Privacy & User Consent

EBA Website Terms of Service

1. SCOPE OF AGREEMENT

This Terms of Use Agreement ("Agreement") by and between Environmental Bankers Association ("we", "us", "our" or “EBA”) and you ("you," ”your" or “Releasor”) governs your use of the ENVIROBANK.ORG web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other EBA owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation, our Privacy Policy at www.envirobank.org/about/privacy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes by posting the changes on the Site. Changes will take effect once we notify you ("effective date"). You can always obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

2. INFORMATION AND PASSWORDS

You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services, including, without limitation, your name or your company's name, member number, address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for goods and services via the Services (e.g., credit card number, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable.

Certain features and functions of the Services are not generally available to the public. In order to access and use such features and functions, we may require you to enter a unique userID and password. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your userID, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

3. ACCESS TO AND USE OF THE SERVICES

You may not use, or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.

You also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Services, or anyone else; (c) collect or attempt to collect any information from others, including, without limitation, personally identifiable information, without such party's prior written consent. You agree to comply with all local, state, and federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Services.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Services or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including, without limitation, promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. INTERACTIVE SERVICES

In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, bulletin boards and other interactive functionality ("Interactive Services"). If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. If you choose to transmit any Content using such Interactive Services, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the Content you may transmit using these Interactive Services. We make no representation that your use of the Interactive Services will comply with applicable laws or that the Interactive Services were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content.

Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any Content we consider harmful, offensive, disruptive, or in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, for any use or purpose.

5. EBA: Terms and Agreement

Releasor understands that any such testimonial and photographs shall be the property of Environmental Bankers Association (EBA) and may be used, or caused to be used by EBA or those authorized by EBA, in EBA’s sole discretion, for any and all exhibitions, public displays, publications, commercial art, advertising, or trade, in any format and for any other lawful purpose whatsoever, without any limitation or reservations, and without any compensation to Releasor. Releasor hereby waives any right that Releasor may have to inspect and/or approve the finished product or advertising copy that may be used in connection therewith or the use to which it may be applied. Releasor further releases, discharges, and agrees to indemnify, defend, and hold harmless EBA from and against any injuries, harm, damages, costs, expenses, losses, liabilities, lawsuits, actions, claims, and/or demands of any kind whatsoever, including attorneys’ fees and court costs, arising out of any lawful use of such testimonial.

6. INTELLECTUAL PROPERTY

The items displayed or otherwise made available via the Services (directly or indirectly), including, without limitation, all text, graphics, images, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same (the "Material"), excluding the Content you upload, post or otherwise transmit via Interactive Services, is owned by or licensed to us or our third party partners. You have no rights in or to such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless otherwise specifically set forth on the Site or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted under this Agreement. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and, unless otherwise specifically specified on the Site, should not be construed as an endorsement by or representation of the opinions of EBA. We do not give legal advice. Your reliance upon Material obtained by you on or through the Services is solely at your own risk. EBA NEITHER WARRANTS OR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

7. COPYRIGHT COMPLAINTS

EBA respects the intellectual property rights of others and EBA may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide EBA’s copyright agent with the information specified below. Please note that this procedure is exclusively for notifying EBA that your copyrighted material has been infringed.

    An electronic or physical signature of the owner of the copyright interest or the person authorized to act on behalf of the owner of the copyright interest;

    A description of the copyrighted work that you claim has been infringed upon;

    A description of where the material that you claim is infringing is located on the Site;

    Your address, telephone number, and e-mail address;

    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

EBA’s Copyright Agent for notice of claims of copyright infringement can be reached via email as follows: eba@envirobank.org

8. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.

9. DISCLAIMER OF WARRANTY

THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EBA, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT MPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY USE IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

11. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

12. TERMINATION

We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

13. GOVERNING LAW AND INTERPRETATION

This Agreement and your use of the Services, will be interpreted under and governed by the substantive laws of the state of Georgia, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with EBA or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the state of Georgia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by an authorized officer of EBA. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

COPYRIGHT INFORMATION

All content appearing on this web site is the property of Environmental Bankers Association, 2900 Delk Road, Suite 700, PMB 321, Marietta, GA  30067. Copyright © 2019. All rights reserved.

