TERMS OF USE

Effective: 03/05/2024

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE (REFERRED TO HEREIN AS THE “SITE”) WHICH IS PROVIDED BY PONCE BANK. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. BY ACCEPTING THESE TERMS OF USE, YOU ALSO AGREE TO OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR VISIT TO THIS SITE AND WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE BELOW, DO NOT ACCESS THIS SITE.

Content and Information on Loan Terms, Fees, Conditions and Limitations

This Site provides general information about our products and services. We may discontinue or make changes to the information, products, licenses, or services described on this Site at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this Site.

The information provided on this Site does not represent a commitment to lend or to provide any products or services. The information and materials contained in this Site and the terms and conditions of the access to and use of such information and materials are subject to change without notice. Products and services described, as well as, associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services may be offered at all locations.

Copyright and Trademarks

All content used on this Site is property of Ponce Bank. The content on this Site, including but not limited to all music, audio clips, images, icons, text, design, graphics, code, software, logos, expressions, downloads, interfaces, and ideas, is protected by U.S. and worldwide copyright laws and treaty provisions. In addition, the content on this Site is protected by patent and trademark laws, the laws of privacy and publicity, and various communication regulations and statutes. We grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access this Site and view the content therein for your personal, non-commercial use in accordance with these Terms of Use, and not for distribution, resale, sublicensing, time-sharing or service bureau usage. We reserve all rights not expressly granted in the foregoing sentence. Any unauthorized use or other activity by you in violation of these Terms of Use will cause the licenses granted to you by us in this paragraph to terminate immediately and automatically.

Links to Third Party Sites or Content

The Site may contain links to websites controlled or offered by third parties (non-affiliates of Ponce Bank). Ponce Bank hereby disclaims all liability for any other company's website content, products, privacy policies, or security. In the event you choose to use the products and services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of Ponce Bank. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Accessing the Site

The Site is not intended for use by persons under the age of 18 years or for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to this Site during the times you are in a country for which use of this Site is not permitted. You are responsible for compliance with all local laws. By offering information, products, or services via this Site, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is not permitted.

To use our Site, you will need a working connection to the Internet on your computing or mobile device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, this Site may not be available for your use. We attempt to minimize the periods of time during which the Site is unavailable.

You agree not to attempt to log on to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Site from one of these countries may result in your access being restricted and/or terminated.

Your use of this Site is limited to the intended functions of the Site. Unauthorized use of the Site and/or our systems, including but not limited to misuse of any information posted on the Site or unauthorized entry into any of our systems is strictly prohibited. You are prohibited from using this Site in any manner that:

  • Constitutes a commercial use other than for your own use;
  • Accesses data that is not intended for you;
  • Attempts to harvest, collect, gather, or assemble information or data;
  • Invades the privacy of, obtain the identity of, or obtain any personal information about any other user of this Site;
  • Probes, scans, tests, or attempts to exploit any vulnerability of this Site, our network, our security, or authentication measures without proper authorization;
  • Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • Copies, modifies, redistributes, reverse engineers, decompiles, disassembles any aspect of this Site or any content delivered to you via this Site, including, without limitation, any audio or video content delivered via this Site;
  • Sends unsolicited mail, including promotions and/or advertising of products and services;
  • Is unlawful, fraudulent, or deceptive;
  • Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material;
  • Violates these Terms of Use or any other policies or agreements that you enter into with us;
  • Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  • Fails to comply with applicable third-party terms; or
  • Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition, you may not either directly or through the use of any device, software, Internet site, web-based service, or other means:

  • Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content of this Site or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on this Site including geo-filtering mechanisms;
  • Copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the content on this Site (except as expressly permitted by us or under these Terms of Use);
  • Incorporate the content on this Site into, or stream or retransmit the content via any hardware or software application or make it available via frames or in-line links; or
  • Create, recreate, distribute, or advertise an index or any significant portion of the content on this Site.

You are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the content on this Site unless it is expressly permitted by us in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

If you violate any provision of these Terms of Use, we reserve the right to terminate your access to this Site. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to the Site. We may terminate these Terms of Use, the Site, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms of Use, any existing transactions you have entered into with us shall remain in effect.

User Submissions

With respect to any content you submit or make available through or on our Site (other than personal information, which is handled in accordance with the Privacy Policy), you grant us a non-exclusive, perpetual, irrevocable, non-terminable, unrestricted, worldwide, royalty-free license to use, copy, reproduce, distribute, publicly display, publicly perform, transmit, modify, create derivative works, and sublicense such content or any part of such content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without any notice or permission from you or any other person, and without compensation or attribution to you or any other person.

Please retain copies of all content you submit, as we are under no obligation to store or return any such content to you. Your submission of content will not be subject to any obligation of confidentiality, attribution, or otherwise. We are under no obligation to monitor any user-submitted content or use of this Site, but we reserve the right to monitor or moderate user content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any user-submitted content. We reserve the right to discard or remove any user-submitted content from this Site in our sole discretion and without any liability. You acknowledge that you are responsible for any content you may submit through this Site, including the legality, reliability, appropriateness, originality, and copyright of any such content.

Communications

If you submit an e-mail address to us through this Site, we may use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your computing device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately. For security reasons, we may not be able to respond to certain e-mail requests.

Security

Although we use administrative, technical, and physical security measures to protect you when using the Site, the Internet is a public network, and we cannot guarantee that any information transmitted, or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept your information. We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

We reserve the right to take all reasonable measures to detect and prevent fraud. For security purposes, we may view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Site may result in criminal and/or civil prosecution and immediate termination of your right to use the Site.

Warranties, Limitations of Liability, Indemnification

THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE , OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO OR USE OF THIS SITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of this Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our 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 such claim or matter without our written consent.

Enforceability and Governing Law

These Terms of Use constitute a contract between you and Ponce Bank governed by the laws of the state of New York. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Ponce Bank.

The Site is hosted in the United States. If you are accessing this Site from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or a product or service, you may transfer certain personal information to the United States. To the extent permitted by applicable law, your use of the Site or a product or service shall constitute your consent to the transfer of personal information to the United States and the applicability of United States law.

Other Terms and Conditions

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Ponce Bank, with respect to this Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to this Site. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. The headings in these Terms of Use are intended only to help organize these Terms of Use.

Changes to These Terms of Use

You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, changing the features and functionality of the Site. We will notify you electronically of any change to these Terms of Use as required by applicable law. Any such changes shall take effect as soon as they are posted on the Site as indicated by the “Last Updated” date above. Your use of the Site after the date that the changes take effect shall constitute your agreement to be bound by the terms of the change. You should also review these Terms of Use periodically for any changes.

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