Terms of Use

Updated June 2020

Welcome! This website at www.bond.tech, including all content, features, technologies, and functions made available to you by Bond as a technology service provider via the website (collectively, the “Site”), is provided subject to these Terms of Use (“Terms”) by Bond Financial Technologies, Inc. (“Bond,” “we,” or “us”). These Terms are a legally binding agreement between you and Bond regarding your use of the Site, and your use of the Site constitutes your acceptance of these Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKINGI ACCEPTOR BY OTHERWISE ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY, THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE. YOUR USE OF THE SITE, AND BOND’S PROVISION OF THE SITE TO YOU, CONSTITUTES AN AGREEMENT BY BOND AND YOU TO BE BOUND BY THESE TERMS.

Bond reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in Bond’s sole discretion without notice. Bond will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Bond may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

  1. Overview of the Site

The Site includes a beta version of Bond’s enterprise fintech solution for brands and banks. Through the Site, Bond enables digital brands to better engage their customers by offering personalized and compliant banking products made available by banks that have partnered with Bond. For any of these banking products and related services (“Financial Services”) to be made available on the Site or offered by you to customers, you must enter into a separate written agreement with Bond regarding the scope of Financial Services you are looking to receive or provide. These Terms do not govern your provision of or receipt of any Financial Services through the Site.

  1. Eligibility to Use the Site

You must be at least 18-years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  1. Your Conduct on the Site

You may use the Site only for lawful purposes and in accordance with these Terms. When using this Site, you understand and agree that:

  1. Accounts and Registration

You may create an online user profile consisting of a username, password, and other information that you provide. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.

You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords, and for any activity associated with your online user profile. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your username and password are compromised or you are aware of any unauthorized activity being conducted with your user credentials, you agree to immediately notify Bond at terms@bond.tech.

  1. Intellectual Property

Subject to your complete and ongoing compliance with these Terms, Bond grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Site obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Site.

You understand and agree that, as between you and Bond, Bond holds all right, title, and interest to the Site, the Materials (as defined below), and all intellectual property, material, content, features, and services provided through the Site, and the design, selection and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property, (ii) how it was provided to you, or (iii) your geolocation. Except as expressly authorized by Bond, you may not make use of the Site or any Materials (as defined below). Bond reserves all rights to the Site and the Materials not granted expressly in these Terms.

You understand and agree that you may only use the content available on this Site as provided to you through the Site, unless otherwise expressly provided by Bond. Without Bond’s prior written consent, you may not: (A) reproduce, distribute, publicly display, publicly perform, copy, modify, create derivative works from, reverse engineer, alter, or decompile the Site (including any content or intellectual property contained in or provided through it); or (B) interfere with or circumvent any feature of the Site (including any security or access control mechanism).

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Bond’s option, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Bond maintains trademarks, service marks, logos, domain names, and other branding material for its various organizations, products, and services (collectively, “Materials”), and has a strong interest in maintaining the integrity of its intellectual property rights in those Materials. You understand and agree that you will not use any Materials, whether or not intellectual property rights in those Materials have been registered or applied for, without the prior written consent of Bond.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Feedback”), then you hereby grant Bond an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.

  1. Privacy

The protection of your information privacy and security is important to Bond. Please review Bond’s Privacy Notice to better understand how we collect, protect, and use your information, as well as how we may collect and use information about your general use of the Site, which we may collect to, among other things, improve your experience and better provide products and services. Bond’s Privacy Notice is incorporated by reference into, and may a part of, these Terms.

  1. Third-Party Terms

This Site may provide tools through the Site that enable you to export information to third-party services and may contain links to third-party sites, including some services and sites operated by our business partners or clients. By using one of these tools, you agree that Bond may transfer that information to the applicable third-party service. You understand and agree that: (a) Bond has no control over these third-party services and sites; (b) to the fullest extent permitted by law, Bond is not responsible for any third-party service’s use of your exported information and is not responsible for the content of any third-party site; and (c) Bond is not liable for any damages, losses, or expenses that you may incur while using any of these third-party services and sites.

If you decide to access any of these third-party services or sites, you do so entirely at your own risk and subject to the terms and conditions of use for such services or sites. You further understand and agree that any links, references, logos, or news relating to third parties does not constitute an endorsement of, an advertisement for, or partnership with any such third party.

The Site may also include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Site is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  1. Modifications to Terms and Additional Terms and Conditions

Bond may, from time to time, change these Terms with or without notice to you. It is your responsibility to review the most current version of these Terms prior to use of the Site. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

Bond may in the future offer you access to new content, websites, webpages on this Site, applications, and other products and services (collectively, “New Offerings”), which may be subject to additional terms and conditions (including additional third-party terms). Any such additional terms and conditions will be provided or made available to you prior to or when accessing New Offerings through a hyperlink, a click-through agreement, or other similar means. As with this Site, your use of any New Offerings will constitute your continued acceptance of any such additional terms and conditions.