Environmental Bankers Association Data Privacy Policy

Introduction

At EBA we recognize the importance of securing and protecting all data and the privacy of certain basic personally identifiable data, such as contact information, demographic information and payment processing information. We do not collect data from individuals unless provided to us voluntarily and knowingly and with access to update and change the data at will. We have adopted this Data Privacy Policy to guide how we and our affiliates (i.e. account holders, members, vendors, staff, chapter leadership) use such information. This policy meets the requirements of GDPR, PIPEDA, and the FTC Act.

Purpose

The purpose of this Policy is to balance our legitimate business requirements in collecting and using information with the reasonable expectation of privacy and security which may be held by those providing such information.

Data Collection

It is necessary for us to collect and store information to provide requested member and customer communication and related services and for billing purposes. Many state and federal laws require the collection and retention of some or all of such information for a determinate period of time. At EBA we collect data via four methods: membership registration, event activities, vendor partnerships, and purchases.

Membership and Account Holder Information

We collect key information from our members to provide valuable member services and for operational effectiveness. Members provide data directly when creating an EBA account and can update preferences via the web portal. We collect additional data upon engagement with our website using cookie based technology.

We specifically collect these types of data:

    Name and contact data. We collect your first and last name, phone number, address, email address, and other related data.

    Demographic data. We collect data about you such as your gender, location, and country.

    Payment data. We collect data necessary to process your payment if you make purchases (such as a credit card number).

    Credentials. We collect passwords, password hints, and similar security information used for authentication of accounts.

    Session Tracking. At times we record user sessions on our website to identify how we can provide better features and services.

    Contact Logs. Any communication or contact with EBA members is tracked in contact logs as well as additional engagement data (clock hours, conference attendance, purchases, etc.).

 

Event Information

At times, EBA receives and collects personal information through informal methods such as business cards, sign up lists, and event registration. In these cases, we only use this information to provide member services and stated purposes outlined upon collection. Marketing, advertisements, and solicitations will not be sent unless explicitly outlined and agreed to in this data privacy statement.

Vendor Partnerships

We partner with third-party vendors who provide additional services such as learning management systems, speaker contracting, surveys, and job boards. These partners may maintain member data specific to their provided service. All vendors are vetted to ensure they have proper data privacy and security procedures.

For the complete list of EBA's third-party partners contact eba@envirobank.org.

Purchased Data

We purchase data from vetted vendors. To ensure above board practices, we vet each vendor to ensure compliant data collection, security, and use policies and processes. All purchased data collection and use will follow the guidelines stated in this policy and the terms specified by the vendor.

Data Privacy Options

You have choices about the data we collect. When you are asked to provide personal data, you may opt out. However, please note certain contact information is required for EBA membership.

To update your data or change preferences simply navigate to the "Member Settings" section of the EBA website.

To request anonymization or deletion of your data, please send a request to eba@envirobank.org. EBA will ensure the request is fulfilled within 30 days excluding the extent EBA is required by law to retain some or all the member data.

Security

The security of data is very important to us and we are committed to protecting the information we collect. We collect information only in a manner deemed reasonably necessary to serve our legitimate business purposes and comply with our legal obligations. We use commercially reasonable efforts to make our collection of information consistent with all applicable laws and regulations. We exercise care in providing secure transmission and storage of information. Unfortunately, no data transmission or storage is 100% secure. We cannot warrant that all data we transmit, store and collect will be completely secure. We take commercially reasonable efforts to create and maintain firewalls, restricted access and secure socket layers, and other appropriate safeguards to ensure that, to the extent we control information, it is used only as authorized by us and consistent with this Policy, and that information is not improperly altered or destroyed. In addition, within EBA we limit data access to only what is required for a role to complete their responsibilities. Our privacy protection practices help us maintain accurate, timely, complete and relevant information for our business purposes. Our communication system, software and database practices have been designed to aid us in supporting authenticity, integrity and confidentiality.

Data Breach Policy

We want to ensure that your identity and data stays secure; therefore, if an incident does occur, and for incidents that occur at our third-party vendors, we will promptly inform affected individuals as may be required by law or our policies.

Data Use

We may use your information to offer goods and services we believe will be of value to members on behalf of EBA, our affiliates and our partners. We may use contact data to inquire or survey about conference experiences, chapter engagement, education opportunities or general membership satisfaction. We may also create and use aggregate information that is not personally identifiable to understand more about the common profiles and interests of our members and website visitors.

