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The terms "we", “our”, and "us" refer to Open Bank and the companies that have helped to create and support this Site.
Certain Services on the Site may be subject to limitations that are not expressly stated. Please check the other portions of this Site for additional details. We assume no responsibility if the Site or any Services become unavailable for any reason or fails to meet your requirements. You agree to comply with the rules of the internet service providers, networks, hosting and telecommunication services, servers, computer databases, and websites that you access or use in conjunction with this Site and/or the Services.
You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.
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 records, or any breach or attempted breach of security involving the Site or the Services; and (b) avoid accessing or attempting to access the non-public areas of this Site or any other user's password-protected information.
You may be able to access websites operated by third parties from this Site. Unless we tell you otherwise, in writing, we do not operate or control any of the information, products, or services on such linked sites. You acknowledge and agree that: (a) you access such linked sites at your own risk; (b) we make no representation or warranty, and assume no responsibility for, any linked site or the actions or omissions of its owners or operators; and (c) although we may have a contractual or other relationship with the operators of a linked site, we are not responsible for the content, accuracy, integrity, or operation of their sites.
Limitation on Liability and Warranty Disclaimers
Third parties may offer goods and services to you through marketing that is made available at or through this Site. Unless we expressly state otherwise, we make no endorsement regarding such parties, and we make no representation, recommendation, or warranty with respect to their goods, services, or advertising. You agree to hold us harmless in connection with our selection of third-party advertisers, as well as their actions and omissions.
The Site is compatible with Microsoft Internet Explorer 9 or higher, Google Chrome, and Mozilla Firefox; all others may have compatibility issues and the website may not be displayed as you expect. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THIS SITE, FOR VIRUSES CREATED BY THIRD PARTIES, OR FOR INFORMATION PROVIDED BY THIRD PARTIES. NO CONTENT AVAILABLE AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY.
EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR SIMILAR DAMAGES, WHETHER OR NOT THEY ARE FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF USE, DATA, OR PROFITS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHERWISE.
Without limiting the foregoing, we are not liable to you for any failure or delay in performing the Services or making the Site available for your use if the failure or delay is due to: (a) causes beyond our reasonable control; (b) natural catastrophes; (c) governmental actions or omissions; (d) the application of any law, payment system rule, governmental guideline, or regulation; (e) terrorism; (f) labor strikes or difficulties; (g) communication system breakdowns; (h) hardware or software failures; (i) viruses introduced by third parties; (j) our inability to confirm your identity or your authority to act; or (k) our inability to procure supplies or materials or access the networks through which we operate the Services.
You agree to indemnify, defend, and hold us, our affiliates, the vendors that assist us in providing Services, and our respective directors, officers, employees, and agents harmless from and against all claims, actions, proceedings, damages, and costs (including attorney's fees) related to or arising out of: (i) your use of this Site or the Services; (ii) the actions or omissions of third parties who advertise at our Site or through linked sites; (iii) our reliance on instructions that are accompanied by your password or security code; or (iv) your breach of these terms.
You acknowledge and agree that the software used by us in the operation of this Site, and the copyright, patent, trademark, trade secret, and all other proprietary rights in and to the technology, designs, graphics, marks, and software used by us for this Site and the Services, are proprietary to us and our licensors. As such, you will not gain any ownership or other right, title, or interest in or to them by reason of this agreement or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. You agree not to engage in the practice known as "screen-scraping" in an attempt to obtain a list of our Site users. You agree to comply with the terms of any license agreement we make available to you with any software.
We may terminate your use of the Site and any of the Services at any time with or without cause. The terms of this agreement will continue to apply following its termination to any obligations incurred or arising prior to its termination.
We feel strongly about protecting the privacy of children and teenagers. As such, we do not use this Site to collect or use any personal information from persons we know to be inconsistent with the Pirvacy Policy; per , and will remove personally identifying information about such minors from our system.
You may send notices to us at: Open Bank, 1000 Wilshire Blvd, Suite 500; Los Angeles, CA 90017. We may send notices to you at your postal or e-mail address on file whit us, or by posting a message on this Site.