Terms of Use

GENERAL TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
 
Unauthorized use of EBA 's Websites and systems, including but not limited to unauthorized entry into EBA 's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
 
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
  • hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • overload of system capacities;
  • damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  • interruption (whether partial or total) of power supplies or other utility of service;
  • strike or other stoppage (whether partial or total) of labor;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
  • any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of EBA .
Links to Other Sites
Links to non-EBA Websites are provided solely as pointers to information on topics that may be useful to the Websites, and EBA has no control over the content on such non-EBA Websites. If you choose to link to a Website not controlled by EBA , EBA makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. EBA does not guarantee the authenticity of documents on the Internet. Links to non-EBA sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
 
EBA AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, EBA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND EBA AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING EBA 'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
 
UNDER NO CIRCUMSTANCES WILL EBA BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER EBA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions 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 as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with EBA . The user's access to and use of the .com Website, and the terms of this disclaimer are governed by the laws of the State of Washington.
 
Indemnification & Limits of Liability
LIMITED WARRANTY       
THE LICENSED PRODUCTS AND RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EBA DOES NOT WARRANT THAT THE LICENSED PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE ERROR-FREE. IN NO EVENT SHALL EBA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED PRODUCTS. Although EBA has taken all commercially reasonable steps to provide a secure system, within limitations imposed by network and computer infrastructure, EBA does not guarantee that communication over their network shall be secure from monitoring or tampering, nor that information stored on any computer connected to the network shall be secure from monitoring or tampering. THE USER ACKNOWLEDGES THE RISKS ASSOCIATED WITH PUBLIC ACCESS TO THE INTERNET AND HEREBY RELEASES EBA FROM ANY LIABILITY FOR UNAUTHORIZED THIRD PARTY SECURITY BREACHES OR THE RESULTS THEREOF.
 
LIMITATION OF REMEDIES       
EBA's liability under any provision of this Agreement shall be limited to the amount actually paid by you for EBA products and services.   
 
You agree to indemnify EBA from any and all liabilities that arise from:
-       The disclosure of any unauthorized information to EBA by you
-       Your use of the information provided to you by EBA that may, in any way, prove to be inaccurate, or to be out-of-date as of the date of your use. 
 
EBA and its associates will make a best-efforts attempt to provide you with accurate business data with which to assist you, as you conduct your mortgage-related activities. 
 
You acknowledge that the limits of liability are equal to the total compensation paid for the services received from EBA, except in the case of malicious, intentional damages, or in the case of gross negligence, as proved in litigation.
 
Mutual Obligations of Non-Disclosure of Confidentiality
Your membership entitles you to full confidentiality regarding your credit union or CUSO information, and that of your members. Your membership obligates you to comply with the confidentiality requirements of this site’s Mutual Non-Disclosure Agreement, between you and EBA, and between you and other members of the site community.
 
Suggestions/Feedback
You agree that any suggestions, comments or other feedback you offer to EBA with respect to the website is and will be given entirely voluntarily. EBA shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to it as it sees fit. 
 
GRANT OF LICENSE        
EBA grants to you, a personal, non-exclusive and non-transferable right to Use its member products and services, and any other products delivered by EBA from time to time.
 
RESTRICTIONS ON USE  
You agree that you will not:
-       copy, network or otherwise EBA products or services;
-       use them on more than one computer at any one time;
-       reverse engineer, decompile or disassemble EBA products or services;
-       use EBA products or services in any manner that is not expressly authorized herein; permit third parties to use EBA products or services in any way that would constitute a breach of this Agreement;
-       modify or adapt EBA products;
-       transmit any material that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous or invasive of another's privacy;
-       use EBA products or services to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
-       forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the service;
-       transmit any material that you do not have a right to make available under any law;
-       transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
-       transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam" "chain letter", "pyramid schemes" or any other form of solicitation; transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
-       use the services for excessively high volume data transfers.
 
INTELLECTUAL PROPERTY        
EBA owns all intellectual property rights to its products and services, related written materials, logos, names and other support materials furnished with the products and services. No title to the intellectual property in the products and services, the documentation, magnetic media or any other material provided therewith is transferred to you by this Agreement. EBA is the owner of the trade-marks "EBA" and EBA-derived product and service names on the website and in its marketing materials and contracts. All rights are reserved. All other names, trade-marks and logos that appear in EBA products and services are the property of EBA or third-party providers, where applicable. You may not use any of these names, trade-marks or logos without EBA's prior written permission.
 
TERM
This license shall continue for as long as you are entitled to participate as a member of the website community. However, this license will terminate immediately if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of EBA proprietary materials. The limitation of warranty and remedies set out below shall continue in force even after any termination of this Agreement.
 
LIMITED WARRANTY
THE LICENSED PRODUCTS AND SERVICES AND RELATED MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. EBA DOES NOT WARRANT THAT THE LICENSED PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE ERROR-FREE. IN NO EVENT SHALL EBA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED PRODUCTS AND SERVICES.
 
