THIS WEBSITE AND RELATED SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE. If you have not reached the age of majority or are not able to enter into legally binding agreements in your country, you may not use this Website unless necessary parental consent has been obtained.
1. Restrictions on Use
All pages within this bocusa.com and any material made available for download, including BOC’s mobile application (collectively the “Website”) are the property of Bank of China Limited, U.S. branches (all such branches, which are located in New York, NY; Queens, NY; Chicago, IL; and Los Angeles, CA; collectively, the "Bank" or “BOC U.S.A.”), and/or its atffiliates. The Website is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of BOC U.S.A. The Website may not be used for your own personal use or for the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
If you use BOC U.S.A.’s Website or systems to access data (including but not limited to customer names, addresses, phone numbers, account numbers, income and credit histories, and social security numbers) related to any account(s) of which you are not the owner or authorized user as reflected in BOC U.S.A.’s systems, you shall indemnify, defend, and hold harmless BOC U.S.A. and all of its direct and indirect subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access.
Unauthorized use of BOC U.S.A.’s Website and systems including but not limited to unauthorized entry into BOC U.S.A.’s systems, misuse of passwords, posting of objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information posted to a site, is strictly prohibited.
By accessing this Website, you agree not to attempt to log on to the Website 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 Website from one of these sanctioned countries may result in restriction and/or termination of your access to the Website.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by BOC U.S.A.
2. Trademark Notice
are trademarks of Bank of China, Limited. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.
3. Warranty Disclaimer
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE. IN ADDITION, BOC U.S.A. WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND YOUR BROWSER OR OTHER SITE-ACCESSING PROGRAM. NOR WILL BOC U.S.A. BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND BOC U.S.A.’S CONTROL. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING BOC U.S.A.’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
BOC U.S.A. AND ITS AFFILIATES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES.
Although BOC U.S.A. attempts to ensure the integrity and accuracy of the Website, it makes no guarantees or warranties whatsoever as to the accuracy, correctness, completeness, reliability, or timeliness of the information contained in this Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. BOC U.S.A shall not be held liable for such inaccuracies or errors. In the event that an inaccuracy or error arises, please inform BOC U.S.A. so that it can be corrected. Information contained on the Website may be changed or updated without notice.
The bocusa.com Website and the bankofchina.com Website contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. In addition, certain portions or pages of this Website are subject to additional disclosures and disclaimers. In the event of a conflict between those disclosures and disclaimers, and these terms and conditions, the additional disclosures and disclaimers will govern for those portions or pages.
4. Confidential and Proprietary Information
Any information or material sent to BOC U.S.A. through the Website will be deemed not to be confidential or proprietary, except as otherwise required by applicable law or regulation.
5. Links or Pointers to Other Sites
BOC U.S.A. makes no representations or warranties whatsoever, either express or implied, about any non-BOC U.S.A. website that you may access though this Website, nor is BOC U.S.A. liable for any content hosted on a non-BOC U.S.A. website. When you access a non-BOC U.S.A. website, it is independent from bocusa.com, and BOC U.S.A. has no control over the content on any other website. BOC U.S.A. does not guarantee the authenticity of documents on the Internet. A hyperlink to a non-BOC U.S.A. website does not mean that BOC U.S.A. endorses or accepts any responsibility for the content, or the use, of the linked site. It is your responsibility to take precautions to ensure that whatever you select for your use or download is free of malicious or suspicious items such as viruses, worms, Trojan horses, and other malware of a destructive nature or contamination.
6. No Unlawful or Prohibited Purpose
As a condition of your use of this Website, you warrant to BOC U.S.A. that you will not use the Website for any purpose that is prohibited by these Terms and Conditions, applicable law or regulation, or the terms of any agreements you may have with BOC U.S.A.
7. 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 BOC U.S.A. The user's access to and use of the bocusa.com Website, and the terms of this disclaimer are governed by the laws of the State of New York.
8. Dispute Resolution Policy
(a) BOC U.S.A. and you agree to arbitrate any and all disputes and claims between us arising out of or relating to this Terms and Conditions, use of the Website, or products, services, or programs you purchase or enroll in via the Website or through mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. This agreement to arbitrate (“Agreement”) is intended to be broadly interpreted and to make all disputes and claims between us subject to binding arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights, trademarks, or other intellectual property shall not be governed by this Agreement. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction. The Agreement otherwise includes, but is not limited to: claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of this Agreement.
You agree that, by entering into this Agreement, you and BOC U.S.A. are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This Agreement shall survive termination of these Terms and Conditions or your relationship with BOC U.S.A. for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). The Notice to BOC U.S.A. should be addressed to: Arbitration Demand, BOC U.S.A., Bank of China, New York Branch, Attn: Legal Office, 1045 Avenue of the Americas, New York, NY 10018 ("Notice Address'')]. The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from BOC U.S.A. ("Demand''). If BOC U.S.A. and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BOC U.S.A. may commence an arbitration proceeding.
(c) After BOC U.S.A. receives Notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The filing fee currently is $200, but is subject to change by the arbitration provider. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the other provisions in these Terms and Conditions. The arbitrator’s decision will be final and binding on the parties. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this Agreement permits class or representative proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provision.
Unless BOC U.S.A. and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your billing or registered address. Case management and other hearings shall be heard via telephone unless otherwise agreed to. Except as otherwise provided for herein, BOC U.S.A. will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse BOC U.S.A. for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
During the arbitration, the amount of any settlement offer made by BOC U.S.A. or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BOC U.S.A. are entitled. The arbitration proceedings shall otherwise remain confidential, except for purposes of seeking court intervention (if necessary).
(d) YOU AND BOC U.S.A. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (d) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (d) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (d) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(e) Notwithstanding any provision in this Agreement to the contrary, we agree that if BOC U.S.A. makes any change to this arbitration provision (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Website, you may reject any such change and require BOC U.S.A. to adhere to the language in this Agreement as written at the time of your enrollment or purchase before a dispute between us arises, by providing notice to BOC U.S.A. at the Notice Address in subsection (b) above.
8. Contact Us
If you have any questions or concerns with these Terms and Conditions or the Website you may contact us by making an inquiry at [email protected].