Terms and Conditions


BY ACCESSING AND USING THIS SITE (THE “SITE”) AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE, OR ANY PAGES THEREOF.

The Site is a service of OneUnited Bank and its affiliates and subsidiaries (collectively, “OneUnited”). The information on the Site is for informational purposes only. The Site describes the nature of OneUnited’s activities and provides informative materials aimed at educating users, subject to the conditions described below, on the Site. Such descriptions are provided only to assist users in understanding products and services offered by OneUnited and such descriptions do not replace or supercede the actual terms and conditions applicable to each such product or service which may be reviewed in our local branch offices or copies requested via email. The information on the Site is believed to be accurate, but OneUnited does not warrant its completeness, timeliness or accuracy. Nothing contained herein is intended to, nor shall constitute legal, financial, or investment advise from OneUnited.

COPYRIGHT © 2002 ONEUNITED BANK.

ALL RIGHTS RESERVED.

Copyright

Copyright in the pages, in the screens displaying the pages and in the information, materials general presentation (“look and feel”), and other content (hereinafter collectively referred to as “Content”) contained in this web site is owned by OneUnited Bank (“OneUnited”) unless other wise indicated, and is protected by U.S. and international copyright laws and treaties. The information, materials and other content of this web site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of OneUnited. You may download one copy of the Content for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands. The use of any such material on any other website or computer environment is prohibited. Any unauthorized use, reproduction, display, distribution or alteration of the protected material, including policies, will result in a violation of US and international copyright laws and is strictly prohibited. The posting of Content does not constitute a waiver of any of OneUnited’s proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to users or any third-party.

ONEUNITED DOES NOT REPRESENT NOR WARRANT THAT YOUR USE OF ANY CONTENT AT THE SITE WILL NOT INFRINGE ON RIGHTS OF THIRD PARTIES. ANY UNAUTHORIZED USE BY YOU OF THE IMAGES OF PEOPLE OR PLACES DISPLAYED ON THE SITE MAY ALSO VIOLATE THE LAWS OF PRIVACY AND PUBLICITY AND IS EXPRESSLY PROHIBITED.

Certain Content may be presented in a format employing encryption security or other technology designed to prevent the downloading of such Content. Anyone who defeats these security measures will be in violation of the Digital Millennium Copyright Act and may be subject to civil and/or criminal liability. See Pub. L. No. 105-304, 112 Stat. 2860 (1998).

OneUnited, OneUnited Bank, OneUnited.com, and the OneUnited Symbol are registered and unregistered trademarks and service marks of OneUnited Bank. OneUnited and its subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages, and all goodwill related thereto. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. Your use of these trademarks and servicemarks without the prior written permission of their respective owners is strictly prohibited.

Products and Services

The information, materials, products and services, and the terms, conditions, and descriptions on this web site are subject to change without notice. You are bound by any such changes. You should therefore periodically visit these pages and review the then current Terms and Conditions. Unauthorized use of, or tampering with, OneUnited’s websites and systems including but not limited to unauthorized entry into OneUnited’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by OneUnited and/or its affiliates. To the extent this OneUnited site is construed as offering any Investment services, such Investment services are not bank deposits or insured by the FDIC or any other entity, and are subject to investment risks, including possible loss of the principal amount invested.

Convenience Documents And Data

The Site may contain form legal documents and other data provided for the convenience of the users of the Site. Such documents and data are for convenience purposes only, and should not be construed as the offering or delivery of legal advice by OneUnited or any other party. Before using any such document or data, you agree to consult independent legal counsel as to the advisability of using these documents or data in your particular circumstances.

Hyperlinks

The site may contain links to websites controlled or offered by third parties (non-affiliates of OneUnited). Further, OneUnited may not have reviewed the content posted by such third parties website. Your use of the hyperlinks on this web site to other Internet sites is at your own risk. OneUnited is not responsible for, does not endorse, and is not responsible for the content or accuracy of third party sites hyperlinked from this web site and does not guarantee the products or services offered on third party sites. You should review the privacy statements of a web site before you provide any personal or confidential information. Third party websites may have a privacy policy different from that of OneUnited and the third party website may provide less security than the OneUnited site.

