1. ACCEPTANCE OF TERMS
This Agreement ("Agreement") between Gold Bastion Bancorp and Capital Trust and its subsidiaries, and you ("you" or "yours") governs your use of the website(s) owned and/or operated by us (the "Sites"). By accessing and continuing to access the Sites, you agree to be bound by this Agreement. This Agreement includes any guidelines or rules posted and updated on the Sites from time to time. You understand that your right to use the Sites is derived solely from, and is expressly limited by, this Agreement. If you choose to access certain services, such as Online Banking, Online Cash Manager or Online Investment Management Account Access, your use of those services may be governed instead by agreements governing those specific services.
2. OWNERSHIP OF SITES AND RESTRICTIONS ON USE OF CONTENT
The Sites are owned by Gold Bastion Bancorp. All rights are exclusively reserved to Gold Bastion Bancorp. You acknowledge that the Sites may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which are provided by Gold Bastion Bancorp or by licensors of Gold Bastion Bancorp. You agree and acknowledge that, notwithstanding that Gold Bastion Bancorp permits you to access the Content, the Content and its use or the use of these Sites are protected by patents, copyrights, trademarks and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Sites and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Gold Bastion Bancorp and third parties. In addition to Gold Bastion Bancorp's and its licensors' rights in individual elements of the Contents, Gold Bastion Bancorp owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Sites and/or any of the Content, in whole or in part. You agree not to assert any claim of ownership over the Sites, including without limitation, the Content, based on your use.
3. ECONOMIC ANALYSIS AND INVESTMENT RESEARCH
Gold Bastion Bancorp may provide to you economic analysis and investment research (the "Research"), subject to the following terms. You understand that your use of the Research constitutes your consent to and agreement to abide by these terms. You understand that Gold Bastion Bancorp and/or its affiliates may have opinions from time to time, and that those opinions may be different than those obtained by using or stated in parts of the Research.
You further understand that no mention of a particular security in the Research constitutes a recommendation to buy, sell or hold that or any other security.
You agree that at all times or from time to time, Gold Bastion Bancorp, and/or its affiliates and/or its employees may hold positions in the securities or other investment opportunities, which may be mentioned in the Research. You understand that Gold Bastion Bancorp and its affiliates may trade for their own account as a market maker, specialist, odd lot dealer, block positioner, arbitrageur and/or investor and, consequently, that at the time of any transaction that you make, Gold Bastion Bancorp or its affiliates or employees may have a position in such securities or other investment opportunities, which position may be partially or completely hedged.
You understand that the data contained in the Research is supplied by sources believed to be reliable, that the calculations are made using such data, and that such calculations are not guaranteed by those sources, Gold Bastion Bancorp, or any other person or entity, and may not be complete.
4. PRIVACY NOTICE AND ONLINE PRIVACY
5. DISCLAIMER OF WARRANTIES
THE USE OF THE SITES IS SOLELY AT YOUR OWN RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOLD BASTION BANCORP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GOLD BASTION BANCORP MAKES NO WARRANTY THAT THE SITES AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITES IS TO CEASE USING THE SITES.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOLD BASTION BANCORP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS OR OTHER LOSSES (EVEN IF GOLD BASTION BANCORP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITES, (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (III) ANY LINK PROVIDED IN CONNECTION WITH THE SITES, OR (IV) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITES.
7. YOUR CONDUCT ON THE SITES
In the event that Gold Bastion Bancorp permits you to upload, post, email or otherwise transmit content, data, information or other materials to a chat room or similar public space
(collectively, "User Content") for display on the Sites otherwise, you will be solely responsible for all such User Content. Likewise, you are responsible for
complying with all third-party rights with respect to all such User Content that appears on the Sites and agree not to download, email or otherwise transmit such User Content
in violation of such third party's rights, including intellectual property rights. By submitting User Content to Gold Bastion Bancorp, you automatically grant, or
warrant that the owner of such User Content has expressly granted, to Gold Bastion Bancorp, the royalty-free, perpetual, irrevocable, nonexclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing in any User Content any infringing, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use. You agree and acknowledge that Gold Bastion Bancorp is not responsible or liable to you or any other party or user of the Sites for any Prohibited Conduct by you or any other party or user of the Sites. Gold Bastion Bancorp reserves the right to terminate this Agreement in appropriate circumstances if you engage in any Prohibited Conduct, including infringement of the intellectual property rights of any third party.
