Terms of Service
FAR BANK ENTERPRISES, INC.
WEBSITE TERMS OF SERVICE
Effective Date: February 8, 2022
Last Updated: February 8, 2022
The Far Bank website located at https://farbank.com/ (“Website”) is owned and operated by Far Bank Enterprises, Inc., together with its affiliates, subsidiaries (including without limitation Sage Manufacturing Corporation; RIO Products Intl., Inc.; and Fly Water Travel LLC), divisions, successors, and assigns (collectively, “Far Bank,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of the Website, including without limitation, when you access and/or use any services, purchase any products, or use any other features we may offer through the Website.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE WEBSITE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.
1. MODIFICATION OF TERMS.
We reserve the right to update, change, replace, or otherwise revise these Terms at any time. We will post any new or revised Terms here. It is your responsibility to review these Terms regularly to make sure you are aware of any changes. You can determine if these Terms have been revised since your last visit to the Website by referring to the last updated date at the top of these Terms. If changes are significant, we might, in our discretion, notify you of such changes by posting a notice on the home page of the Website and/or via contact information that you provided to us, if any. Your continued use of or access to the Website following such revision to these Terms constitutes your acceptance of and agreement to be bound by the Terms, as revised, and the revisions will apply to your use of the Website on and after the date on which we post the revised Terms. Any new features or tools that are added to the current Website are subject to these Terms.
2. ABILITY TO AGREE TO TERMS; INTENDED USERS.
The Website is intended for use by adults only. By using the Website, you affirm that you (i) are eighteen (18) years old or older or are at least the age of majority in your state of residence; (ii) are a resident of the United States; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms.
The Website is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. If you access the Website, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Website. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
4. USER PERMISSIONS.
Far Bank grants you a non-exclusive, personal non-transferable, non-assignable, non-sublicensable, revocable, limited license to access and use the Website for your personal purposes only, provided that you comply with these Terms. Any copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website (or creation of derivative works based on the Website) is strictly prohibited without the express prior written permission of Far Bank. We reserve the right to discontinue your access to the Website at any time.
5. TECHNICAL REQUIREMENTS.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.
6. PURCHASES FROM THE WEBSITE AND ACCOUNT CREATION.
You may purchase Far Bank products through the Website. If you register for an account on the Website, or if you make a purchase through the Website, you agree not to use a false or misleading name or a name you are not authorized to use. You must provide accurate and complete information for your account and/or purchases. All billing and registration information you provide must be truthful and accurate. Providing false, incomplete, or incorrect information could result in rejection of any orders you make, and constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. Further, you acknowledge there might be other terms applicable to your product purchases shown elsewhere on the Website or sent to you via email or otherwise when you purchase product from us.
If you have an account on the Website, you are solely and exclusively responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree not to share your account or password with any third party. You agree to accept full and sole responsibility for all activities that occur under your account or password, whether with or without your knowledge. You agree to notify us within five (5) days if you become aware of any unauthorized use of your account. We may suspend or terminate your account in such event. If you become aware of a breach of security in your system that may affect your other users’ account login credentials, please contact us immediately so that we may reset passwords for any affected users.
7. TRANSFER OF INFORMATION.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
8. ACCURACY OF WEBSITE AND PRODUCT INFORMATION.
We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website might occasionally be inaccurate, incomplete, or out of date; or might contain typographical errors, inaccuracies, or omissions that could relate to product descriptions, pricing, promotions, offers, shipping charges, transmit times, and availability. Products included on the Website might be unavailable, may have different attributes than those listed, or might actually carry a different price than that stated on the Website. In addition, we could make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service, to cancel orders due to inaccurate information (including after you have submitted an order), and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. We make no representation as to the completeness, accuracy, or current-ness of any information on this Website. We are not responsible if information made available on this Website is not accurate, complete, or current. You rely on the information on the Website at your sole risk.
We reserve the right to modify the contents of, information at, and products available on the Website at any time or to discontinue offering the Website entirely.
9. PRODUCTS AND SERVICES.
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, at our sole discretion.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, product availability, and all product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. We shall not be responsible or liable to you or any third party for any product or service modification, price change, suspension, or discontinuance.
Any offer for any product or service made on this Website is void where prohibited by law.
10. ACCURACY OF BILLING AND ACCOUNT INFORMATION; LIMITING ORDERS.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions could include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11. PRODUCT RETURNS.
For information regarding product returns, please review our Return Policy.
12. COMPLIANCE MEASURES.
The Website may contain technological copy protection or other security features designed to prevent unauthorized use of the Website, including without limitation, features to protect against use of the Website that is prohibited by these Terms. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to any such technological copy protection or other security features.
