Terms of Use

Aquabanq, Inc., on behalf of its parent, affiliates, subsidiaries and subcontractors, (“Aquabanq” or the “Company”) operates the company’s website (“Site”) to provide online access to information about the company and goods offered. By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site, or to particular content or transactions, are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

Aquabanq reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site and Site Materials

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, video clips, downloads, interfaces, code and software, interactive features and other materials, as well as the selection and arrangement thereof, singly or collectively, the “Content”), is the exclusive property of and owned by Aquabanq, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access and print the Content that you see, hear or otherwise experience on the Site to learn about Aquabanq and the goods the Company offers (the “Goods”), provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material. No additional right, title or interest in any Content is transferred to you, whether as a result of accessing or printing such Content or otherwise. Aquabanq reserves complete title and all intellectual property rights in the Content. Except as expressly authorized by this Agreement, you may not use, alter, download, reproduce, upload, license, reverse engineer, copy, distribute, transmit, broadcast, display, sell, license, derive another work from or otherwise exploit any Content obtained from the Site

Any use of Content, or derivative works thereof, for purposes competitive to Aquabanq is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

You agree not to use contact information provided on the Site for unauthorized purposes, including marketing. You further agree not to (i) use any hardware or software intended to damage or interfere with the proper working of the Site, (ii) surreptitiously intercept any system, data or personal information from the Site, or (iii) interrupt or attempt to interrupt the operation of the Site in any way.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Aquabanq or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Aquabanq or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only, provided such Content is not manipulated or changed in any way. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, provided such Content is not manipulated or changed in any way other than attribution, which shall be readily visible thereon, except as otherwise permitted in writing by Aquabanq. You may not manipulate or alter in any way images or other Content on the Site.

3. Accuracy, Completeness and Timeliness of Information on this Site

Aquabanq is not responsible for Content that is not accurate, complete or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on any portion of the Content is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Aquabanq reserves the right to modify the Content at any time, but has no obligation to update any Content.

4. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third-Party Websites

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Aquabanq of the third party, the third-party website, or the information contained therein. Aquabanq is not responsible for the availability of any such websites. Aquabanq is not responsible or liable for any such website or the content thereon, any loss or damage which may be incurred by you as a result of the availability of those websites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any products or other materials on, or available from, such websites. If you use the links to the websites you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

6. Linking to this Site

If you would like to link to the Site, you must follow Aquabanq link guidelines. Unless specifically authorized by Aquabanq, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other website or web page.

7. Downloading Files

Aquabanq cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses, Trojans, malware or other harmful and malicious computer code, files or programs.

8. Software

Any software available for download via the Site is the copyrighted work of Aquabanq and/or its licensors. Use of such software is governed by the terms of the end-user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end-user license agreement.

9. Release

The information on the Site and contained within the Content and the emphasis placed thereon solely reflect the opinion of Aquabanq and is not intended to necessarily address any specific concerns or interests that others may have. Aquabanq does not provide any representation or warranty as to (i) the accuracy or completeness of the Site or any of the Content, (ii) whether access and use of the Site will be uninterrupted, timely, secure or free from error, (iii) any protection from any bugs, viruses, malware, trojans, or the like which may be transmitted to or through the Site; (iv) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Site; and/or (v) whether defects in the operation or functionality of any software on the Site will be corrected. Aquabanq does not warrant or represent that the Site or any Content is sufficient or appropriate for the purposes of any other party and all conditions, warranties, representations, terms and undertakings, express or implied, statutory or otherwise in respect of the Site or the Content for those purposes is hereby excluded.