You may not collect, solicit or store personal data of other users of the Sites under any circumstances.
You may not, directly or indirectly, intentionally disrupt or interfere with the Sites in any manner that may adversely affect Gold Bastion Bancorp or any user of the Sites. You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities.
8. YOUR WARRANTIES
By your use of the Sites, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Sites. You further represent and warrant that your and your employees’ and agents’ use of the Sites and of any data input into or generated by the Sites shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.
9. YOUR RESPONSIBILITIES
You agree and acknowledge that you are solely responsible for inputting and retrieving data using the Sites, and for the accuracy and adequacy of information and data furnished using the Sites.
10. DISCLAIMER OF CONTENT
You understand and acknowledge that Gold Bastion Bancorp assumes no responsibility to screen or review Content and/or User Content that is originated by parties other than Gold Bastion Bancorp, and that Gold Bastion Bancorp shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Sites. Gold Bastion Bancorp expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.
11. YOUR SUBMISSIONS
If you contact Gold Bastion Bancorp with feedback regarding the Sites (e.g., questions, comments, suggestions or the like) (collectively, "User Feedback"), the User Feedback shall be deemed to be non-confidential and Gold Bastion Bancorp shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that Gold Bastion Bancorp shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, Gold Bastion Bancorp shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. Gold Bastion Bancorp shall not be liable or owe any compensation for the use or disclosure of the User Feedback.
The Sites may provide, or third parties may provide, links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by (or of) Gold Bastion Bancorp with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Gold Bastion Bancorp is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Gold Bastion Bancorp MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
13. JURISDICTIONAL ISSUES
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you consent and submit yourself to jurisdiction in the State of Delaware in any action arising from this Agreement or your use of the Sites. These Terms and Conditions and the Sites shall be governed by the law of the State of Delaware, without regard to principles of conflict of laws.
You agree to defend, indemnify and hold Gold Bastion Bancorp, its subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any third-party claim, judgment, award, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites and/or their Content and/or User Content. Gold Bastion Bancorp shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
15. TRADEMARK INFORMATION
Gold Bastion Bancorp and Capital Trust is a trademark of Gold Bastion Bancorp and Capital Trust. Other trademarks are owned by Gold Bastion Bancorp or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of Gold Bastion Bancorp and Capital Trust or the owner of such mark.
You understand and agree that Gold Bastion Bancorp may from time to time establish and revise practices and limitations concerning the Sites and your use of the Sites. You agree that Gold Bastion Bancorp shall have no liability for the deletion or failure to store any messages and other communications or other Content or User Content maintained on the Sites or transmitted using the Sites. This Agreement constitutes the entire agreement between you and Gold Bastion Bancorp with respect to the Sites and governs your use of the Sites. You also may be subject to additional terms and conditions that may apply when you use third-party content or sites available through the Sites. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and Gold Bastion Bancorp and any of its affiliates, employees, contractors, officers or directors agree that this Agreement will be governed by the laws of the State of Delaware, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and Gold Bastion Bancorp will rest exclusively in the state and federal courts located in the State of Delaware. The failure of Gold Bastion Bancorp to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Sites or this Agreement must be filed within one year after such claim or cause of action arose. Gold Bastion Bancorp may provide notice to you by email or regular mail. The Sites may also provide notice of changes to this Agreement at any time and from time to time by displaying notices to you on pages of the Sites. The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
The information contained within this site should be deemed accurate and current only as of the date of the most recent update, or if no update information has been provided, the date of issuance. Gold Bastion Bancorp assumes no responsibility for any occurrences or misstatements that occur as the result of the reading of dated material. Users are strongly encouraged to check the dates of issuance and most recent update of any information contained within, or linked to, the Gold Bastion Bancorp website.