  1. User-Provided Content

While using the Site, you may be asked to and may provide commentary, information, or other content through the Site (collectively, “User-Provided Content”) to Bond and other users. Any User-Provided Content you provide to Bond will be considered non-confidential and non-proprietary. By providing User-Provided Content to or via the Site, you grant Bond a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully paid license (with the right to sublicense) to use, reproduce, modify, display, and distribute any User-Provided Content; and acknowledge and warrant that you have the right and authority to provide such license to Bond. You understand and acknowledge that you are responsible for any User-Provided Content you submit or contribute, and you, not Bond, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Bond is not responsible, or liable to any third party, for the content or accuracy of any User-Provided Content posted by you or any other user of the Site. Bond has the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  1. Term and Termination

These Terms will continue until either party chooses to terminate them. If you violate any provision of these Terms, your authorization to access the Site and these Terms automatically terminate. In addition, Bond may, at its sole discretion, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting Bond at terms@bond.tech.

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorized to access your account or the Site. Further, any licenses provided to Bond to use User-Provided Content shall remain in effect unless otherwise agreed to in writing by the parties; and (c) Sections 5 and 9–15 will survive.

Bond reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Bond will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.

  1. Disclaimer of Warranties

You understand that Bond cannot and does not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Bond’s Site for any reconstruction of any lost data.

BOND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

BOND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, BOND DOES NOT WARRANT AND MAKES NO REPRESENTATIONS THAT THIS SITE (OR ANY PORTION THEREOF) WILL MEET YOUR NEEDS OR EXPECTATIONS; WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR WILL INFORMATION THAT IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) BOND, ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHER PERSONNEL (COLLECTIVELY, “BOND PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER IT MAY BE CAUSED, EVEN IF FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY MATERIALS OR OTHER CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES; AND (B) THE AGGREGATE LIABILITY OF THE BOND PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGE OR HARM CAUSED BY INACCURACY OF THE DATA OR SERVICES PROVIDED (OR YOUR RELIANCE ON SUCH DATA OR SERVICES), CHANGES TO THE SITE, PERMANENT REMOVAL OF CONTENT FROM THE SITE (INCLUDING USER-PROVIDED CONTENT), OR BREACHES OF THESE TERMS BY YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

To the fullest extent permitted by law, you are responsible for your use of the Site, and you will defend, indemnify and hold harmless any Bond Party from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  1. Dispute Resolution

If you have any dispute with Bond in relation to these Terms, you must: (a) notify Bond of the dispute by emailing a description of the dispute to terms@bond.tech (the “Dispute Notice”); and (b) cooperate with Bond or its authorized representative to resolve the dispute. Within 15 days of Bond receiving your Dispute Notice, you and Bond each agree to attempt to resolve the dispute by negotiation.

If the dispute is not satisfactorily resolved by negotiation between you and Bond after the 15-day period (or, where both you and Bond agree to a longer period, that longer period), the dispute will be referred to and resolved by binding arbitration. Such arbitration will be settled under the Federal Arbitration Act and administered: (i) by a single arbitrator of the American Arbitration Association (“AAA”) that is mutually agreed upon by you and Bond (or if such agreement cannot be reached, an arbitrator appointed by the AAA); (ii) in accordance with the AAA Commercial Arbitration Rules in force at the time; and (iii) in San Francisco, California. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BOND ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

During resolution of any dispute in accordance with this Section, these Terms will remain in full force and effect. Neither you nor Bond may commence any court proceedings without first complying with this Section. However, nothing in this Section denies Bond the right to seek injunctive relief in a court of law in relation to any dispute arising under these Terms.

If this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.

  1. Miscellaneous

Governing Law and Venue. These Terms and your use of this Site are subject by the laws of the State of California without regard to its conflict of laws provisions. You and Bond submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. Although you may access this Site in other states or countries, your use of this Site still subjects you to the exclusive jurisdiction of these courts.

International Use. The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. These Terms may be provided to you in a language other than English for your convenience, but only the English-language version of the Terms will govern your use of the Site.

Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

Notices and Communications. Bond may occasionally provide you notices about changes to this Site, including the services and content provided in it. Such notices may be provided via email or through the Site. We may also send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information. The Site is offered by Bond Financial Technologies, Inc., headquartered at 345 California Street, Suite 600, San Francisco, California 94104. You may contact us by emailing us at terms@bond.tech.

No Waiver. You also understand and agree no waiver of by Bond of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bond or any Bond Parties to enforce their rights under these Terms or at law will not be considered a waiver of such rights.

Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No Support. We are under no obligation to provide support for the Site. In instances where we may offer support, the support will be subject to published policies or a separate written agreement.

Entire Agreement. These Terms constitute the entire agreement between you and Bond regarding your access and use of the Site and supersede any previous terms, conditions, or agreements of the parties regarding your use of the Site. These Terms may only be modified, changed, or amended by a written agreement signed by an authorized representative from both Bond and you.

  1. Notice Regarding Apple

This Section 16 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Bond only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Site (including any content or application thereof). Apple has no obligation to furnish any maintenance and support services with respect to the Site. If the Site fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Site. Apple is not responsible for addressing any claims by you or any third party relating to the Site or your possession and/or use of the Site, including: (1) product liability claims; (2) any claim that the Site fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Site and/or your possession and use of the Site infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Site. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.