Terms and Conditions

Terms & Conditions

Please read this agreement carefully before accessing or using this website. By accessing or using the IBA Compliance Connection website at GoToIBA.com (the “Website”), you agree to be bound by the terms of use below (the “Agreement”). If you do not wish to be bound by the Agreement, you should not access or use the Website.

General Disclaimer

Any information on the Website or on any site to which it links (the “Linked Sites”) is intended for informational purposes only and is not intended to be legal advice. The Illinois Bankers Association (“IBA”) makes no representation, warranty or guarantee concerning the accuracy or reliability of any content on the Website or on Linked Sites. Users of the Website should consult with their own legal counsel with respect to any individual situation that involves a topic addressed on the Website, the application of any statement made on the Website to the user’s specific circumstances, or any question relating to the user’s business affairs that may be raised by using the Website.

Access and Use

The IBA is providing the Website and the information on the Website as a service to IBA Voting Members, as defined in the IBA By-Laws. The Website is provided by the IBA solely and exclusively for the use of employees of IBA Voting Members. By accessing or using the Website, you hereby represent and warrant to the IBA that you are an employee in good standing of an IBA Voting Member. Your access and use of the Website is subject to the terms, obligations and restrictions regarding the access and use of the Website as set forth in this Agreement.

Limited License

This Agreement provides to you a limited, non-exclusive, royalty-free, non-transferable, revocable license to access and use the Website, including any page or portion of a page of the Website made accessible to you under this Agreement that you copy, print, download or store in any medium, provided that such copied, printed, downloaded or stored page or portion of a page includes all copyright and other applicable notices.

Copyright

You may not use, copy, print, store, reproduce, publish, broadcast, transmit, transfer, distribute, display, mirror, frame, rent, lease, sell, modify, alter, license, sublicense, private label, commercially exploit or otherwise use any content provided by the IBA on the Website in any manner not expressly permitted by this Agreement.

Prohibited Activities

You may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any content on the Website through any means not purposely made available through the Website, (ii) attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any other user, or any other systems or networks connected to the Website, or to any server or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, (iv) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or on the IBA’s systems or networks or any systems or networks connected to the Website, (vi) use any device, software or routine that interferes with the proper working of the Website or any transaction conducted on the Website, or with any other person’s use of the Website, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the IBA on or through the Website, (viii) use the Website to harvest or collect email addresses or other contact information, (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof), or (x) use the Website in an unlawful manner or in a manner that could damage, disparage or otherwise adversely affect the IBA.

In order to ensure compliance with the copyright restrictions of this Agreement, you agree to limit the printing of content from the Website to ten pages per day. A violation of this term may result in the immediate termination of your account. The IBA will monitor users’ use of the Website to ensure compliance with this term.

Linked Sites

The Linked Sites on the Website are not under the control of the IBA, and the IBA is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The IBA is not responsible for webcasting or any other form of transmission received from any Linked Site. The IBA is providing Linked Sites to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by the IBA of the Linked Site or any association with its operators.

Disclaimer of Warranties

The IBA makes every effort to keep the Website available at all times. However, loss of Internet connectivity or failures of hardware or software still may occur. The Website and all related content, materials and software are provided “as is” and “as available,” and the IBA disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The IBA does not represent or warrant that content, materials and software on the Website are accurate, complete, reliable, current or error-free, or that the Website, its servers, or any platform applications are free of viruses, trojans or other harmful components. You should exercise caution in the use and downloading of any content, materials or software from the Website, and use industry recognized software to detect and disinfect viruses, trojans and other harmful components.

Personal Login Information

Many features and areas of the Website are made accessible only with registration and proper login. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain its confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you, and you may not allow any other person or entity to use it under any circumstances. The IBA is not liable for any harm caused by or related to the theft, misappropriation, disclosure or unauthorized use of your Personal Login Information. If you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, you will immediately contact the IBA at (800) 783-2265 or [email protected].

Forum Postings

  1. Postings may not be libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, inflammatory or disruptive, nor may they provide grounds for civil or criminal liability. No personal attack, harassment or demonization of a particular individual or organization is allowed.
  2. Postings may not advocate or glorify illegal activity.
  3. Postings may not advocate the election or defeat of any political candidate, nor request contributions for political candidates, nor solicit attendance at partisan political events.
  4. Postings may not include recommendations or sales pitches of any product or service.
  5. Postings may not be chain letters or spam.
  6. Postings may not violate or infringe copyright, trademark, trade secret, privacy, personal publicity or proprietary rights. Upon receipt of proper notification of an alleged infringement of any of the foregoing rights, the IBA will promptly remove or disable access to the allegedly infringing material and will terminate the account of a repeat infringer. If you believe that any material on the Website infringes any rights which you own or control, you will send us written notification of such infringement.
  7. Postings may not involve information that could give rise to a claim for a violation of the antitrust laws. Specifically, and without limitation, postings may not involve any discussion that may be construed as an attempt to do the following:
    • Raise, lower or stabilize prices.
    • Allocate markets, territories, or product lines.
    • Prevent any person or business entity from gaining access to any market.
    • Prevent or boycott any person or business entity from obtaining products or services freely in the market.
    • Foster unfair trade practices.
    • Assist in monopolization or attempts to monopolize.
    • Complain or disparage individual firms or persons, or other actions that might tend to hinder a competitor in any market.
    • In any way violate applicable federal or state antitrust laws and trade regulations.
    • Engage in any other unreasonable limitation on competition.
  8. Postings shall not include legal advice or statements that might be reasonably considered to be legal advice.
  9. Postings must relate to the purpose of the Website.
  10. Users posting content grant to the IBA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose, commercial or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. The IBA does not assert any ownership over the content of your postings; rather, subject to the rights granted to the IBA in this Agreement, you retain full ownership of all content and any intellectual property rights or other proprietary rights associated with the content of your posting.
  11. The IBA does not endorse and hereby disclaims any and all liability arising in any manner from any posting on the Website. The IBA is not responsible for any material added to the Website by users, including any content or material that is illegal or that could lead to criminal or civil liability. The IBA is not responsible for any loss or damage resulting directly or indirectly from your use of the Website.
  12. The IBA reserves the right to remove any content or materials from the Website. The IBA is the sole and final judge and enforcer of the Website’s forum postings policies.

Privacy

By using the Website, you agree, without limitation or qualification, to be bound by the Website Privacy Policy. The Website may place a software tag called a “cookie” when you log in to identify you as a user when you visit the Website. Cookies are used to identify returning visitors, so that you may not need to re-enter your Personal Login Information each time you visit the Website, and they also are used to allow entrance into the Members Only sections of the Website. This information also is intended to ensure user compliance with copyright restrictions and to provide website security.

Children’s Privacy Policy

The Website is not structured to attract children. Accordingly, the IBA does not intend to collect personal information from anyone known to the IBA to be under 13 years of age.

Information Security

All information gathered on the Website is stored and maintained in secure facilities that limit access to authorized personnel. The IBA makes every effort to utilize the latest in security features and patches available for securing data. However, the IBA makes no representations or warranties as to the security of any information that it collects and stores.

Amendments

This Agreement is subject to modification or amendment by the IBA at any time.