Online Terms and Conditions

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.iBank.com, as owned and operated by T3 Brands LLC dba iBank on behalf of those of its direct or indirect subsidiaries and/or affiliates. When using iBank™.com you agree to be bound by the terms and conditions of this Agreement. The Agreement may be modified in the future.

The iBank Web Site is comprised of various Web pages operated by iBank. The iBank Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the iBank Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these terms of use

iBank reserves the right to change the terms, conditions, and notices under which the iBank Web Site is offered, including but not limited to the charges associated with the use of the iBank Web Site.

Link to third-party sites

The iBank Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of iBank and iBank is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iBank is not responsible for webcasting or any other form of transmission received from any Linked Site. iBank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iBank of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of the iBank Web Site, you warrant to iBank that you will not use the iBank Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the iBank Web Site in any manner which could damage, disable, overburden, or impair the iBank Web Site or interfere with any other party’s use and enjoyment of the iBank Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the iBank Web Sites.

Use of communication services

The iBank Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

iBank has no obligation to monitor the Communication Services. However, iBank reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. iBank reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

iBank reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, is iBank’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. iBank does not control or endorse the content, messages or information found in any Communication Service and, therefore, iBank specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized iBank spokespersons, and their views do not necessarily reflect those of iBank.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to iBank or posted at any iBank web site

iBank does not claim ownership of the materials you provide to iBank (including feedback and suggestions) or post, upload, input or submit to any iBank Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting iBank, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. iBank is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at iBank’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Electronic communications

  1. a) Mobile Devices

By subscribing to iBank you consent to receive electronic communications from iBank in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”) and may be sent via automatic telephone dialing systems which may use pre-recorded messages. If you designate to receive electronic communications via your mobile device, you agree to receive messages delivered via the Site to that device and understand your carrier’s standard rates apply to any messages sent from iBank. You represent you are the owner or authorized user of the mobile device on which messages will be received, and that you are authorized to approve any applicable charges. You may opt out of receiving messages to your mobile device at any time by notifying us at support@iBank.com or you can click the “Opt-out” link on the bottom of the email. Only United States residents may use the SMS or WAP Service.

  1. b) Data Security

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. iBank do not guarantee your use of the SMS or WAP Services will be private or secure, and iBank will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures appropriate to your situation and intended use of the SMS or WAP Service. You acknowledge and agree iBank may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE iBank WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. iBank AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE iBank WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE iBank WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

iBank AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE iBank WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. iBank AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL iBank AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE iBank WEB SITE, WITH THE DELAY OR INABILITY TO USE THE iBank WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE iBank WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE iBank WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF iBank OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE iBank WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE iBank WEB SITE.

SERVICE CONTACT: support@iBank.com

Termination/access restriction

iBank reserves the right, in its sole discretion, to terminate your access to the iBank Web Site and the related services or any portion thereof at any time, without notice. GENERAL. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the iBank Web Site. Use of the iBank Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and iBank as a result of this agreement or use of the iBank Web Site. iBank’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iBank’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the iBank Web Site or information provided to or gathered by iBank with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iBank with respect to the iBank Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iBank with respect to the iBank Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices:

iBank, and the iBank logo are trademarks, trade names or service marks of iBank, LLC or its related companies. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of iBank or the owner of such trademark or service mark.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Copyright infringement policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), iBank will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

iBank’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
T3 Brands LLC
iBank’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
T3 Brands LLC
3090 Pullman St Suite F
Costa Mesa, CA 92626
Email: support@iBank.com