Disclaimers, Releases, and Limitations on Liability
DISCLAIMERS, RELEASES, AND LIMITATIONS ON LIABILITY
YOU USE THE SITE, MATERIALS AND APPLICATION PROGRAMMING INTERFACE AT YOUR SOLE RISK. GLOBAL BANK PROVIDES THE SITE, MATERIALS, AND APPLICATION PROGRAMMING INTERFACES" AS IS" AND "AS AVAILABLE". GLOBAL BANK EXPRESSLY DISCLAIMS TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, MATERIALS, AND APPLICATION PROGRAMMING INTERFACES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, MATERIALS, OR APPLICATION PROGRAMMING INTERFACE. NEITHER THE GLOBAL BANK RISK REDUCTION AND RECONSTRUCTION FUND – AN UMBRELLA TRUST FUND, GLOBAL BANK, OR ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP MAKE ANY WARRANTY THAT (1) THE SITE, MATERIALS, OR APPLICATION PROGRAMMING INTERFACES WILL MEET YOUR REQUIREMENTS; (2) THE SITE, MATERIALS OR APPLICATION PROGRAMMING INTERFACES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OF THE SITE, MATERIALS, OR APPLICATION PROGRAMMING INTERFACES WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (5) THE SITE, ITS SERVERS, THE MATERIALS, OR APPLICATION PROGRAMMING INTERFACES, OR COMMUNICATIONS SENT FROM THE GLOBAL BANK RISK REDUCTION AND RECONSTRUCTION FUND – AN UMBRELLA TRUST FUND, GLOBAL BANK GROUP OR GLOBAL BANK WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION OBTAINED BY YOU FROM THE GLOBAL BANK RISK REDUCTION AND RECONSTRUCTION FUND – AN UMBRELLA TRUST FUND, GLOBAL BANK GROUP OR GLOBAL BANK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Global Bank may or may not review Materials that you Post, but it shall have the right (but not the obligation) in its sole discretion to review, reject, or remove any and all Materials at any time for any or no reason whatsoever with or without notice to you.
Global Bank reserves the right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of this Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.
Under no circumstances, including, but not limited to, negligence, shall Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP, or any other content provider, be liable for any direct, indirect, incidental, special, EXEMPLARY, or consequential damages, even if Global Bank has been advised of the possibility of such damages.
You specifically acknowledge and agree not to hold Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP liable for claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User. You also agree to waive any unknown claim pursuant to California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province, or local law or regulation that may govern this release, which statute, regulation, law, or principle provides in substance language similar to California Civil Code § 1542.
This Site may contain advice, opinions, and statements of various content providers. Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information provided by any content provider, or any User of this site, or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. The Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP shall not be liable to you or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting therefrom.
As a condition of use of this Site, you agree to indemnify the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank and other members of the Global Bank Group from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in defense of any such claim. The Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP reserves the right, at their 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 matter without the written consent of Global Bank.
Other parties may have ownership interests in some of the Materials contained on the Site. Neither the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund nor Global Bank in no way represents or warrants that it owns or controls all rights in all Materials, and neither the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund or Global Bank will be liable to you for any claims brought against you by third parties in connection with your use of any Materials.
Nothing in this Site or any Materials shall be construed, implicitly or explicitly, as containing any investment recommendations. Global Bank is not registered under the U.S. Investment Advisers Act of 1940. Accordingly, nothing in such Site, or in such Materials, constitutes an offer of or an invitation by or on behalf of Global Bank to purchase or sell any shares or securities, nor should it be considered as investment advice.
This Site may contain links to third-party websites. The linked sites are not under the control of Global Bank, which is not responsible for the contents of any linked site or any link contained in a linked site. The Global Bank does not endorse the linked to sites.
You acknowledge that these Terms and Conditions constitute a non-exclusive agreement. Global Bank may develop products or services that compete with products or services that you offer without incurring any liability.
Governing Law
Any dispute between the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP and you arising out of, or in connection with, the Site or your use of the Site which cannot be amicably settled between the parties to such dispute shall be arbitrated in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by one arbitrator appointed in accordance with those rules. The arbitration shall take place in Orange County California, USA. Any resulting arbitration decision shall be final and binding on both parties. Judgment upon any arbitration award in favor of the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund, Global Bank, and/or ANY ENTITY THAT IS A MEMBER OF THE GLOBAL BANK GROUP may be entered in any court having jurisdiction thereof. Global Bank Terms and Conditions and the relationship between you and Global Bank shall be governed by the laws of the Orange County California, USA as an agreement wholly performed therein without regard to its conflict of law provisions.
Preservation of Immunities
Nothing herein shall constitute or be considered to be a limitation upon or a waiver of the privileges and immunities of the Bank for International Development and Reconstruction or of any Global Bank Group entity, which are specifically reserved.
Miscellaneous
These Terms and Conditions may be amended by Global Bank from time to time at our sole discretion. Upon amendment, we will place a notice on our homepage. Please periodically review the controlling version of these Terms and Conditions. By continuing to use the Site subsequent to Global Bank making available an amended version of these Terms and Conditions, you hereby acknowledge, agree, and consent to such amendment.
These Terms and Conditions include Global Bank Privacy Policy, available at http://global-bank.org/legal/privacy-policy, which is hereby incorporated by reference.
The failure of Global Bank to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by Global Bank of any provision of this Agreement shall be binding except as set forth in writing and signed by its duly authorized representative.
These Terms and Conditions are fully assignable by Global Bank and will be binding upon and inure to the benefit of our successors and assigns.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms and Conditions. You agree not make any public statements that assert or imply any relationship with the Global Bank Disaster Risk Reduction and Reconstruction Fund – An Umbrella Trust Fund and/or Global Bank unless you have Global Bank's prior written approval.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
Global Bank reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.
The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.