TBA Cyber Benchmarking Study Terms of Service

Posted: April 5, 2019 | Effective: April 5, 2019

Thank you for participating in the Texas Bankers Association Cyber Benchmarking Study (“Study”). Cybernance Corporation is an affiliate member of the Texas Bankers Association. Cybernance is partnering with TBA to deliver this free service to its bank members. These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services“).

Your Data

When you use our Services, you will upload a copy of your data (“Your Data“) for use in the Study. Your Data will remain yours. We will need your permission to use Your Data for anything beyond using it in the Study.

You hereby give Cybernance Corporation permission to share Your Data with Texas Bankers Association for the sole purpose of completing the Study. You give Cybernance the right to create and store a copy of Your Data in a de-identified form that keeps it anonymous. This de-identified copy may be used by Cybernance and kept in perpetuity to combine with other data to create data analytics for commercial use. Cybernance is responsible for keeping Your Data anonymous and deleting all copies that are not de-identified upon termination of the study.

Our Services

Cybernance Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Cybernance trademarks, logos, and other brand features. We welcome feedback. Please note that we may use comments or suggestions without any obligation to you.

Termination

You are free to stop participating in the Study and using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if you are using the Services in a manner that would cause a real risk of harm or loss to us or other users.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS INCLUDES ANY LIABILITY FOR CYBERNANCE’S OR ITS AFFILIATES’, FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT CYBERNANCE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

Resolving Disputes

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Cybernance, you agree to try to resolve the dispute informally by contacting bob.barker@Cybernance.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Cybernance may bring a formal proceeding.

We Both Agree To Arbitrate. You and Cybernance agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Austin, Texas.

Controlling Law

The laws of the State of Texas govern the Terms of Agreement.

Entire Agreement

These Terms constitute the entire agreement between you and Cybernance with respect to the subject matter of these Terms, and they supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

These Terms create no third-party beneficiary rights.