly provide or otherwise make available the services and products of EastBanc Technologies in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, You shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to Your own use of the EastBanc Technologies websites outside the U.S. or relevant jurisdiction. You shall not make the services or products of EastBanc Technologies nor the underlying information or technology available for download or otherwise provide, either directly or indirectly, (i) into any country subject to relevant export restrictions (including but not limited to those of the U.S. and E.U.), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department’s Denied Persons List, or the Consolidated List of the E.U. By agreeing to these Terms of Use, You agree to the foregoing and represent and warrant that You are not on any of the aforementioned lists or located in, or under the control of, any country subject to export restrictions.

Procedure for Making Claims of Copyright Infringement

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.

EastBanc Technologies and its affiliates respect the intellectual property rights of others, and we ask our users to do the same. Pursuant to Title 17, United States Code, Section 512(c)(2), if You believe that Your copyrighted work has been copied and is accessible on an EastBanc Technologies website in a way that constitutes copyright infringement, please send a Notice to our Copyright Agent providing the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  2. A description of the copyrighted work that You claim has been infringed and a description of the infringing activity;
  3. A description of where the material that You claim is infringing is located, such as the URL where it is posted;
  4. Your name, address, telephone number and email address;
  5. A statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.

Send the above information to:

EastBanc Technologies
c/o Jill Da Silva, Executive Director, Operations
1211 31st Street NW
Washington, DC 20007
Tel: 202-295-3000
Email: contracts@eastbanctech.com

Waiver and Severability

The failure of EastBanc Technologies to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.

Entire Agreement

The TOU represents the entire arrangement between the parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.