EasyOFAC
Terms and Conditions, Privacy Policy, API License, and Data Use Policy
Terms and Conditions
Agreement between user and EasyOFAC
Welcome to EasyOFAC. The https://easyofac.com website (the "Site") is comprised of various web pages operated by EasyOFAC ("EasyOFAC"). https://easyofac.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://easyofac.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
EasyOFAC is an OFAC AML Search and Compliance Site
EasyOFAC provides OFAC search services as well as monitoring of customer/vendor lists for the purposes of aiding in OFAC KYC/AML compliance.
Privacy
Your use of https://easyofac.com is subject to EasyOFAC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://easyofac.com or sending emails to EasyOFAC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, as well as any other computer or server with access to your account by either password or API keys. You agree to accept responsibility for all activities that occur under your account, password and API keys. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EasyOFAC is not responsible for third party access to your account that results from theft or misappropriation of your account. EasyOFAC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
EasyOFAC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://easyofac.com only with permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your subscription at any time. Cancellations during the first month of service are subject to a full refund unless more than 50% of one or more of the subscription use thresholds have been met (e.g. API usage and/or entity limit), in which case any refund is limited to a pro-rated amount based on days remaining in the current billing cycle. Any cancellations made after the first full month of service are eligible for a pro-rated refund amount based on days remaining in the current billing cycle.
Links to Third Party Sites/Third Party Services
https://easyofac.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EasyOFAC and EasyOFAC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EasyOFAC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EasyOFAC of the site or any association with its operators.
Certain services made available via https://easyofac.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the https://easyofac.com domain, you hereby acknowledge and consent that EasyOFAC may share such information and data with any third party with whom EasyOFAC has a contractual relationship, to provide the requested product, service or functionality on behalf of https://easyofac.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://easyofac.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EasyOFAC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EasyOFAC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EasyOFAC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EasyOFAC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EasyOFAC or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by EasyOFAC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EasyOFAC Content accessed through https://easyofac.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless EasyOFAC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EasyOFAC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EasyOFAC in asserting any available defenses.
You ("User") acknowledge and agree that EasyOFAC is providing data, services, or products to support User's own processes and decisions, and that no consumer, customer, vendor or supplier of User should be denied service or access based solely on data or results provided by OpenACH or EasyOFAC. User is responsible for any denial of service or access to its consumer, customer, vendor or supplier, and User shall not deny such service or access without first conducting an appropriate review and adjudication process. User agrees to indemnify, defend and hold harmless OpenACH, OpenOFAC, and any third parties for any claim arising from any such denial of service or access.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EASYOFAC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EASYOFAC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EASYOFAC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASYOFAC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EASYOFAC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
EasyOFAC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Dakota and you hereby consent to the exclusive jurisdiction and venue of courts in South Dakota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EasyOFAC as a result of this agreement or use of the Site. EasyOFAC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EasyOFAC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EasyOFAC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EasyOFAC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EasyOFAC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
EasyOFAC reserves the right, in its sole discretion, to change the Terms under which https://easyofac.com is offered. The most current version of the Terms will supersede all previous versions. EasyOFAC encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
EasyOFAC welcomes your questions or comments regarding the Terms:
EasyOFAC, Inc.
An OpenACH Company
401 E. 8th St
Ste 214-694
Sioux Falls, South Dakota 57103
Email Address:
info@easyofac.com
Telephone number:
605.301.4959
API License
Thank you for using the EasyOFAC application programming interfaces (the "EasyOFAC API" or "EasyOFAC APIs"). By using the EasyOFAC APIs, you agree to the terms below. If you disagree with any of these terms, EasyOFAC does not grant you a license to use the EasyOFAC APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here https://easyofac.com/site/terms. EasyOFAC is a service of OpenACH, Inc. ("OpenACH").
Your license to the EasyOFAC APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the EasyOFAC APIs. EasyOFAC may terminate the license at any time for any reason. Your rights to use the EasyOFAC APIs terminate automatically if (i) you violate any of these terms, (ii) EasyOFAC publicly posts a written notice of termination on https://easyofac.com, (iii) EasyOFAC sends a written notice of termination to you, or (iv) EasyOFAC disables access to the EasyOFAC APIs to you.
- Subject: The EasyOFAC APIs are provided on the EasyOFAC and OpenACH websites (https://easyofac.com/api and http://ofac.openach.com/). EasyOFAC (https://easyofac.com) is a service provided by OpenACH, Inc. (http://openach.com).
- Commercial and Non-Commercial use: EasyOFAC is committed to free and open access to our APIs for both commercial and non-commercial purposes. However, providing the APIs does have real costs for EasyOFAC and OpenACH. For uses of EasyOFAC APIs over a certain rate or volume, or for certain types of applications, OpenACH reserves the right to charge fees for use of or access to the EasyOFAC APIs.
- Information Rights: All data created or modified by using EasyOFAC APIs by User input is owned by the respective User. Neither EasyOFAC or OpenACH will transfer such information to third parties. However, certain pieces of information may be tokenized and utilized by EasyOFAC and OpenACH to improve the accuracy and performance of the service provided. Access to the EasyOFAC APIs is logged for purposes of tracking metered usage of the EasyOFAC APIs, rate-limiting, reporting, and billing purposes.
- Financial Terms: In consideration of your use of any of the Paid Services, you agree to pay applicable fees for Paid Services in the amounts set forth on the respective Service detail pages on the EasyOFAC Website (including any minimum subscription fees, service add-ons, and overage fees). You are responsible for any fees assessed by EasyOFAC for transactions that you submit to the OpenACH for using EasyOFAC. Fees for any new Service or new Service feature will be effective upon posting by us on the EasyOFAC Website for the applicable Service. You will be notified at the email address on file with EasyOFAC 30 days prior to any change of fees or access rules regarding your current subscription.
