Term of Use

These Terms of Use (“Terms”) govern your use of the information, content, tools, products and services on all of the Bahama Group LLC  site (the term “Bahama Group LLC  ” refers to all Bahama Group LLC  web, and mobile applications and the content within them). Please read the Terms carefully before using the Bahama Group LLC site.  We occasionally update these Terms based on changes to the Bahama Group LLC  or other factors. Any updates made to the Terms go into effect once they are posted – and by using the Bahama Group LLC site , you are agreeing to the Terms. Because the Terms cover multiple Bahama Group LLC sites , some of the terms may only apply to specific web or applications. The Terms also include some important disclosures and information related to certain products and services.  To read the full Terms, click on the sections below.

Product Offerings

The products and services described on the Bahama Group LLC   are offered by the individual Bahama Group LLC  company or their distributors. Some of the products, services, product features or underlying investment options described on the Bahama Group LLC site may not be available in your jurisdiction or outside the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Bahama Group LLC site will be considered a solicitation to buy or an offer to sell a security, insurance product or service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Any offer of products or services may be subject to eligibility criteria, including (but not limited to) accredited investor status for certain investment products.  Your eligibility for certain products and services is subject to final determination of underwriting qualifications or other eligibility criteria and acceptance by the Bahama Group LLC company providing such product or service.

Bahama Group LLC

When you register for service on virtualsmartbank owned by Bahama Group LLC  portion of the Bahama Group LLC  Site, you are voluntarily electing to receive services from Bahama Group LLC  that will assist you with planning for job loss income and other life goals (the “Bahama Group LLC  Services”). You agree that the Bahama Group LLC  Services are separate and apart from any other services that the Bahama Group LLC  companies offering financial products and services may provide to you, including any services you may receive as a participant in a job loss plan. If you are a participant in a job loss plan and your employer has elected to make available the Bahama Group LLC  Services, then the Bahama Group LLC  Services will be included with the other services you receive as a participant in a job loss plan and a separate registration is not required. By registering for Bahama Group LLC service or otherwise utilizing the Bahama Group LLC  Services, you authorize Bahama Group LLC  to use and disclose your account data for the purposes of authenticating your identity and providing the Bahama Group LLC  Services. You also authorize Bahama Group LLC  to use the information you provide within Bahama Group LLC  for associated email communications regarding the Bahama Group LLC  experience. If you opt-in to our marketing communications, you authorize Bahama Group LLC to use the information you provide to deliver relevant content and offers via email.

As part of Bahama Group LLC  Services, Bahama Group LLC  may provide access to, or certain information regarding, accounts you hold with any of the Bahama Group LLC  family of companies and account custodian for certain accounts you may hold with Bahama Group LLC. The Bahama Group LLC  Services make this account information available to you as a courtesy, and Bahama Group LLC  is not responsible for the accuracy of the information displayed. Please refer to the corresponding account statement from your account custodian for information relating to your account, including account balance, asset holdings and positions.

Bahama Group LLC  may also provide optional linking or account aggregation functionality that allows you to view, in a single location on the Bahama Group LLC website or by linking from the Bahama Group LLC  site, consolidated financial information from such accounts that you maintain at various third party financial institutions that you may designate.

To use the account aggregate function, you understand and agree that:

