Last updated and effective September 03 2024.

These Terms of Service (“Terms”) govern your use of any website, mobile/tablet application, newsletter, text list or other service (collectively, the “Services”) offered by DataBanks (collectively “we” or “DataBanks”). Review these Terms carefully before using the Services. By using any of the Services, you accept these Terms.

Changes. 

From time to time we may change, update or modify these Terms. If you continue to use the Services after we change the Terms, you accept all changes.

Privacy Policy.

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and your consent to our use of data in compliance with the Privacy Policy.

Eligibility. 

By registering for or using any Services, or for any features of the Services, you represent that you comply with applicable restrictions including any age, geographic or other eligibility requirements specified on the Services .

Additional Terms. 

Additional terms may apply to your use of the Services. We will provide these additional terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Some Services will utilize software provided by a third party, who will require that users be bound by its own terms of service and/or privacy policy (“Third Party Policies”). Third Party Policies are a separate agreement between the user and such third party. In the event of any conflict between the Third Party Policies and these Terms, these Terms will govern the Services provided by DataBanks and the Third Party will govern any services provided by third parties and any dispute between a user and that third party regarding third party services.

Prohibited Use.

Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of DataBanks or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Services. You further agree that you shall not alter, delete, or otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, changes or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Prohibited User Conduct. 

You warrant and agree that, while using the Services you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Services’ content, materials or components (for example, without limitation, in an RSS feed or newsletter received from DataBanks or otherwise through the Services), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Services.

You agree not to:

  1. Use methods like spidering, screen scraping, database scraping, or any automated means to collect email addresses, wireless addresses, or other personal or contact information from the Services or any third-party services connected to them. This includes accessing any information stored on servers or databases linked to the Services.
  2. Gain or attempt to gain unauthorized access to computer systems, materials, or information through any means.
  3. Disrupt, damage, disable, overload, or impair the Services or their components, including but not limited to sending mass unsolicited messages or flooding servers with requests.
  4. Violate the intellectual property or other proprietary rights of DataBanks or any third party while using the Services.
  5. Use the Services in any way that breaches applicable laws.

Additionally, you agree not to:

Obtain materials or information through any means that are not intentionally made public or provided through the Services.

Attempt to bypass, reverse engineer, decrypt, or otherwise alter or interfere with the Services or their content, or make any unauthorized use of them.

Use the Services in any way that could damage, disable, overload, or impair the Services or any of their components, or disrupt other users’ experience.

Third-Party Content. 

DataBanks provides third-party content or links to third-party websites on the Services. DataBanks does not necessarily endorse or evaluate third-party content and websites, and DataBanks does not assume responsibility for third parties’ actions or omissions. You should review the applicable Third Party Policies before you use their services.

Governing Law, Venue, and Jurisdiction.

These Terms and any claims related to your use of the Services will be governed by the laws of the state of California, without regard to its conflict of law rules. For any disputes or claims not subject to arbitration (as outlined below), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Tuolumne County, California. Notwithstanding any other provisions of these Terms, we reserve the right to seek injunctive or other equitable relief from any court with proper jurisdiction. Regardless of any contrary statutes or laws, you must file any claims or actions related to the Services or these Terms within one year of when the claim or action arose, or you will forfeit your right to do so.

Images and Marks

DataBanks prohibits the downloading, republication, retransmission, reproduction, or any other use of materials owned or licensed by DataBanks and published on any Service. The trademarks, logos, service marks, and trade names (collectively, “Marks”) displayed on the Services or through content available via the Services are either registered or unregistered trademarks or service marks of DataBanks or third parties. All Marks not owned by DataBanks that appear on or through the Services are the property of their respective owners. Nothing on the Services grants, by implication or otherwise, any license or right to use any Marks displayed on or via the Services without the written permission of DataBanks or the third party owning the Marks. Unauthorized use of these Marks is strictly prohibited.

Arbitration

We may choose to resolve any disputes or claims related to these Terms or the Services through binding arbitration, following the commercial arbitration rules of the American Arbitration Association. Unless otherwise specified, arbitration hearings will be held in Tuolumne County, California. The arbitrator’s decision will be final and may be entered as a judgment in any competent court.

Termination

DataBanks reserves the right to modify, suspend, or discontinue any aspect of the Services or their components at any time. We may also restrict, suspend, or terminate your access to the Services and/or their components if we believe you are violating our Terms or applicable laws, or for any other reason, with or without notice and liability. Additionally, DataBanks may terminate the services of users who repeatedly infringe intellectual property rights, at our sole discretion and without liability.

Copyright Complaints

If you believe your work has been copied in a way that infringes your copyright, please provide written notification in accordance with the Digital Millennium Copyright Act to our Designated Agent as follows:

  • By Mail: DMCA Designated Agent
    c/o Administrator
    DataBanks
    1257 Sanguinetti Rd. #227
    Sonora, CA 95370
  • By Email: Send your email to info@databanks.com with the subject line “DataBanks Copyright” (only emails with this subject will be reviewed; others will be discarded).

To be effective, your notification must include:

  1. A physical or electronic signature of someone authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work claimed to be infringed, or a representative list of such works if multiple are covered.
  3. Identification of the material claimed to be infringing and information sufficient to locate it.
  4. Contact information for the complaining party, including an address, phone number, and email if available.
  5. A statement that the complaining party believes in good faith that the material’s use is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information provided is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Disclaimers; Limitation of Liability

DataBanks does not warrant that (1) the Services or any of their functions or content will be uninterrupted or error-free; (2) defects will be corrected; (3) the Services or servers hosting them are free of viruses or harmful code; or (4) the Services or information available will remain available. DataBanks disclaims all express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, and title. The Services, including all content, software, and functions, are provided “as is,” “as available,” and “with all faults.”

DataBanks will not be liable for any loss or damages of any kind in connection with the Services or your submission of user material, even if foreseeable or advised of the possibility of such damages. This includes damages caused by negligence or gross negligence, but excludes willful misconduct. Unless specified in writing, we are not liable for such damages.

You acknowledge that any damages resulting from DataBanks’ actions or omissions are not irreparable and do not warrant injunctive or other equitable relief restricting the use of the Services.

You may be waiving rights with respect to unknown or unsuspected claims. Therefore, you agree to waive the benefit of any law, including, where applicable, California Civil Code § 1542, that might otherwise limit your waiver of such claims. Some jurisdictions may not allow limitations on implied warranties or the exclusion of certain damages, so some of these limitations may not apply to you.

Transfer of Information to the United States

The Services are operated in the United States and are intended for users in the USA. If you are located outside the USA, please note that any information you provide will be transferred to and processed in the USA, where data protection laws may be less stringent than those in your country.

Miscellaneous

We may be required by law to notify you of certain events. Such notices will be effective when posted on our sites or sent to you via email. You are responsible for keeping your contact information up-to-date on the Services. If we do not have accurate contact details, we are not responsible for failing to notify you. Failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and DataBanks and supersede all prior agreements related to the subject matter. If any part of these Terms is deemed invalid or unenforceable, that provision will be removed, and the rest of the Terms will remain valid and enforceable.