- Access Codes: Access to the EasyOFAC APIs is controlled by use of access codes ("API Keys"). API Keys may be managed under your User account and may be activated, deactivated, re-keyed and deleted by you, the User. You acknowledge that anyone posessing an API key from your User account has full access to all the information you provide EasyOFAC. As such, you also acknowledge that any API key connected to your account on EasyOFAC will be treated as sensitive information, stored securely, and never shared with unauthorized parties. You futher agree that if you suspect one or more of your API Keys have been compromised, you agree to disable and/or re-key the API key to avoid unauthorized access to the EasyOFAC API and your data stored in your account. Neither EasyOFAC nor OpenACH is liable for unauthorized access to your account via any active API Key. Refunds for unauthorized access may be issued on a case-by-case basis, at EasyOFAC's sole discretion.
- Denials of Service or Access: User acknowledges and agrees that EasyOFAC is designed to be used as a piece of a larger KYC/AML Compliance Program. As such, User also acknowledges and agrees that EasyOFAC is providing data, services, or products to support User's own processes and decisions, and that no consumer, customer, vendor or supplier of User should be denied service or access based solely on data or results provided by OpenACH or EasyOFAC. User is responsible for any denial of service or access to its consumer, customer, vendor or supplier, and User shall not deny such service or access without first conducting an appropriate review and adjudication process. User agrees to indemnify, defend and hold harmless OpenACH, OpenOFAC, and any third parties for any claim arising from any such denial of service or access.
- Warranty: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." ANY CONTENT OBTAINED THROUGH THE USE OF EASYOFAC IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA, OR ANY OTHER DAMAGE OR INJURY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
- Limitation of Liability: OPENACH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE EASYOFAC APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT OPENACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OPENACH BE LIABLE TO YOU FOR ANY AMOUNT BEYOND THOSE SPECIFIED IN OUR CANCELLATION AND REFUND POLICY OUTLINED IN THE TERMS OF SERVICE.
Privacy Policy
Protecting your private information is our priority. This Statement of Privacy applies to the https://easyofac.com and EasyOFAC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to EasyOFAC include https://easyofac.com and EasyOFAC. The EasyOFAC website is a OFAC search services and monitoring for OFAC KYC/AML compliance site. By using the EasyOFAC website, you consent to the data practices described in this statement.
Collection of your Personal Information
EasyOFAC may collect personally identifiable information, such as your name. If you purchase EasyOFAC's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by EasyOFAC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the EasyOFAC website.
EasyOFAC encourages you to review the privacy statements of websites you choose to link to from EasyOFAC so that you can understand how those websites collect, use and share your information. EasyOFAC is not responsible for the privacy statements or other content on websites outside of the EasyOFAC website.
Use of your Personal Information
EasyOFAC collects and uses your personal information to operate its website(s) and deliver the services you have requested.
EasyOFAC may also use your personally identifiable information to inform you of other products or services available from EasyOFAC and its affiliates. EasyOFAC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
EasyOFAC does not sell, rent or lease its customer lists to third parties.
EasyOFAC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, or provide customer support. All such third parties are prohibited from using your personal information except to provide these services to EasyOFAC, and they are required to maintain the confidentiality of your information.
EasyOFAC may keep track of the websites and pages our users visit within EasyOFAC, in order to determine what EasyOFAC services are the most popular. This data is used to deliver customized content and advertising within EasyOFAC to customers whose behavior indicates that they are interested in a particular subject area.
EasyOFAC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on EasyOFAC or the site; (b) protect and defend the rights or property of EasyOFAC; and, (c) act under exigent circumstances to protect the personal safety of users of EasyOFAC, or the public.
Use of Cookies
The EasyOFAC website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize EasyOFAC pages, or register with EasyOFAC site or services, a cookie helps EasyOFAC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same EasyOFAC website, the information you previously provided can be retrieved, so you can easily use the EasyOFAC features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the EasyOFAC services or websites you visit.
Security of your Personal Information
EasyOFAC secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
EasyOFAC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from EasyOFAC by contacting us here:
- Web page:https://easyofac.com/#contact
- Email: info@easyofac.com
- Phone: 605.301.4959
Changes to this Statement
EasyOFAC will occasionally update this Statement of Privacy to reflect company and customer feedback. EasyOFAC encourages you to periodically review this Statement to be informed of how EasyOFAC is protecting your information.
Contact Information
EasyOFAC welcomes your questions or comments regarding this Statement of Privacy. If you believe that EasyOFAC has not adhered to this Statement, please contact EasyOFAC at:
EasyOFAC
c/o OpenACH, Inc.
401 E. 8th St
Ste 214-694
Sioux Falls, SD 57103
Email Address:
info@easyofac.com
Telephone number:
605.301.4959
Effective as of October 01, 2015
Data Use Policy
You ("User") acknowledge and agree that EasyOFAC is providing data, services, or products to support User's own processes and decisions, and that no consumer, customer, vendor or supplier of User should be denied service or access based solely on data or results provided by OpenACH or EasyOFAC. User is responsible for any denial of service or access to its consumer, customer, vendor or supplier, and User shall not deny such service or access without first conducting an appropriate review and adjudication process. User agrees to indemnify, defend and hold harmless OpenACH, OpenOFAC, and any third parties for any claim arising from any such denial of service or access.
Effective as of October 01, 2015