  • The function is not available for all types of accounts and/or for all financial institutions.
  • Financial institutions may change their web from time to time and as a result an outside account that was available may cease to be available through Bahama Group LLC . Neither Bahama Group LLC nor its technology vendors have any control over this situation and have no obligation to restore the availability of an outside account on the Bahama Group LLC site.
  • You are responsible for designating the outside accounts information which you desire to aggregate.
  • For each available outside account that you desire to aggregate on the Bahama Group LLC  site, you must provide the necessary login credentials to access the outside account such as username and password. You will provide this information through such function and process as our technology vendors may determine from time to time.
  • The account aggregation function will access the website maintained by each third party financial institution for each outside account designated for aggregation in order to retrieve and store the account information within the outside account.  This third party account access may cause a Bahama Group LLC verification code to be sent to your mobile phone or email address.
  • You grant Bahama Group LLC  and its technology vendors authority, with respect to each outside account designated for aggregation, to (1) use the login credentials for such outside account in order to access the account information within such outside account; (2) retrieve the account information within the outside account; and (3) store the account information so retrieved and display such information to you.
  • For each outside account designated for aggregation, you represent and warrant that (1) you are the legal owner of the account; (2) you have the right to disclose your login credentials for such outside account; and (3) you have the right to grant the foregoing authorization.
  • Neither Bahama Group LLC nor its technology vendors are responsible for any acts, errors, or omissions by the financial institutions at which you maintain an outside account, or for the accuracy of the information provided by such institutions.
  • Bahama Group LLC may terminate your access to account information at the Bahama Group LLC  family of companies and Pershing, LLC and the account aggregation function at any time without notice.

SMS/Text Message Terms & Conditions

If you elect to receive verification codes, password recovery messages and important account alerts via text message, we will periodically send recurring messages each time a request is made or an alert is triggered. Message frequency depends on requests made and changes to your account. Reply HELP for help, STOP to cancel. Message and data rates may apply.

Compatible carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile®, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer,  RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).

Contact info@virtualsmartbak.com or call (844) 533-0420

Bahama Group LLC  respects your right to privacy.

Bahama Group LLC permits its financial advisors to communicate with you through a registered text messaging service, subject to the terms and conditions herein. Your financial advisor controls the frequency and content of the text messages you may receive pursuant to this program. If you elect to communicate with your financial advisor via text message, you must first agree to receive text messages from that financial advisor by replying “YES” to an opt-in text message sent by your financial advisor. Do not communicate with your financial advisor via text message if you have not received this opt-in text message and replied “YES”. You may opt out of receiving text messages from your financial advisor at any time. To opt out, send a text message to your financial advisor with the word “STOP” in the body of the text message.

Message and data rates may apply.

Proprietary Information

All information, material and content accessible on or generated by the Bahama Group LLC , including, but not limited to, text, graphics, images, software applications and code, video, audio, and user interface design (“Content”) is the proprietary information of Bahama Group LLC or our licensor, and is protected by United States and foreign copyright laws and conventions. Bahama Group LLC or our licensor retains all right, title, and interest in and to the Content. You may print out a copy of the Content solely for your personal use, provided you not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. The use of Content on any other site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including framing the Content within another site, is expressly prohibited.

Trademarks

The Bahama Group LLC name and the other trademarks, service marks, logos, URLs and domain names, registered or not (collectively, “Marks”), appearing on the Bahama Group LLC  are the property of Bahama Group LLC and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. In addition, you are not authorized to make use of Bahama Group LLC ’s Marks as metatags.

Links

Bahama Group LLC  may provide hyperlinks to  owned or operated by third parties (“Third Party ”) or permit a link from a Third Party Site to a Bahama Group LLC  Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the Third Party Site. Bahama Group LLC  accepts no responsibility for the content, products or services provided at these Third Party . If you decide to access such Third Party , you do so solely at your own risk, and you should be aware that Third Party  are governed by their own terms and conditions. Bahama Group LLC  is not liable for any damages incurred as a result of clicking on a link to any Third Party Site. Links to the Bahama Group LLC  Site may be made only with the permission of Bahama Group LLC .

Submissions

You hereby grant to Bahama Group LLC  via a royalty-free, perpetual, non-exclusive, irrevocable, worldwide, right and license to use, adapt, reproduce, modify, disseminate, publicly display, incorporate into other works or otherwise exploit all content, remarks, suggestions, ideas, graphics, or other information submitted through the Bahama Group LLC   (collectively, “Submissions”). Bahama Group LLC  may use your Submissions for any and all purposes including, but not limited to, advertising, promoting and publicizing Bahama Group LLC  and its businesses, products, services or any promotion or offer presented by Bahama Group LLC  in any and all media without incurring liability for royalties or other consideration of any kind. Bahama Group LLC  is not required to treat any Submissions as confidential, but any personally identifiable information that you submit through the Bahama Group LLC  Site will be handled in accordance with the applicable Bahama Group LLC  Privacy Notice and, as applicable.

