Thank you for your interest in ICBA Community, the Independent Community Bankers of America (“ICBA”) peer to peer network for members. To ensure the best possible experience for all members, we have established these Terms and Conditions for use of ICBA Community. We reserve the right to suspend or terminate access to ICBA Community for anyone who violates these Terms and Conditions.
This site is provided as a service for the members of the ICBA. ICBA is not responsible for the opinions and information posted on this site by others. We disclaim all warranties regarding information posted on this site, whether posted by ICBA or any third party; this disclaimer includes all implied warranties of merchantability andfitness. In no event shall ICBA be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, and/or arising out of or in connection with the use or performance of any information posted on this site.
You agree to reserve postings on the ICBA Community to topics best suited to the medium as an on-line professional development and networking tool as it relates to your membership at ICBA. The posting of commercial, defamatory, harassing, libelous, slanderous, profane, threatening, infringing or illegal materials is prohibited.
You shall not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, you represent and warrant that you own the copyright with respect to such material or that you have received permission from the copyright owner to post the material. In addition, by posting such material the copyright owner grants ICBA and the ICBA Community users the nonexclusive and irrevocable right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Notwithstanding the foregoing, certain groups within the ICBA Community may engage in confidential discussions or posts that should not be reposted by the ICBA Community users without specific permission.
The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the ICBA Community are the sole property of ICBA or other third parties and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of their respective owners. In addition, all page headers, custom graphics, button icons and scripts are the sole property of ICBA and may not be copied, imitated or otherwise used, in whole or in part, without the prior written permission of ICBA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the ICBA Community infringes their rights under US copyright law. ICBA reserves the right to remove any material on the ICBA Community which allegedly infringes another person’s copyright. Notices to ICBA regarding any alleged copyright infringement on the ICBA Community should be sent to Vanessa Hanson at [email protected]. Please provide the following in your communication:
As a professional association, ICBA is subject to antitrust laws and regulations. To avoid violations of antitrust laws, you shall not post messages which encourage or facilitate members to arrive at any agreement that either expressly or implicitly leads to price fixing, a boycott of any business, or other conduct intended to illegally restrict free trade. Messages regarding the following subjects are inappropriate: prices, fundraising, discounts, or terms or conditions of sale; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
In all uses of the ICBA Community, you shall act in compliance with all applicable rules and regulations of all regulatory bodies and with all laws, ordinances, orders, rules, and regulations of all local, state, federal and other jurisdictions having authority over the performance hereof.
ICBA is not subject to the European Union’s General Data Protection Regulation (“GDPR). Consequently, GDPR and the United Kingdom’s GDPR do not apply. ICBA shall follow all applicable laws, rules, and regulations as it applies to ICBA.
ICBA may monitor the ICBA Community for violations of these Terms and Conditions. ICBA reserves the right to immediately remove any post and terminate access to any user who does not abide by these guidelines. Notwithstanding ICBA’s reservation of the right to remove content, ICBA has no affirmative obligation to monitor, review or remove content.
ICBA does not provide any warranty whatsoever, with respect to the ICBA Community or any content provided by you or by any user. It is hereby made explicitly clear that ICBA shall not be held responsible for any acts and/or omissions on the part of any user. ICBA, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE ICBA COMMUNITY “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ICBA, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ICBA EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE ACCURACY OF THE DATA RESULTING FROM ICBA COMMUNITY AND/OR ANY ACTIONS YOU MAY PURSUE OR REFRAIN FROM TAKING PURSUANT TO SUCH OUTPUT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS ICBA COMMUNITY WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE.
You agree that ICBA will not be responsible to you for any direct, indirect, consequential, special, or punitive damages or losses you may incur in connection with ICBA Community or any of the data or other materials transmitted or residing on ICBA Community, even if ICBA has been advised of the possibility of such damage or loss.
WITHOUT DEROGATING FROM ANY OF THE FOREGOING, ICBA’s TOTAL AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, IF ANY, IN CONNECTION WITH ICBA COMMUNITY WILL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ICBA DURING THE THREE (3) MONTHS PRECEDING THE SERVICES GIVING RISE TO SUCH LIABILITY, IF ANY, AND IF NO SUCH SERVICES ARE APPLICABLE, THEN ICBA’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $1,000 USD. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN ICBA AND YOU.
In addition, you agree to defend, indemnify and hold ICBA, its officers, directors, employees, members and agents harmless from and against any and all claims, proceedings, damages, injuries, liabilities losses, costs and expenses (including attorney’s fees) relating to any acts or omissions by you or materials or information transmitted or posted by you in the use of ICBA Community leading wholly or partially to claims against ICBA, its officers, directors, employees, members, or agents or ICBA Community by other users or third parties. The terms of this provision shall indefinitely survive the termination of your use of the ICBA Community and the termination or expiration of these Terms and Conditions.
You agree that any disputes arising out of these Terms and Conditions shall be governed by the laws of the District of Columbia, United States of America without regard to principles of conflicts of laws. You agree that any dispute or action concerning these Terms and Conditions shall be handled exclusively through final and binding arbitration following the rules of commercial arbitration defined by the American Arbitration Association(the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”) with arbitration taking place at the ICBA offices or other venue located in the District of Columbia as mutually agreed upon by the parties involved.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms and Conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the site, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the ICBA Community (including your visit to or use of ICBA Community and/or the service) be instituted more than one (1) year after the cause of action arose.
Waiver by ICBA of any term or condition of Terms and Conditions or any breach shall not constitute a waiver of any other term or condition or breach of this Agreement or a waiver of such term, condition, or breach at a subsequent time.
If any part of any provision of these Terms and Conditions shall be invalid or unenforceable under applicable law, said part or provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of said part or provision or the remaining parts or provisions of said agreement.
ICBA makes changes to its products and services from time to time; we may update Terms and Conditions to reflect these changes. We reserve the right to amend the ICBA Community Terms and Conditions at any time, for any reason, and may do so by posting a new version online. Your continued use of ICBA Community, and/or continued provision of Personal Data to us will be considered acceptance of any revised terms and subject to the terms of the then-current Terms and Conditions. We encourage you to periodically review this page for the latest information.
Questions about ICBA Community should be directed to Vanessa Hanson at [email protected]
By using this site, you acknowledge that you have read these Terms and Conditions, that you understand them, and that you agree to be bound by them in all uses of ICBA Community.