The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall governthe relationship with our users and others which may interact or interface with Online Solutions, alsoknown as Digidinarbank, located at 28 State St #1100, Boston, Massachusetts 02109, and our subsidiariesand affiliates, in association with the use of the Digidinarbank website, which includes www.digidinarbank.com(the "Site") and its Services, which shall be defined below.
The Site is an e-commerce website banking software which has the following description:We are offering Banking Software servicesAny and all visitors to our site , despite whether they are registered or not, shall be deemed as "users" of theherein contained Services provided for the purpose of this TOS. Once an individual registers for ourServices, through the process of creating an account, the user shall then be considered a "member."The user and/or member acknowledges and agrees that the Services provided and made available throughour website and applications, which may include some mobile applications and that those applications maybe made available on various social media networking sites and numerous other platforms anddownloadable programs, are the sole property of Online Solutions. At its discretion, Online Solutions mayoffer additional website Services and/or products, or update, modify or revise any current content andServices, and this Agreement shall apply to any and all additional Services and/or products and any and allupdated, modified or revised Services unless otherwise stipulated. Online Solutions does hereby reserve theright to cancel and cease offering any of the aforementioned Services and/or products. You, as the end userand/or member , acknowledge, accept and agree that Online Solutions shall not be held liable for any suchupdates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.Your continued use of the Services provided, after such posting of any updates, changes, and/ormodifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,frequent review of this Agreement and any and all applicable terms and policies should be made by you toensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,modified, revised or modified terms, you must stop using the provided Services.Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shallbe provided "AS IS" and as such Online Solutions shall not assume any responsibility or obligation for thetimeliness, missed delivery, deletion and/or any failure to store user content, communication orpersonalization settings.
To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legallybinding contract. In addition, you must be in good standing and not an individual that has been previouslybarred from receiving Digidinarbank Services under the laws and statutes of the United States or otherapplicable jurisdiction.Furthermore, the registering party hereby acknowledges, understands and agrees to:a) furnish factual, correct, current and complete information with regards to yourself as may berequested by the data registration process, andb) maintain and promptly update your registration and profile information in an effort to maintainaccuracy and completeness at all times.If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, OnlineSolutions will have sufficient grounds and rights to suspend or terminate the member in violation of thisaspect of the Agreement, and as such refuse any and all current or future use of Online Solutions Services,or any portion thereof.It is Online Solutions's priority to ensure the safety and privacy of all its visitors, users and members,especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13that permit their child or children access to the Digidinarbank website platform Services must create a"family" account, which will certify that the individual creating the "family" account is of 18 years of ageand as such, the parent or legal guardian of any child or children registered under the "family" account. Asthe creator of the "family" account, s/he is thereby granting permission for his/her child or children toaccess the various Services provided, including, but not limited to, message boards, email, and/or instantmessaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Servicesand/or content provided are age-appropriate for his/her child.
After completion of the registration data and creation of your username, you will receive a randompassword—which you can later change—and account designation. You shall be responsible for maintainingthe secrecy and confidentiality of your password and for all activities that transpire on or within youraccount. It shall be your responsibility to notify Online Solutions immediately if you notice anyunauthorized access or use of your account or password or any other breach of security. Online Solutionsshall not be held liable for any loss and/or damage arising from any failure to comply with this term and/orcondition of the TOS.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with alllocal rules relating to online conduct and that which is considered acceptable Content. Uploading, postingand/or transferring of software, technology and other technical data may be subject to the export and importlaws of the United States and possibly other countries. Through the use of our network, you thus agree tocomply with all applicable export and import laws, statutes and regulations, including, but not limited to,the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as thesanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a) are not on the list of prohibited individuals which may be identified on any government exportexclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member ofany other government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through the use of ournetwork Services to any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile, chemical orbiological weaponry end uses that would be a violation of the U.S. export laws; andd) agree not to post, transfer nor upload any software, technology or any other technical data whichwould be in violation of the U.S. or other applicable export and/or import laws.
Online Solutions shall not lay claim to ownership of any content submitted by any visitor , member or user,or make such content available for inclusion on our website Services. Therefore, you hereby grant andallow for Online Solutions the below listed worldwide, royalty-free and non-exclusive licenses, asapplicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of OnlineSolutions's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publiclyperform and/or publicly display said Content on our network Services is for the sole purpose ofproviding and promoting the specific area to which this content was placed and/or made availablefor viewing. This license shall be available so long as you are a member of Online Solutions's sites,and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publiclyaccessible areas of Online Solutions's sites, the license provided to permit to use, distribute,reproduce, modify, adapt, publicly perform and/or publicly display said Content on our networkServices are for the sole purpose of providing and promoting the specific area in which this contentwas placed and/or made available for viewing. This license shall be available so long as you are amember of Online Solutions's sites and shall terminate at such time when you elect to discontinueyour membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas ofOnline Solutions's sites, the continuous, binding and completely sub-licensable license which ismeant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly performand/or publicly display said content, whether in whole or in part, and the incorporation of any suchContent into other works in any arrangement or medium current used or later developed.Those areas which may be deemed "publicly accessible" areas of Online Solutions's sites are those suchareas of our network properties which are meant to be available to the general public, and which wouldinclude message boards and groups that are openly available to both visitors and members . However, thoseareas which are not open to the public, and thus available to members only, would include our mail systemand instant messaging .