Legal Disclaimers

Content. Bahama Group LLC intends to provide accurate and up-to-date content on the Bahama Group LLC  . However, we make no warranty or representation that the information on the Bahama Group LLC   is complete, accurate, up-to-date or error-free, or that known defects will be corrected. Content, services, products or functions available on the Bahama Group LLC   may contain inaccuracies or errors and may be changed or updated at any time without notice. Bahama Group LLC has no obligation to update the Bahama Group LLC  , so information may be out-of-date at any given time. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THE BAHAMA GROUP LLC  , OR ANY OTHER SITE LINKED TO THE BAHAMA GROUP LLC  SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.

If you have consented to the electronic delivery of documents or conduct business with Bahama Group LLC  electronically, Bahama Group LLC  may, pursuant to your consent, make certain regulatory documents and information relating to your Bahama Group LLC  account(s) (such as statements, prospectuses and confirmations), collectively, “Documents”, available electronically for download or via e-mail. Content, excluding Documents, is provided for general educational and informational purposes only and is not intended to be a substitute for independent financial, legal, or tax advice. Bahama Group LLC  does not warrant or make any representations regarding the suitability, usefulness or expected results of the Content, services, products or functions, including tools such as calculators, provided on the Bahama Group LLC  . You should not rely solely upon this information in making any decisions, including any decision to buy a product or service from a Bahama Group LLC  company. You should consult your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for you, and the effect of state and federal law on the products, services or issues discussed on the Bahama Group LLC  Site, or of federal income taxes or any other taxes on amounts held or paid out under any financial products described.

Availability. No warranty or representation is made that the Bahama Group LLC   or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.

Disabling devices. No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available on the Bahama Group LLC   is free of computer viruses, malware or other destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.

Third Party Content. Bahama Group LLC  may provide information on the Bahama Group LLC   supplied by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by a third party, are those of such third party and not Bahama Group LLC . Bahama Group LLC  does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on the Bahama Group LLC Site that may be provided by another party.

Limitation on Liability and Damages

IN NO EVENT WILL BAHAMA GROUP LLC  BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THE BAHAMA GROUP LLC  , OR ANY THIRD PARTY  OR OTHER LINKED SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON CONTENT, INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using the Bahama Group LLC. In no event shall Bahama Group LLC ’s total liability to you for damages, losses and causes of action of any kind—whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise—exceed the amount paid by you, if any, for accessing the Bahama Group LLC.

Privacy

We are committed to protecting your privacy and the confidentiality of your personal information. To review the Bahama Group LLC  Privacy Notices, click here.