13. THIRD-PARTY LINKS, TOOLS, AND CONTENT.
The Website might contain links to websites and tools that are not owned, operated, or controlled by us. All such links and tools are provided solely as a convenience to you. If you use these links and tools, you will leave this Website. Neither we nor any of our subsidiaries or affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our subsidiaries or affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any tools, content, materials, or other information located or accessible from such websites and tools, or the results that you may obtain from using such websites and tools. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction through a third-party website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
15. PROHIBITED USES. By using the Website, you agree that you shall NOT at any time, directly or indirectly:
(a) copy, download, publicly display, perform, distribute, or disseminate outside of the Website, any information or materials you obtain from the Website;
(b) use the Website for any fraudulent or unlawful purpose or any purpose prohibited by these Terms;
(c) use the Website in any manner that may adversely affect Far Bank’s resources or the availability of the Website to others, or in any way that disrupts the operation of the Website or the servers or networks that make the Website available;
(d) impersonate any person or entity, create a false identity, falsely state, or otherwise misrepresent your affiliation with any person or entity, express or imply that Far Bank endorses any statement or action that you make or have made, or otherwise mislead in connection with your access to and use of the Website;
(e) create a database by downloading and/or saving any content, material, or information from the Website;
(f) use the Website to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation, any device, technology, product, computer program, mobile application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website;
(g) frame or mirror any portion of the Website;
(h) attempt to gain unauthorized access to the Website. You may not attempt to defeat any security measures that we take to protect the Website;
(i) use the Website or material obtained from the website for any commercial or public purpose or any purpose beyond the scope of the license granted herein;
(j) copy, reproduce, modify, translate, adapt, or otherwise create derivative works or improvements, whether in whole or in part, of the Website or any information or materials made available on the Website;
(k) remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices, included on the Website;
(l) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, right of publicity, or other right of any person, or that violates any applicable law, regulation, or rule;
(m) use the Website or its content for purposes of competitive analysis of the Website or the development of a competing website, product, or service;
(n) to solicit others to perform or participate in any fraudulent or unlawful acts or any acts prohibited by these Terms;
(o) to violate any international, federal, state, or local laws, rules, or regulations, rules, laws, or ordinances;
(p) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(q) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website;
(r) to collect or track the personal information of others;
(s) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(t) for any obscene or immoral purpose; or
(u) to interfere with or circumvent the security features of the Website. We reserve the right to terminate your use of the Website for violating any of the prohibited uses.
16. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge and agree that the Website is provided under license, and not sold, to you. The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by Far Bank, and are protected by copyright, trademark, and other laws, and may not be used except as permitted in these Terms. You do not acquire any ownership interest in or to the Website or its content, or any other rights in or to the Website or its content, other than the right to use the Website in accordance with the license expressly granted in these Terms, which license is subject to all terms, conditions, and restrictions of these Terms. For the avoidance of doubt, Far Bank and its licensors and suppliers reserve and shall retain all of their rights, titles, and interests in and to the Website and its content, and all intellectual property rights arising out of or relating to the Website and its content, subject only to the non-exclusive license expressly granted to you in these Terms. Any unauthorized use of the Website and contents thereof may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other laws and regulations.
Certain trademarks, trade names, service marks, and logos used or displayed on this Website are registered and unregistered trademarks, trade names, service marks, and logos of Far Bank and/or our subsidiaries and affiliates. Other trademarks, trade names, logos, and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names, logos, and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Website without our prior written permission or the prior written permission of such third party owner.
18. CONTENT YOU SUBMIT.
(a) Ownership of and Right to Use User Content. If you choose to post any information, content, or comments (collectively, “User Content”) to any portion of the Website where it is readily apparent that the User Content will be publicly available or available to other Website users, you consent to our posting of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation and use of the Website and in connection with our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, fully-paid up, non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content). You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided through the Website. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all rights, titles, and interests in and to what we create or develop without use of your User Content. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY WEBSITE USER OR OTHER THIRD PARTY.
(b) Conduct Relating to Your User Content. If you post User Content to any areas of the Website where it is readily apparent that the User Content will be publicly available, you agree that:
· you are solely responsible for the User Content you post;
· upon your request, we may, but have no obligation to, remove User Content that you post, but copies of User Content that you posted might remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content;
· you must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the Website might be suspended or terminated, and we might notify law enforcement authorities;
· you may not post User Content using any automated means;
· you must not create multiple accounts for yourself with the intent of exploiting our Website;
· we may or may not pre-screen your User Content before it is posted, and we have the right, but not the obligation, in our discretion and without notice to you, to refuse to post your User Content;
· we are not obligated to monitor the User Content posted to the Website. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other Website user;
· by posting, you represent and warrant that you have the right to share your User Content, and that our use of the User Content, as allowed in these Terms, and inclusion of the User Content on the Website, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark right, patent right, trade secret right, or any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content to the Website, and you agree to indemnify Far Bank according to Section 22 below;
· user Content posted to the Website is the responsibility of the posting user. User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users through the Website are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content. You acknowledge and agree that your reliance on User Content will be at your own risk; and
· in the event that we refuse to post your User Content or remove your User Content for any reason, we reserve the right to disclose such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
19. INFRINGEMENT POLICY.
We will remove User Content posted to the Website if we believe in good faith that the User Content is infringing a copyrighted work. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials on the Website infringe your copyright, you may request removal of those materials from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
· Identification of the copyrighted work you believe to have been infringed.
· Identification of the material on the Website you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, address, telephone number, and email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
· Your physical or electronic signature.