Online Solutions provides an area for our users and members to contribute feedback to our website. Whenyou submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledgeand agree that:a) your Contributions do not contain any type of confidential or proprietary information;b) Digidinarbank shall not be liable or under any obligation to ensure or maintain confidentiality,expressed or implied, related to any Contributions;c) Digidinarbank shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;d) the contributor's Contributions shall automatically become the sole property of Digidinarbank;ande) Digidinarbank is under no obligation to either compensate or provide any form of reimbursementin any manner or nature.
All users and/or members herein agree to insure and hold Online Solutions, our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand,which may include, but is not limited to, reasonable attorney fees made by any third party, which may arisefrom any content a member or user of our site may submit, post, modify, transmit or otherwise makeavailable through our Services, the use of Digidinarbank Services or your connection with theseServices, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to Digidinarbank's sites. USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Online Solutions may set up any such practices and/or limits regarding theuse of our Services, without limitation of the maximum number of days that any email, message posting orany other uploaded content shall be retained by Online Solutions, nor the maximum number of emailmessages that may be sent and/or received by any member, the maximum volume or size of any emailmessage that may be sent from or may be received by an account on our Service, the maximum disk spaceallowable that shall be allocated on Online Solutions's servers on the member's behalf, and/or the maximumnumber of times and/or duration that any member may access our Services in a given period of time. Inaddition, you also agree that Online Solutions has absolutely no responsibility or liability for the removal orfailure to maintain storage of any messages and/or other communications or content maintained ortransmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove anyaccount that is no longer active for an extended period of time. Furthermore, Online Solutions shall reservethe right to modify, alter and/or update these general practices and limits at our discretion.
Online Solutions shall reserve the right at any time it may deem fit, to modify, alter and or discontinue,whether temporarily or permanently, our service, or any part thereof, with or without prior notice. Inaddition, we shall not be held liable to you or to any third party for any such alteration, modification,suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.digidinarbank.com, you may cancel or terminate your account, associated emailaddress and/or access to our Services by submitting a cancellation or termination request to email@example.com .As a member, you agree that Online Solutions may, without any prior written notice, immediately suspend,terminate, discontinue and/or limit your account, any email associated with your account, and access to anyof our Services. The cause for such termination, discontinuance, suspension and/or limitation of accessshall include, but is not limited to:a) any breach or violation of our TOS or any other incorporated agreement, regulation and/orguideline;b) by way of requests from law enforcement or any other governmental agencies;c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection with your www.digidinarbank.com account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and orlimitations of access for cause shall be made at our sole discretion and that we shall not be liable to you orany other third party with regards to the termination of your account, associated email address and/oraccess to any of our Services.The termination of your account with www.digidinarbank.com shall include any and/or all of thefollowing:a) the removal of any access to all or part of the Services offered within www.digidinarbank.com;b) the deletion of your password and any and all related information, files, and any such content thatmay be associated with or inside your account, or any part thereof; andc) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers locatedon or through our Services, which may include the payment and/or delivery of such related goods and/orServices, and any such other term, condition, warranty and/or representation associated with such dealings,are and shall be solely between you and any such advertiser. Moreover, you herein agree that OnlineSolutions shall not be held responsible or liable for any loss or damage of any nature or manner incurred asa direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Online Solutions or any third parties may provide links to other websites and/or resources. Thus, youacknowledge and agree that we are not responsible for the availability of any such external sites orresources, and as such, we do not endorse nor are we responsible or liable for any content, products,advertising or any other materials, on or available from such third party sites or resources. Furthermore, youacknowledge and agree that Online Solutions shall not be responsible or liable, directly or indirectly, forany such damage or loss which may be a result of, caused or allegedly to be caused by or in connectionwith the use of or the reliance on any such content, goods or Services made available on or through anysuch site or resource.