  • If you reside in a state such as California that has adopted a comprehensive consumer privacy law, click here to review our Supplemental State-Specific Privacy Notice for detailed information about the categories of personal information we collect and share, your individual rights as a consumer, and how you can contact Bahama Group LLC  to exercise your rights.  Bahama Group LLC  does not sell personal information.
  • Technical and Navigational Information. When you visit and navigate the Bahama Group LLC  Site and when you communicate with us via the Bahama Group LLC  Site, Bahama Group LLC  and third parties with whom we have contracted may collect technical and navigational information (such as a catalog of the site pages you visit) and online identifiers from cookies, referrers, IP addresses, environmental variables, pixel tags, and similar technologies.  We also collect information you voluntarily provide, as further described below. If you use the myBahama Group LLC  Services, please see the specific myBahama Group LLC  terms for additional privacy considerations. Currently, the Bahama Group LLC  Site does not support the necessary technology to respond to Web browser “do not track” signals or other, comparable mechanisms.
    • Cookies. Bahama Group LLC  and our service providers may use encrypted or non-encrypted cookies in connection with the Bahama Group LLC  . Cookies are pieces of information that a website places in a file on your computer associated with your browser that may be used to deliver content specific to your interests and for other purposes, such as security, optimization testing of digital pages, and other account administrative functions. This information is processed passively by your browser as you surf through the Bahama Group LLC  . Cookies do not cause damage to your computer systems or files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or to be given the choice of declining or accepting the transfer of a particular cookie, or cookies from a particular website, to your computer. For example, cookies allow you to easily log into the Bahama Group LLC   by remembering your email address. Please note, the disabling of cookies may have an adverse effect on your website experience and could result in an unintended loss of functionality.
    • In addition, we use Google Analytics software to collect information about how you use the Bahama Group LLC  . We do this to help make sure the Bahama Group LLC   are meeting the needs of our users and to help us make improvements. Google Analytics stores information about the pages you visit on the Bahama Group LLC  , how long you spend on each page, how you got to the Bahama Group LLC  Site, and what you click on while you are visiting the Bahama Group LLC
    • We have also implemented reCAPTCHA on certain Bahama Group LLC  . reCAPTCHA works by collecting hardware and software information, such as device and application data and the results of integrity checks, and sending that data to Google for analysis. Your use of the reCAPTCHA is subject to the Google Privacy Policy (opens new window) and Terms of Use (opens new window).
    • Referrers, IP Addresses, and Environmental Variables. Bahama Group LLC  and our service providers may also collect “referrers” information, IP addresses, and various environmental variables.
      • A “referrer” is information the Web browser passes along to our web servers that references the URL from which you came.
      • “IP address” is a number used by computers on the network to identify your computer so that data can be transmitted to you.
      • “Environmental variables” include, among other things, the domain from which you access the Internet, the time you accessed the Bahama Group LLC  Site, type of Web browser and operating system or platform used, the Internet address of the website you left to visit the Bahama Group LLC  Site, the names of the pages you visit while at the Bahama Group LLC  , and the Internet address of the website you then visit.
    • Pixel Tags. Bahama Group LLC  and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some website pages and HTML-formatted email messages to, among other things, compile aggregate statistics about site usage, response rates and the effectiveness of advertising campaigns. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to site visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags allow us to count users who have visited certain pages of the Bahama Group LLC  , to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
  • Non-Personally Identifiable Information You Voluntarily Provide. When you visit the Bahama Group LLC   we may collect demographic data, such as your date of birth, gender, zip code, and other information that by itself does not constitute personal information. We may use such information for any purpose, including without limitation to enhance website security, detect broad demographic trends, provide content tailored to your interests, and otherwise enhance your experience on the Bahama Group LLC  . This information may also be shared with third parties on an aggregate basis.
  • Personal Information. Depending upon which Bahama Group LLC   you visit and which online services you use, the types of personal information we may collect from you could include your name, email address, mailing address, telephone number(s), account number(s), user name and password. In addition, we may collect Social Security numbers, driver’s license or government-issued identification numbers, dates of birth, gender, health information, banking information, assets, and income, for you and your joint owners and beneficiaries, and other types of demographic and personal financial information when you provide such information on applications or forms or while using our online services and where we believe such information is reasonably required for ordinary business purposes. We may transmit certain of this information to third parties as necessary for our everyday business purposes, such as to maintain your account, process a transaction, or provide a service that you request while using our online services.  We may also collect information about you from additional online and offline sources, including commercially available third party sources such as credit reporting agencies. We may combine this information with the personal information we have collected from you under these terms. Additionally, we may aggregate personal information in a manner such that the end-product does not personally identify you, for example, by using personal information to display content according to your zip code.
  • Email Unsubscribe. You may unsubscribe from marketing emails from Bahama Group LLC  at any time. If you wish to do so, click on unsubscribe at the bottom of the communication you wish to opt out of. You may also update your communication preferences in your Bahama Group LLC profile. Particular Bahama Group LLC  Site at any time. Please note that the communication preferences in Bahama Group LLC  apply only to marketing and educational emails and will not affect emails related to your Bahama Group LLC  account(s).
  • Monitoring Use. Bahama Group LLC reserves the right to view, monitor, and record any and all use of the Bahama Group LLC in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct. If you do not consent to such monitoring, you should not access the Bahama Group LLC  .