Although EBA has taken all commercially reasonable steps to provide a secure system, within limitations imposed by network and computer infrastructure, EBA does not guarantee that communication over their network shall be secure from monitoring or tampering, nor that information stored on any computer connected to the network shall be secure from monitoring or tampering. THE USER ACKNOWLEDGES THE RISKS ASSOCIATED WITH ACCESS TO THE INTERNET AND HEREBY RELEASES EBA FROM ANY LIABILITY FOR UNAUTHORIZED THIRD PARTY SECURITY BREACHES OR THE RESULTS THEREOF.
 
LIMITATION OF REMEDIES       
EBA's liability under any provision of this Agreement shall be limited to the amount actually paid by you for its products and services.
 
USE OF PUBLIC INTERNET PROTOCOL ADDRESSES                  
If you have elected to use a public Internet Protocol address you face special risks. With such an address, your computer is directly accessible from the Internet; EBA's firewall is not interposed and is therefore unable to protect you. Your computer may be subject to attacks in which malicious users scan your private data and load destructive programs onto your computer. EBA advises against using a public Internet Protocol address unless your computer is equipped with a personal firewall or Virtual Private Network client. By electing to use a public Internet Protocol address, you assume all risk and hold EBA harmless in the event of any damage you may suffer due to another person monitoring your communications.
 
WIRELESS ACCESS    
If you have elected to use wireless access, such as that based on the IEEE 802.11b standard ("Wi-Fi") you face special risks. Wi-Fi transmissions are broadcast; anyone within range of the signal can monitor other users' communications. Even if you use the WEP encryption technology provided with Wi-Fi, malicious users may be able to decode your communications. EBA advises against using Wi-Fi unless your computer is equipped with a Virtual Private Network client to provide adequate encryption. By electing to use Wi-Fi, you assume all risk and hold us harmless in the event of any damage you may suffer due to another person monitoring your communications.
 
LINKS TO THIRD PARTY SITES  
The Licensed Products may provide you with hyperlinks that direct you to websites operated by parties other than EBA. Such hyperlinks are provided for reference purposes only. As EBA has no control over such sites and the resources therein, you acknowledge and agree that EBA is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials or information on or available from any such sites or resources. You further acknowledge and agree that EBA 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 the use of or reliance on any such content available on or through any such site or resource.
 
VIRUSES     
EBA assumes no responsibility and shall not be liable to you or to any other party for any damages to or viruses that may infect computer equipment or other property on account of access to or use of the Licensed Products.
 
CHANGE OF TERMS        
The terms of this Agreement may be changed at EBA's sole discretion and without notice. Any changes made will not affect the terms of active subscriptions
 
GOVERNING LAW
This license will be governed by the laws in force in the state of Washington. 
 
SEVERABILITY                
Whenever possible, each provision of this Agreement may be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent to such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
 
ENTIRE AGREEMENT                
The terms of this Agreement contain the entire understanding of the parties hereto with regard to the subject matter contained herein or therein, and supersede all prior and contemporaneous agreements or understandings between or among any of the parties, whether written or oral. This Agreement shall not be amended, modified or supplemented except by a written instrument signed by an authorized representative of each of the parties. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, OR IF YOU DESIRE TO CONTACT EBA FOR ANY REASON, PLEASE FEEL FREE TO CALL EBA AT 888-868-5902 (9 AM to 5 PM PACIFIC TIME). BY CLICKING THE SUBSCRIBE (OR "I AGREE") BUTTON OR USING THE LICENSED PRODUCTS YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE EXIT AND DO NOT USE THE LICENSED PRODUCTS.
 

REFUND POLICY WITH GUIDELINES

Your complete satisfaction with our EBA community membership services is our goal at all times. If you are not satisfied with our services, you may cancel your services at any time by emailing us at refund@elliottbayassociates.com. If you have paid for any services in advance, we will refund the full amount of pre-paid services, as of the last day of the month prior to our receipt of your cancellation email.
 
If you would like to cancel by phone, or if you have any questions about cancellations, please call us at 888.868.5902, and we’ll resolve your cancellation immediately. In order to cancel any service, you must provide:
  • Credit Union Name
  • Last 4 digits of credit card used to pay for the service
  • User Name
  • Level of Service you are cancelling
All EBA Consulting and Outsourced Services are quoted on a custom basis, and are not covered by a separate refund policy.
 

EBA MUTUAL NONDISCLOSURE AGREEMENT 

 
1.   BUSINESS PURPOSE: In order to support the mutual benefits of the parties, the parties recognize that there is a need to disclose to one another certain confidential information from and about each party to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure.
 
2.    CONSIDERATION: In consideration of each party's disclosure of such information, the parties agree to be bound by the terms of this NDA.
 