Special Offers and Promotion Options

It is EBA's policy to only communicate with members via channels that have been informed and accepted via this policy and on the online preference page. Members, account holders, and visitors are given the opportunity to alter communication preferences via the membership account portal.

All communications will provide the opportunity to opt-out of future similar communications.

 

 

Vendor Partners

EBA shares personal data with vendors working on our behalf for the purposes described in this statement. For example, vendors securing our systems and services may need access to personal data to provide those functions. In such cases, these companies must abide by the EBA Data Privacy Policy and are contractually prohibited from using personal data they obtain for any other purpose.

Third-Party Offers

Members can opt in for a wider range of services and products through advertising and marketing. Our partners are subject to EBA's data policy guidelines and members will only receive the information for which explicit permission has been granted.

Event Coordination and Third-Party Offers

Individuals may be required to agree to EBA's data privacy policy when registering for EBA events. Third-parties may be given event attendee information for event coordination and offers related to the event.

Cookies

Our website utilizes "cookie" technology. "Cookies" are encrypted strings of text that a Web site stores on a user's computer. Our Web site uses cookies throughout the online process to maximize website performance. In addition, cookies are used to:

    Measure usage of various pages on our website to help us make our information more pertinent to your needs and easy for you to access;

    Provide functionality such as online registration and other functionality that we believe would be of interest and value to you; and

    Serve advertisements and business opportunities to users, and allow select partners of EBA, to serve online advertisements through remarketing and programmatic channels also known as behavioral advertising.

The two types of cookies that we use are referred to as "session" cookies and "persistent" cookies. Session cookies are temporary and are automatically deleted once you leave our website. Persistent cookies remain on your computer hard drive until you delete them. We do not use cookies to gather any personally identifiable information about you apart from what you voluntarily provide us in your dealings with us. Our cookies do not corrupt or damage your computer, programs or computer files.

Upon arrival to www.envirobank.org, a cookie policy notification and acceptance will be presented. Website users may set browser preferences to block cookies (consult browser provider for specific instructions or choose to allow EBA to use cookies on your machine by accepting cookie policy or continuing to use the website.) Disabling cookies will adversely affect your ability to perform certain transactions, use certain functionality, and access certain content on our website.

Compliance with Law

We may disclose Member Information to law enforcement agencies, or may be required to disclose it during the discovery process in litigation, pursuant to a court order, or in compliance with any applicable law, regulation, rule or ordinance.

Chapters/Affiliated Sites/Links

EBA provides members with various URL links that may be beneficial or of interest to our membership. Many of these sites are owned and operated by independent companies and organizations that are neither owned nor controlled by EBA. Each URL or link may collect information and use such information for its own purposes. EBA does not control the use or access of such information collected by these sites. EBA is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other material on or available from such sites.

Questions or Comments

Any questions or comments that relate to the EBA Privacy Protection Policy may be directed to us at EBA, Data Privacy Executive, 2900 Delk Road, Suite 700, PMB 321, Marietta, GA  30067, and eba@envirobank.org.

Copyright and Trademark Notices

All contents of this website are protected by United States and International Copyright and Trademark law. Any unauthorized use is strictly prohibited and may subject a violator to civil and criminal penalties. All rights reserved.

Privacy Protection Policy Changes

In the future, we may need to change this Policy. EBA reserves the right to modify this Data Privacy Policy at any time without prior notice. All changes will be included on this Website so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. This Policy was last updated on May 13, 2019.

 

 

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EBA Website Terms of Service

1. SCOPE OF AGREEMENT

This Terms of Use Agreement ("Agreement") by and between Environmental Bankers Association ("we", "us", "our" or “EBA”) and you ("you," ”your" or “Releasor”) governs your use of the ENVIROBANK.ORG web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Services in any manner.

When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other EBA owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation, our Privacy Policy at www.envirobank.org/about/privacy, constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Services.

We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes by posting the changes on the Site. Changes will take effect once we notify you ("effective date"). You can always obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services.

2. INFORMATION AND PASSWORDS

You may be required to provide us with certain information in order to obtain access to and use of certain features and functions of the Services, including, without limitation, your name or your company's name, member number, address, telephone number(s), e-mail address, and/or applicable payment data for orders placed for goods and services via the Services (e.g., credit card number, e-mail address, and expiration date) (collectively, your "Information"). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable.