In consideration for allowing YOU to use the SITE AND THE CONTENT, YOU specifically agree that AQUABANQ shall have no liability for any losses or damages arising from or in any way related to the USE OF THE SITE OR ANY CONTENT incurred by YOU. YOU agree to waive, fully release, DEFEND and hold AQUABANQ harmless from any claims which YOU may have arising in any way from use of THE SITE OR THE CONTENT including but not limited to claims for breach of contract, breach of warranty, strict liability, negligence, and/or negligent misrepresentation. YOU further AGREE TO waive and fully release, DEFEND AND HOLD AQUABANQ HARMLESS from any and all consequential, indirect, special, incidental or punitive damages of any nature, including, but not limited to, loss of profits, loss of revenues, loss of goodwill, in connection with YOUR use of or reliance upon the SITE or any CONTENT regardless how such damages arise (including the negligence of AQUABANQ in the preparation of the SITE OR CONTENT). The benefit of such releases, waivers or limitations of liability shall extend to AQUABANQ and its subsidiaries, affiliates, subcontractors, and the directors, officers, partners, employees, and agents thereof. AQUABANQ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR SOFTWARE PROVIDED BY A THIRD PARTY THROUGH THE SITE.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Aquabanq, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement; (ii) violation of any third party right by you, including, without limitation, any copyright, trademark, patent, property, or privacy right; or (iii) any claim that any Content caused damage to you or any third party you provided such Content.

11. Privacy

Please see Privacy Policy. This should be linked to Privacy

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Some features that may be available on this site require registration. In order to use such features, you agree to register as required and provide true, accurate, current and complete information about yourself.

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you agree to notify Aquabanq immediately. Aquabanq may assume that any communications Aquabanq receives under your password have been made by you unless Aquabanq receives notice otherwise.

You or third parties acting on your behalf are not allowed to use Aquabanq proprietary marks as meta tags, without Aquabanq’s written consent. These marks include, but are not limited to, “Aquabanq” and Aquabanq’s logos. You may not use techniques or technology to enclose any Content or any portion of the Site (commonly known as “framing”) without Aquabanq’s express written consent. Further, you may not utilize any Content in any meta tags or any other “hidden text” techniques or technologies without Aquabanq’s express written consent.

13. General Provisions 

a) Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and replaces all prior agreements or understandings, representations or warranties (if any) between the parties. No waiver by Aquabanq of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.

b) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Aquabanq therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Aquabanq does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c) The validity and effect of these Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of Wyoming without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE AQUABANC.COM WEBSITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF AQUABANQ, MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN WYOMING, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING, YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM.

14. Global Availability

Information Aquabanq publishes on the World Wide Web may contain references or cross references to Aquabanq products and services that are not announced or available in your country. Such references do not imply that Aquabanq intends to announce or make available such products, programs, or services in your country. Please consult your local Aquabanq business contact for information regarding the products, programs and services that may be available to you.

15. Translations

Certain text in this website may be translated from languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Aquabanq makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.

16. Data Room Terms of Service

This section of the Terms of Use governs use of the Aquabanq Data Room (“DR”) by eligible users and shall apply in the event of a conflict between this section of the Terms of Use and other sections.

BY ACCESSING THE DR, YOU ACCEPT ALL THE TERMS AND CONDITIONS IN THE TERMS OF USE AS SUPERCEDED BY THIS SECTION IN THE EVENT OF CONFLICT. If you do not agree to all of these terms and conditions you are not authorized to use the Aquabanq DR.

About Aquabanq DR

The MR provides you with access to various Content, including, but not limited to, news, videos,  images, digital audio sound, financial forecast, market, price, legal information and other Content (collectively, “DR Content”) created and/or owned by Aquabanq or third parties (collectively, “DR Content Providers”). Additional terms and conditions may be included in the listing for each item of DR Content, including in the usage/ rights description (collectively, the “DR Content Listing”). Use of certain third-party sites may also be subject to the terms and conditions and/or privacy policy of the third-party site and you are responsible for reviewing and agreeing to any such additional terms and conditions (the “Third-party Terms”).