3.    INFORMATION COVERED: This NDA will apply to all information disclosed by each party to the other party, including, but not limited to, (a) any information identified on Exhibits, if attached hereto; (b) any information, regardless of form, proprietary to or maintained in confidence by either party, including, without limitation, any information, technical data or know-how relating to discoveries, ideas, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, systems, models, data, source code, object code, documentation, diagrams, flow charts, research, development, business plans or opportunities, business strategies, marketing plans or opportunities, marketing strategies, future projects or products, projects or products under consideration, procedures, and information related to finances, costs, prices, suppliers, vendors, customers and employees which is disclosed by either party or on its behalf whether directly or indirectly, in writing, orally or by drawings or inspection of equipment or software, to the other party or any of its employees or agents; and (c) any other information marked as confidential or, if not disclosed in writing, identified as confidential at the time of disclosure and summarized in a written document that is marked confidential and delivered within thirty (30) days after the date of the disclosure (“Confidential Information”).
 
4.    OBLIGATIONS: The receiving parties (“Recipient”) agree that (a) they will treat all Confidential Information of the other parties with the same degree of care as such Recipient accords to its own Confidential Information, but in no case less than reasonable care; (b) it will not use, disseminate, or in any way disclose any Confidential Information of the disclosing parties (“Discloser”), except to the extent necessary for internal evaluations in connection with negotiations, discussions, and consultations with Discloser, and for any other purpose Discloser may hereafter authorize; and (c) it will deliver to Discloser, in accordance with any request from Discloser, all tangible embodiments of the Confidential Information including copies, notes, packages, pictures, diagrams, computer memory media, and all other materials containing any portion of the Confidential Information. In particular, the parties understand that each other’s Confidential Information may be considered material, non-public information under U.S. federal and state laws.
 
5.    TERM; PERIOD OF CONFIDENCE: This NDA is effective as of the earlier of (a) the date of receipt, verbal, written, in printed or digital form, of any information pertaining specifically to the Business Purpose which was provided by either party to the other or (b) the Effective Date indicated above. It shall terminate on the earlier of (a) the date on which either party receives from the other written notice that subsequent communications shall not be governed by this NDA; or (b) the date upon which an NDA will be executed by both parties as executives of a company which they intend to form. Recipient’s duty to protect the Confidential Information disclosed under this NDA shall expire three (3) years after the date of termination of this NDA.
 
6.    INFORMATION NOT COVERED: Recipient will have no obligation with respect to any portion of the Confidential Information which (a) is now, or hereafter becomes, through no act or failure to act on the part of Recipient, generally known or available to the public; (b) is information which Recipient can document was independently developed by Recipient without reference to Confidential Information received hereunder; or (c) is disclosed with the prior written consent of Discloser. Recipient may disclose Confidential Information pursuant to the requirements of a governmental agency or operation of law, provided that it gives Discloser reasonable advance notice sufficient to contest such requirement of disclosure.
 
7.    NOT A PURCHASE OR INVESTMENT CONTRACT: Nothing contained in this NDA shall be construed to obligate in any way either of the principal parties to purchase or sell any goods or services or enter into any investment or lending contract, or into any transaction whatsoever.
 
8.    NO LICENSE GRANTED: Nothing in this NDA shall be construed to imply the grant of any license to Recipient to make, use or sell, or otherwise commercialize any portion of the Confidential Information disclosed by Discloser.
 
9.    WARRANTY EXCLUSION: The parties expressly recognize that Confidential Information is provided “AS IS.” DISCLOSER MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE CONFIDENTIAL INFORMATION, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES.
 
10.INJUNCTIVE RELIEF: Each party acknowledges that the unauthorized disclosure or use of Discloser’s Confidential Information by Recipients would cause irreparable harm and significant injury to Discloser, the degree of which may be difficult to ascertain. Accordingly, each party agrees that Discloser will have the right to obtain an immediate injunction enjoining any breach of this NDA, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.
 
11.COMPLIANCE WITH TECHNOLOGY TRANSFER REGULATIONS: Recipient will not knowingly export or re-export, directly or indirectly through Recipient’s affiliates, licensees, or subsidiaries, any portion of Confidential Information provided hereunder or under any ancillary agreements hereto in violation of any portion of any applicable export rules or regulations.
 
12.ASSIGNMENT: Neither party shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the other party.
 
13.CHOICE OF LAW: This NDA will be construed, interpreted, and applied in accordance with the laws of the State of Washington (excluding its body of law controlling conflicts of laws).
 
14.NOTICE: Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as listed above or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier. 
 
15.ENTIRE AGREEMENT: This NDA, and Exhibit A, if attached hereto, are the complete and exclusive statement regarding the subject matter of this NDA and supersede all prior agreements, understandings and communications, oral or written, between the parties regarding the subject matter of this NDA, This NDA may only be amended by a statement in writing signed by the parties hereto.
 
16.COUNTERPARTS; FACSIMILE SIGNATURES: This NDA may be signed in counterparts, and delivered by facsimile, and such facsimile counterparts shall be valid and binding on the parties hereto with the same effect as if original signatures had been exchanged.     
 

Contact EBA:

Phone: +1.888.868.5902.
Address: 1100 Dexter Avenue, Suite 100, Seattle, WA 98109