Our copyright contact to receive DMCA Notices is:
Attn: Copyright Agent
Far Bank Enterprises, Inc.
8500 NE Day Road
Bainbridge Island, WA 98110
If you fail to comply with all of the requirements above, your DMCA Notice might not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).
Counter Notification Procedures
If you believe that material you posted on the Website was removed by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notice to our copyright contact above. The Counter Notice must include substantially the following:
· An identification of the material that has been removed and the location of the Website at which the material appeared before it was removed.
· Adequate information by which we can contact you (including your name, address, telephone number, and email address).
· A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed.
· A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside of the United States, for any judicial district in which we may be found) and that you will accept service from the person (or an agent of that person) who provided us with the applicable DMCA Notice.
· Your physical or electronic signature.
The DMCA requires us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you (the alleged infringer) within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees).
It is our policy in appropriate circumstances to disable and/or terminate the accounts of Website users who are repeat infringers.
20. NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES; LIMITATIONS OF LIABILITY.
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND FAR BANK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS, WARRANTIES, AND GUARANTEES, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SUITABILITY, TIMELINESS, TITLE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NEITHER WE NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR SUBSIDIARIES OR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, SUITABILITY, TIMELINESS, TITLE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR INFRINGEMENT OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT WILL WE; OR OUR SUBSIDIARIES, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, OR ASSIGNS; OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR RETAIL PARTNERS; OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR SIMILAR LOSSES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE; ANY WEBSITES LINKED TO THIS WEBSITE; OR THE MATERIALS, PRODUCTS, INFORMATION, OR SERVICES CONTAINED AT OR OBTAINED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU HEREBY AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), or otherwise shall be USD 100. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
No statements, whether oral or written, made by any director, officer, member, employee, or agent of Far Bank may be deemed as a representation or warranty on behalf of Far Bank in contradiction to this Section or any other provisions of these Terms.
In agreeing to the limitations of liability contained in these Terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
21. INDEMNIFICATION BY YOU.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS FAR BANK, ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, AWARDS, FINES, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE WEBSITE; (ii) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION, ARISING OUT OF THE DISPLAY OF YOUR USER CONTENT ON THE WEBSITE AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS; (iii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS; (iv) YOUR VIOLATION OF THESE TERMS AND/OR THE OTHER POLICIES AND/OR TERMS POSTED ON THE WEBSITE, AND/OR YOUR BREACH OF, OR THE FALSITY OF, YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS; AND/OR (v) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION.
22. ELECTRONIC COMMUNICATIONS.
When you access the Website or send emails to us, you are communicating with us electronically. And you consent to receive responsive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings on the Website, by email, or by regular mail, in our discretion; and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. FEEDBACK AND COMMENTS.
By submitting ideas, suggestions, or enhancement requests, (collectively, “Contributions”) to Far Bank through the Website or otherwise, you acknowledge and agree that: (i) the Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all rights, titles, and interests in and to what we create or develop without use of your Contributions; (v) you hereby assign to Far Bank all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation or attribution or acknowledgement of any kind for your Contributions.
There is no guarantee that we will continue to offer or provide the Website, and we may simply suspend or discontinue the Website (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Website or to modify the Website. We may, in addition to all other rights and remedies, terminate your access to and use of the Website if you breach any provision of these Terms or if you access or use the Website in a manner that is not expressly authorized by Far Bank or that may harm Far Bank or a third party. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website after such termination will constitute an act of trespass, among other potential claims.
25. YOUR DISCONTINUED USE.
You may discontinue use of the Website at any time. These Terms will continue to apply to all past use of the Website, even if you are no longer using the Website, whether voluntarily or because we terminated your access thereto. You will remain liable for all amounts due up to and including the date of termination.
27. EQUITABLE REMEDIES.
To the extent you have violated or threatened to violate Far Bank’s intellectual property rights; violated or threatened to violate the security of any person, data, Far Bank’s servers or networks, and/or the Website; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to Far Bank, and Far Bank shall be entitled to injunctive or other appropriate relief, including without limitation, specific performance (without the posting of a bond or other security and without proving damages), and you agree that Far Bank may seek such relief in any court of competent jurisdiction.
28. GOVERNING LAW; JURISDICTION FOR DISPUTES.
These Terms, and any claim, dispute, or action relating to the Website, will be governed by the laws of the State of Washington, without giving effect to any conflicts of laws principles. Any claims arising under these Terms must be brought in a federal or state court located in Kitsap County, Washington, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any claim or defense that such forum is not convenient or proper.
29. CALIFORNIA CONSUMER RIGHTS NOTICE.
Under California Civil Code Section 1789.3, Website users who are California residents are entitled to the following consumer rights notice: The provider of the Website is Far Bank Enterprises, Inc. with its principal address at 8500 NE Day Rd, Bainbridge Island, WA 98110; 1-(800) 533-3004. As of the Last Updated date shown above of these Terms, no direct charges are imposed upon you for use of this Website. If you are a California resident, you may report complaints with the services provided through this Website or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
30. CONTACT INFORMATION.
For questions regarding these Terms please contact us at:
Far Bank Enterprises, Inc.