Certain features and functions of the Services are not generally available to the public. In order to access and use such features and functions, we may require you to enter a unique userID and password. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your userID, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances.

You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.

3. ACCESS TO AND USE OF THE SERVICES

You may not use, or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.

You also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Services, or anyone else; (c) collect or attempt to collect any information from others, including, without limitation, personally identifiable information, without such party's prior written consent. You agree to comply with all local, state, and federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Services.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Services or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including, without limitation, promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4. INTERACTIVE SERVICES

In connection with your use of the Services, you may have access to and use of discussion groups, chat rooms, bulletin boards and other interactive functionality ("Interactive Services"). If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. If you choose to transmit any Content using such Interactive Services, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the Content you may transmit using these Interactive Services. We make no representation that your use of the Interactive Services will comply with applicable laws or that the Interactive Services were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of such Content.

Although we do not actively monitor, regulate or pre-screen your use of the Services, we reserve the unconditional right (but not the obligation) to remove, move or edit any Content we consider harmful, offensive, disruptive, or in violation of law, regulation or any agreement, including, without limitation, which is or may be in violation of this Agreement. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.

You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit via the Interactive Services by all means and in any media now known or hereafter developed, for any use or purpose.

5. EBA: Terms and Agreement

Releasor understands that any such testimonial and photographs shall be the property of Environmental Bankers Association (EBA) and may be used, or caused to be used by EBA or those authorized by EBA, in EBA’s sole discretion, for any and all exhibitions, public displays, publications, commercial art, advertising, or trade, in any format and for any other lawful purpose whatsoever, without any limitation or reservations, and without any compensation to Releasor. Releasor hereby waives any right that Releasor may have to inspect and/or approve the finished product or advertising copy that may be used in connection therewith or the use to which it may be applied. Releasor further releases, discharges, and agrees to indemnify, defend, and hold harmless EBA from and against any injuries, harm, damages, costs, expenses, losses, liabilities, lawsuits, actions, claims, and/or demands of any kind whatsoever, including attorneys’ fees and court costs, arising out of any lawful use of such testimonial.

6. INTELLECTUAL PROPERTY

The items displayed or otherwise made available via the Services (directly or indirectly), including, without limitation, all text, graphics, images, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same (the "Material"), excluding the Content you upload, post or otherwise transmit via Interactive Services, is owned by or licensed to us or our third party partners. You have no rights in or to such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless otherwise specifically set forth on the Site or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. You may not do or allow anyone else to do anything with the Material which is not specifically permitted under this Agreement. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and, unless otherwise specifically specified on the Site, should not be construed as an endorsement by or representation of the opinions of EBA. We do not give legal advice. Your reliance upon Material obtained by you on or through the Services is solely at your own risk. EBA NEITHER WARRANTS OR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

7. COPYRIGHT COMPLAINTS

EBA respects the intellectual property rights of others and EBA may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide EBA’s copyright agent with the information specified below. Please note that this procedure is exclusively for notifying EBA that your copyrighted material has been infringed.

    An electronic or physical signature of the owner of the copyright interest or the person authorized to act on behalf of the owner of the copyright interest;

    A description of the copyrighted work that you claim has been infringed upon;

    A description of where the material that you claim is infringing is located on the Site;

    Your address, telephone number, and e-mail address;

    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

EBA’s Copyright Agent for notice of claims of copyright infringement can be reached via email as follows: eba@envirobank.org

8. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services made available on or through any such site or resource.

9. DISCLAIMER OF WARRANTY

THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS TO AND USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EBA, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT MPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY USE IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

11. INDEMNIFICATION

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

12. TERMINATION

We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

13. GOVERNING LAW AND INTERPRETATION

This Agreement and your use of the Services, will be interpreted under and governed by the substantive laws of the state of Georgia, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with EBA or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the state of Georgia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by an authorized officer of EBA. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

COPYRIGHT INFORMATION

All content appearing on this web site is the property of Environmental Bankers Association, 2900 Delk Road, Suite 700, PMB 321, Marietta, GA  30067. Copyright © 2019. All rights reserved.

 

 

 

 

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