You do hereby acknowledge and agree that Online Solutions's Services and any essential software that maybe used in connection with our Services ("Software") shall contain proprietary and confidential material thatis protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledgeand agree that any Content which may be contained in any advertisements or information presented by andthrough our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietaryrights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorizedby Online Solutions or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based onOnline Solutions Services (e.g. Content or Software), in whole or part.Online Solutions herein has granted you personal, non-transferable and non-exclusive rights and/or licenseto make use of the object code or our Software on a single computer, as long as you do not, and shall not,allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverseassemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant asecurity interest in and/or otherwise transfer any such right in the Software. Furthermore, you do hereinagree not to alter or change the Software in any manner, nature or form, and as such, not to use anymodified versions of the Software, including and without limitation, for the purpose of obtainingunauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Servicesthrough any means other than through the interface which is provided by Online Solutions for use inaccessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF ONLINE SOLUTIONS SERVICES AND SOFTWARE ARE AT THE SOLE RISKBY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"AND/OR "AS AVAILABLE" BASIS. ONLINE SOLUTIONS AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHEREXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NON-INFRINGEMENT.b) ONLINE SOLUTIONS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) ONLINESOLUTIONS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)ONLINE SOLUTIONS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINEDFROM THE USE OF THE ONLINE SOLUTIONS SERVICES OR SOFTWARE WILL BEACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANYINFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BYYOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BECORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAYOF ONLINE SOLUTIONS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOURSOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNETACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THATCOULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION ORMATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THATMAY BE OBTAINED BY YOU FROM ONLINE SOLUTIONS OR BY WAY OF OR FROMOUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLYSTATED IN THE TOS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANYINVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ONLINE SOLUTIONSAND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL,SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE,DATAAND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISEDOF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
Should you intend to create or to join any service, receive or request any such news, messages, alerts orother information from our Services concerning companies, stock quotes, investments or securities, pleasereview the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for thisparticular type of information, the phrase "Let the investor beware" is appropriate. Online Solutions'scontent is provided primarily for informational purposes, and no content that shall be provided or includedin our Services is intended for trading or investing purposes. Online Solutions and our licensors shall not beresponsible or liable for the accuracy, usefulness or availability of any information transmitted and/or madeavailable by way of our Services, and shall not be responsible or liable for any trading and/or investmentdecisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OFSECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TOYOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that thereshall be third-party beneficiaries to this agreement.
Online Solutions may furnish you with notices, including those with regards to any changes to the TOS,including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our websiteServices, or other reasonable means currently known or any which may be herein after developed. Anysuch notices may not be received if you violate any aspects of the TOS by accessing our Services in anunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to havereceived any and all notices that would have been delivered had you accessed our Services in an authorizedmanner.
You herein acknowledge, understand and agree that all of the Online Solutions trademarks, copyright, tradename, service marks, and other Online Solutions logos and any brand features, and/or product and servicenames are trademarks and as such, are and shall remain the property of Online Solutions. You herein agreenot to display and/or use in any manner the Online Solutions logo or marks.
Online Solutions will always respect the intellectual property of others, and we ask that all of our users tothe same. With regards to appropriate circumstances and at its sole discretion, Online Solutions maydisable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes therights of others. If you feel that your work has been duplicated in such a way that would constitutecopyright infringement, or if you believe your intellectual property rights have been otherwise violated, youshould provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf of the owner ofthe copyright or other intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has beeninfringed upon;c) A description of the location of the site which you allege has been infringing upon your work;d) The physical address, telephone number, and email address;e) A statement, in which you state that the alleged and disputed use of your work is not authorized bythe copyright owner, its agents or the law;f) And finally, a statement, made under penalty of perjury, that the aforementioned information in yournotice is the truth and accurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectual property owner's behalf.The Online Solutions Agent for notice of claims of copyright or other intellectual property infringement canbe contacted as follows:
Mailing Address:Online SolutionsAttn: Copyright Agent28 State St #1100Boston, Massachusetts 02109Telephone: 800-591-8085Email: terms (at) digidinarbank.com
BE IT KNOWN, that Online Solutions complies with all applicable Federal Communications Commissionrules and regulations regarding the closed captioning of video content. For more information, please visitour website at www.digidinarbank.com.
This TOS constitutes the entire agreement between you and Online Solutions and shall govern the use ofour Services, superseding any prior version of this TOS between you and us with respect to OnlineSolutions Services. You may also be subject to additional terms and conditions that may apply when youuse or purchase certain other Online Solutions Services, affiliate Services, third-party content or third-partysoftware.
It is at the mutual agreement of both you and Online Solutions with regard to the TOS that the relationshipbetween the parties shall be governed by the laws of the state of Massachusetts without regard to its conflictof law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating tothe TOS, or the relationship between you and Online Solutions, shall be filed within the courts havingjurisdiction within the County of United States Of America, Massachusetts or the U.S. District Courtlocated in said state. You and Online Solutions agree to submit to the jurisdiction of the courts aspreviously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over theparties by such courts and to venue in such courts.
At any time, should Online Solutions fail to exercise or enforce any right or provision of the TOS, suchfailure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by acourt of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavorto give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOSremain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your IDand/or contents within your account shall terminate upon your death. Upon receipt of a copy of a deathcertificate, your account may be terminated and all contents therein permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim oraction arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after saidclaim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Online Solutions as follows:Mailing Address:Online SolutionsAttn: Copyright Agent28 State St #1100Boston, Massachusetts 02109Telephone: 800-591-8085Email: terms (at) digidinarbank.com