TERMS OF USING OUR SITE

The Proton Finance Bank and its officers, agents, employees, and content providers (referred to below as “The Proton Finance Bank” or “we” or “us” or “our”) maintain this web site and/or any related site (such as a related mobile application) that links to these Proton Finance Bank Terms and Conditions (the "Site") as part of efforts to provide broad public access to information. We encourage you to use the Proton Finance Bank information and data it contains (the "Materials") as well as communications tools designed to facilitate this use. Your access to and use of the Site, the Materials, those communications tools, and any new tools made available by us that alter or improve your use of the Site or the Materials are subject to these Proton Finance Bank Terms and Conditions, as well as any documents expressly incorporated by reference herein (collectively these “Terms and Conditions”).

Please read these Terms and Conditions carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

The Proton Finance Bank (the “Administrator”) administers this Site on behalf of the Proton Finance Bank. For purposes of these Terms of Use, “The Proton Finance Bank” means any or all of its member institutions, as the context may require. The member institutions of the Proton Finance Bank are separate legal entities and are severally (but not jointly) liable for their respective obligations hereunder. All Materials on this Site from the various member institutions of The Proton Finance Bank, and other content providers, on this Site appear subject to these Terms and Conditions. Unless expressly stated otherwise, the findings, interpretations, and conclusions expressed in the Materials in this Site are those of the various authors of the Materials and are not necessarily those of The Proton Finance Bank, its member institutions, or their respective Boards of Executive Directors or member countries.

NO ENDORSEMENT

You may not publicly represent or imply that The Proton Finance Bank, or any of its member institutions, is participating in, or has sponsored, approved, or endorsed the manner or purpose of your use or reproduction of the Materials. The Proton Finance Bank, or any of its member institutions, shall be entitled to prosecute, to the fullest extent of the law, any use of the Materials in a manner that falsifies, misrepresents, disparages, or fraudulently uses the Materials.

NO ASSOCIATION

The Proton Finance Bank and all related names, logos, product and service names, designs and slogans are trademarks of the relevant member institution(s). You may not use any such trademark, official mark, official emblem, or logo of The Proton Finance Bank or its member institutions, or any of its other means of promotion or publicity, without the prior written consent of the relevant member institution(s), nor in any event to represent or imply an association or affiliation with The Proton Finance Bank or any of such member institution. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

ACCESSING THE SITE; USERNAMES AND INTERACTIVE TOOLS

In order to access certain portions and features of the Site, you may have to create a “username” and complete an account registration process. If you do so, you agree to provide accurate, current, and complete information about yourself as prompted by the Site's registration forms. You also agree to update your account information in a prompt manner in order to keep it true, accurate, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, (which is hereby incorporated herein by reference), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You are responsible for maintaining the confidentiality of your account password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify the Administrator of any unauthorized use of your password or username or any other breach of security.

The Proton Finance Bank reserves the right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall The Proton Finance Bank be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of the Site or Materials made available on the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

INTELLECTUAL PROPERTY RIGHTS

The Site and its entire contents, features and functionality (including but not limited to all Posts, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Proton Finance Bank, its member institutions, business partners, service providers, licensors, users or other providers of such Material and are protected international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.

USE OF THE SITE

Prohibited Uses:

You may use the Site only for lawful, personal and non-commercial purposes. The Site may contain tools that enable you to “Post” (i.e., upload, post, make available, communicate, send, share, or transmit) Materials (collectively referred to as “Interactive Tools”). You agree not to use the Site, including the Interactive Tools, to do any of the following:

  • Violate any applicable law or encourage or provide instructions to another to do so.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Post any infringing, obscene, indecent, or unlawful material or information.
  • Misrepresent your identity, including by impersonating the Proton Finance Bank or any member institution or staff thereof.
  • Collect or store personal information about anyone.
  • Transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Provide any investment advice or otherwise violate applicable securities laws, or undertake or promote other commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

You further acknowledge that exchanges using Interactive Tools are public and not private communications. Therefore, any of your Posts will be considered available for public use and distribution as provided herein.

You represent and warrant that:

  • You own or control all rights in and to your Posts and have the right to grant the license granted above to us and our affiliates, business partners and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your Posts do and will comply with these Terms and Conditions.

You understand and acknowledge that you are responsible for any of your Posts, that Postings by you and other users are not endorsed by The Proton Finance Bank, and such Postings should not be considered reviewed, screened, or approved by The Proton Finance Bank. The Proton Finance Bank may or may not review Materials that you Post, but it shall have the right (but not the obligation) in its sole discretion to review, reject, or remove any and all Posts at any time for any or no reason whatsoever with or without notice to you.

You hereby grant each and all of the member institutions of The Proton Finance Bank a royalty-free, irrevocable, transferrable, sub licensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, and/or public performance) any and all Materials that you Post.

INDEMNIFICATION

As a condition of use of the Site, you agree to indemnify The Proton Finance Bank, and each of its member institutions, from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in the defense of any such claim. The Proton Finance Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of The Proton Finance Bank.

GOVERNING LAW

Any dispute between The Proton Finance Bank, or any of its member institutions, and you arising out of, or in connection with, the Site or your use of the Site which cannot be amicably settled between the parties to such dispute shall be arbitrated in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by one arbitrator appointed in accordance with those rules. Any resulting arbitration decision shall be final and binding on both parties. Judgment upon any arbitration award in favor of The Proton Finance Bank may be entered in any court having jurisdiction thereof. The Proton Finance Bank Terms and Conditions and the relationship between you and The Proton Finance Bank shall be governed by the laws as an agreement wholly performed therein without regard to its conflict of law provisions.

PRESERVATION OF IMMUNITIES

Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of any of the member institutions of The Proton Finance Bank, which are specifically reserved.

MISCELLANEOUS

These Terms and Conditions may be amended by The Proton Finance Bank from time to time at our sole discretion. Upon amendment, we will place a notice on our homepage. Please periodically review the controlling version of these Terms and Conditions. All change are effective immediately when we post them. By continuing to use the Site subsequent to The Proton Finance Bank making available an amended version of these Terms and Conditions, you thereby acknowledge, agree, and consent to such amendment.

The failure of The Proton Finance Bank or any of its member institutions to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by The Proton Finance Bank or any of its member institutions of any provision of this Agreement shall be binding except as set forth in writing and signed by its duly authorized representative.

These Terms and Conditions are fully assignable by The Proton Finance Bank and will be binding upon and inure to the benefit of our successors and assigns.

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions. You agree not make any public statements that assert or imply any relationship with The Proton Finance Bank, unless you have The Proton Finance Bank's prior written approval.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

The Proton Finance Bank reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.

The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect


Last Updated: June 05, 2022

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