Security

Information sent through the Internet may not be secure. Email services that may be provided through the Bahama Group LLC   generally are not encrypted and do not provide a secure and private means of communicating with us. Certain services offered on the Bahama Group LLC   do provide a secure means to communicate with us; this is indicated by an icon that appears on your screen when you are using such a service. For certain types of communications through the Bahama Group LLC  , or for access to certain portions of the Bahama Group LLC  , we may require the use of encryption technologies provided for your protection and/or require you to authenticate using user identification information (“UserID”), PIN/password and/or a form of multi-factor authentication. You are responsible for the confidentiality and use of your UserID and PIN/password and for securing the account or device you use for multi-factor authentication. If you become aware of any loss, theft or unauthorized use of your UserID, PIN/password, account or device you use for multi-factor authentication, Social Security number or account number, immediately notify the appropriate Bahama Group LLC  company. While Bahama Group LLC  may use reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, Bahama Group LLC  reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.

Reporting Abuse

If you see something on the Bahama Group LLC  that you believe violates our Terms, please report it to us

Execution of Transactions

If the Bahama Group LLC   permit you to access your account or conduct certain transactions (such as opening accounts, managing contributions and investment allocations, requesting loans or partial withdrawals, and updating personal information), you can only utilize those services by following the instructions stated within the appropriate password protected log-on section of the Bahama Group LLC  Site. When using the Bahama Group LLC   to execute transactions, problems may occur that are beyond Bahama Group LLC ’s ability to correct. Access to the Bahama Group LLC   may be limited or unavailable during periods of peak demand, systems upgrading, maintenance or other reasons. If you are not able to complete your transaction due to a system failure, fail to receive written confirmation of a transaction or its execution within ten (10) business days after execution, or receive confirmation of a transaction you did not request, you must contact the appropriate Bahama Group LLC  company immediately. Bahama Group LLC  will not assume responsibility for such system failures and errors. WE ARE UNABLE TO EXECUTE TRANSACTIONS OR PROVIDE PERSONAL ACCOUNT INFORMATION VIA E-MAIL, TEXT, SMS, SOCIAL MEDIA OR SIMILAR ON-LINE OR ELECTRONIC COMMUNICATIONS.

Governing Law / Miscellaneous

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws provisions, and shall inure to the benefit of Bahama Group LLC ’s successors and assigns, whether by merger, consolidation, or otherwise. If you take legal action relating to these Terms or your use of the Bahama Group LLC  , you agree to file such action only in Florida and you consent to submit to the personal jurisdiction of the state and federal courts of Florida for the purposes of pursuing any such action. Any cause of action you may have arising out of or related to your use of the Bahama Group LLC   must be commenced within one (1) year after the cause of action arises. Bahama Group LLC  reserves the right to seek all remedies available at law and equity for violations of these Terms, as well as the right to restrict access to the Bahama Group LLC   or any portion of it. Bahama Group LLC  does not represent that the information in the Bahama Group LLC   is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access the Bahama Group LLC   do so on their own initiative and are responsible for compliance with all applicable local laws. These Terms represent the entire agreement between Bahama Group LLC  and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.

Children

The Bahama Group LLC   are not intended to market any products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through the Bahama Group LLC   for marketing or other purposes. By using the Bahama Group LLC  , you represent that you are not under thirteen (13) years of age.

U.S. Export Controls

Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from the Bahama Group LLC   in violation of United States export controls.