Eligibility

Use of the DR is generally limited to Accredit Investors as defined in Rule 501 of Regulation D (Title 17, Chapter II, Part 230, §230.501— GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933). However, Aquabanq reserves the right to grant access to other parties as it determines to be appropriate. If you are using the DR on behalf of a company or other entity, you confirm that you have the legal authority to enter into these Terms of Use on behalf of such organization, and the provisions of these Terms of Use shall apply to all use of the DR Content by such organization. References to a “User” in these Terms of Use shall include such User’s organization. The DR is not directed to anyone under the age of 18, and people under the age of 18 should not use the Site. Aquabanq will not knowingly collect personally identifiable data from anyone under 18.

Permitted Use of DR Content

DR Content is generally available for use free of charge. DR Content selected by a User may not be (A) reproduced either in its entirety or in excerpted form, and (B) disclosed, transmitted, distributed, publicly performed and displayed anywhere in the world without prior written consent of Aquabanq. DR Content that is not available for download may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by Aquabanq, however, MR Content may be archived as part of a mandatory record keeping or archival processes. You may not use any Content (a) in a book, new, magazine or online article; (b) on any website with adult content; (c) for promotion or advertising; and (d) in a way that defames any person, or violates any person’s right of privacy, publicity or moral rights, or infringes upon any copyright, trade name or trademark of any person or entity.

A User’s rights to use the DR and/or the DR Content are limited and non-transferable, and may not be sold, traded or otherwise transferred, except as may be required by law.

Use of the DR Content in any manner other than as expressly permitted above is NOT PERMITTED without the prior written consent of Aquabanq. THE RIGHTS GRANTED TO YOU MAY BE LIMITED BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN ANY CONTENT LISTING, AND IN ANY APPLICABLE THIRD-PARTY TERMS WHICH ARE INCORPORATED INTO THESE TERMS OF USE, SO YOU SHOULD REVIEW THOSE TERMS PRIOR TO USE.

No rights in any DR Content are granted except the limited rights specified in these Terms of Use. Any right, title or interest arising in any compilation or derivative work created using any DR Content shall not entitle you to use any DR Content except as permitted in these Terms of Use. You do not acquire any copyright ownership or equivalent rights in or to any DR Content, any derivative thereof or any other property of Aquabanq or DR Content Providers as a result of any license granted to you in these Terms of Use.

Content Distribution

As a User you are entitled to use the DR Content currently posted on the DR at the time of use in accordance with these Terms of Use, any terms and conditions applicable to any DR Content Listing and any applicable Third Party Terms, however your status as a User does not entitle you to be an DR Content Provider or to distribute your own DR Content through the DR.

Copyright Agent

If you believe that any information or DR Content has been used in a manner not authorized by you and that constitutes copyright infringement, please provide Aquabanq’s Copyright Agent with a written notice that includes the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • a description of where the material that you claim is infringing is located on the MR;
  • your address, telephone number, and e-mail address;
  • a statement by you that has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Aquabanq’s designated agent (DMCA Agent) for notice of copyright infringement can be reached at:

Attn: Media Contact/Corporate Communications

Aquabanq, Inc.
30 N Gould St Ste R
Sheridan, WY 82801
U.S.A.
+1 (307) 257-5377
contact@aquabanq.com

Trademarks

The trademarks and logos displayed on the DR (the “Marks”) are owned by Aquabanq, DR Content Providers or other licensors, and may not be displayed or otherwise used by you without a prior written consent of Aquabanq.

Changes: Discontinuation

Aquabanq reserves the right to change modify, add, or remove portions of these Terms of Use and/or the Privacy Policy at any time and such changes shall be effective upon posting the revised Terms of Use and/or Privacy Policy on the DR and aquabanq.com site. You agree to be responsible for periodically checking these Terms of Use and Privacy Policy for changes. Your continued use of the DR following the posting of changes constitutes your acceptance of those changes. Aquabanq may change, suspend or discontinue any aspect of the DR at any time, without prior notice and without any liability to you.