Any links to the Site from other websites must (i) receive prior approval in writing by OneUnited, (ii) link to the homepage of the Site, (iii) not display the Content of the Site within a border or frame controlled by or displaying the Content of the linking page, and (iv) be promptly removed at the request of OneUnited.

No Reliance On Any Advice Or Opinion

No opinion, advice, statement or other information (“Information”) contained or provided herein or hereby is intended or shall be construed as a legal opinion or a prediction of the performance of any security, fund, or obligation. Reliance upon any Information shall be at the sole risk of the user. Prior to the execution of a purchase or sale or any security or investment, or any action related thereto, you are advised to consult with your broker or other financial advisor and other professionals as appropriate. Neither OneUnited, its affiliates, information providers or Content providers shall have any liability for investment or other decisions based upon, or the results obtained from, the Information. Neither OneUnited, its affiliates, information providers nor Content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of the Information. Nothing contained on the Site is intended to be, nor shall be construed as, investment or legal advice. You hereby acknowledge that the Information is provided for informational purposes only and is not intended for trading or legal opinion purposes.

No Warranty

OneUnited does not warrant the accuracy, adequacy, completeness or timeliness of the information, materials, products and services on this web site or the error-free use of this web site. OneUnited does not guarantee that access to the site, the content, or information posted on the site will be uninterrupted or error-free, that the site will be free of viruses or that the site cannot be tampered with or maliciously accessed by third-parties. All information, materials, products and services “as is” and “as available” no warranty of any kind, express or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus is given in conjunction with the information, materials, products and services.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Limitation of Liability

in no event will OneUnited, its affiliates, information providers nor its content providers be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if OneUnited, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort – including but not limited to negligence- or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnity

You hereby agree to indemnify and hold OneUnited and its affiliates and their respective directors, officers, managers, employees and agents harmless for all claims, losses and expenses (including attorneys fees and expenses) resulting from your access of or interaction with the Site, including but not limited to violations of these terms and conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Submissions

All information submitted to OneUnited via the Site shall be deemed and remain the property of OneUnited and OneUnited shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides OneUnited through the Site. OneUnited shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the OneUnited entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing OneUnited’s responsibilities and obligations to customers in accordance with the OneUnited Privacy Policy which is incorporated into and made a part of these Terms and Conditions.

Availability

The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, or a national or resident of, any such country or on any such list.

Additional Terms

Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Governing Law

Use of the Site shall be governed by all applicable federal laws of the United States of America and the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions. The state or federal courts located in the Commonwealth of Massachusetts, Suffolk County, shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions.

General

The provisions of these terms and conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these terms and conditions, and these terms and conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by OneUnited of any right under or provision of these terms and conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. The terms of these terms and conditions shall be incorporated into and made a part of any other agreement entered into by OneUnited and a user hereof.

Claim of Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Notification must be submitted to the following Designated Agent:

(i) Service Provider(s): [insert provider name]

(ii) Name of Agent Designated to Receive Notification of Claimed Infringement: [insert agent name]

(iii) Full Address of Designated Agent to Which Notification Should be Sent: [insert address]

(iv) Telephone Number of Designated Agent: [insert telephone number]

(v) Facsimile Number of Designated Agent: [insert fax number]

(vi) Email Address of Designated Agent: [insert e-mail address]

To be effective, the notification must be a written communication that includes the following:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OneUnited Bank’s Social Media and Networking Standards

OneUnited Bank participates in social media and networking sites that allow public comment. The intended purpose is to promote bank products and services, financial literacy, respond to inquiries, provide customer service and support good banking practices. Inappropriate posts by visitors to the sites are subject to removal, including but not limited to the following types of postings regardless of format (text, video, images, links, documents, etc.):

(i) Comments not topically related;

(ii) Profane language or content;

(iii) Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regards to public assistance, national origin, physical or mental disability or sexual orientation;

(iv) Sexual content or links to sexual content;

(v) Solicitations of commerce;

(vi) Conduct or encouragement of illegal activity;

(vii) Information that may tend to compromise the safety or security of the public or public systems; or

(viii) Content that violates a legal ownership interest of any other party.

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