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Welcome
to the BankWare ("Company") site on the World Wide Web (the
"Site"). The terms and conditions set forth below (the
"Terms") govern the use of the Site and are legally binding on
you. If you do not agree with any of the Terms, do not access or
otherwise use the Site or any information contained on the Site. PLEASE
READ THESE TERMS OF USE CAREFULLY.
Use of Site
All information, text, products, software and services provided on this
Site, including, without limitation, trademarks, logos, graphics and
images (the "Contents") are owned by or licensed to Company.
The Contents contain trademarks, service marks and trade names which are
owned by Company, and may also contain trademarks, service marks and
trade names owned by third parties.
Except as otherwise noted in the Site, you are hereby authorized to use
the Contents solely for your internal business use and not for resale or
further distribution, subject to the following conditions:
(a) The Contents may be used solely for the purpose of using services or
purchasing products offered through this Site, subject to these Terms;
and
(b) Any copy of the Contents or portion thereof must include the Company
copyright: Company, Copyright „ 2000, all rights reserved.
No other permission is granted to you to use, reproduce, publicly
display, publicly perform, distribute, store, alter or modify the
Contents. No permission is granted to use the Company’s
icons, site address, or other means to hyperlink other Internet sites
with any page in this Site. You agree not to "frame" or
"mirror" any of the Contents contained on or accessible from
this Site on any other server or Internet-based device without the
advance written authorization of Company or its licensors, as
applicable. This authorization terminates automatically, without notice
to you, if you breach any of the Terms.
Any product, service, process or technology in the Contents or offered
through the Site are subject to other intellectual property rights
reserved by Company and/or its suppliers. Nothing contained in this Site
shall be construed as conferring any license or right under any
copyright, trade secret, patent, trademark or other intellectual
property rights ("IP Rights") of Company or any third party,
and, except as expressly provided herein, all such IP Rights in the
products, services, processes or technologies in the Contents or offered
through the Site are expressly reserved by Company and/or its suppliers,
as applicable.
Third Party Interaction
In your use of the Site, you may enter into correspondence with,
purchase goods and/or services from, or participate in promotions of
advertisers, sponsors and other users of the Site. Any such
correspondence, purchase or participation, including the delivery of and
the payment for goods and/or services, and any other term, condition,
warranty or representation associated with such correspondence, purchase
or participation is solely between you and the applicable third party.
You agree that Company has no liability, obligation or responsibility
for any such correspondence, purchase or participation between you and
any third party.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet
which are not under the control of or maintained by Company. Such links
do not constitute an endorsement by Company of those sites. You agree
that Company is providing these links to you only as a convenience, and
further agree that Company is not responsible for the content of such
sites.
Password Restricted Areas of the
Site
Once you subscribe to the Site by registering below, you will receive a
password and an account. You acknowledge and agree that you are solely
responsible for maintaining the confidentiality of your password (or
your employees’ passwords and account information, if applicable), and
agree to notify Company if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You
agree that you are entirely responsible for any and all activities which
occur under your account, including any fees which may be incurred under
your account, whether or not you are the individual who undertakes such
activities. You agree to immediately notify Company of any unauthorized
use of your account or any other breach of security in relation to the
Site known to you.
User Information
To enable the Company to use your information in connection with your
use of the Site, you hereby grant to the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable license
to use, reproduce, modify, adapt, publish, perform and display any
information and material that you submit to the Site (the "User
Information"), and to incorporate it in other works in any other
form, media or technology now known or later developed. Company will use
the User Information in accordance with the Privacy Policy. You represent and warrant that the User
Information you provide will be accurate and complete.
Unauthorized
Activities
You
acknowledge that your User Information and use of the Contents contained
on this Site are subject to copyright laws, trademark laws, the laws of
privacy and publicity, certain communications statutes and regulations
and other applicable laws and regulations, and agree that you are wholly
responsible for your actions or the actions of any person using your
password. You agree not to interfere with the use of the Site by others,
including, without limitation, the submission of any virus to the Site
or the transmission of junk mail, spam, bombs or unsolicited email. You
further agree not to place on the Site or use to the Site to communicate
any unlawful, annoying, harassing, defamatory, libelous, abusive,
threatening, harmful, vulgar, obscene or tortuous material of any kind
or any material that invades, infringes or violate the rights of any
person or entity.
Indemnity
You agree
to indemnify, defend and hold Company entirely harmless from and against
any and all claims, demands, costs, damages, liabilities, and expenses
(including, without limitation, costs of investigation and attorneys’
fees) incurred or to be incurred by Company arising from or relating to
(i) your use of the Site or the use of the Site by any person using your
password (if applicable), (ii) your breach, or the breach by any person
using your password, of any term of this Agreement, or (iii) your
violation, or the violation by any person using your password, of any
applicable law, regulation or right of any third party.
Disclaimer
of Warranty
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, COMPANY PROVIDES THE CONTENT AND ANY OTHER
INFORMATION ON THIS SITE ON AN "AS IS" AND
"WHERE-IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY ASSUMES NO
RESPONSIBILITY FOR ERRORS, OMISSIONS OR MISREPRESENTATIONS IN ANY USER
INFORMATION SUBMITTED BY A USER OF THIS SITE, OR OTHER INFORMATION THAT
IS REFERENCED BY OR LINKED TO THIS SITE.
COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR
FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN
CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT
DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS
FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Limitation
of Liability
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
ACCURACY, RELIABILITY OR ANY USE OF INFORMATION, MATERIALS OR PRODUCTS
ON THIS SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT
YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL
NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY
WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE
ARTICLES, GOODS OR MATERIALS, THEIR FITNESS FOR ANY PURPOSE, THEIR
QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES
SUFFERED AS A RESULT OF YOUR USE OF THE SITE. IN NO EVENT SHALL COMPANY
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY,
EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING BUSINESS INTERRUPTION, LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE) RESULTING FROM YOUR USE OR INABILITY TO USE
THE SITE OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE,
HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT (INCLUDING
NEGLIGENCE), EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Intended
Audience
Company operates this Site from its headquarters in the United States of
America and makes no representation that the Site is appropriate or will
be available for use in other locations. If you use this Site from
outside the United States of America, you are entirely responsible for
compliance with applicable local laws, including, without limitation,
the export and import regulations of other countries in relation to the
Site. Unless otherwise explicitly stated, all marketing or promotional
materials found on this Site are solely directed to individuals,
companies or other entities located in the United States.
General
Company does not monitor your data and transmissions and does not
represent or warrant that any User Information provided by users of this
Site is accurate, complete or not misleading. Company does actively
monitor accounts for system utilization and other business purposes.
However, in Company’s efforts to promote good citizenship within the
Internet community, if Company becomes aware of inappropriate use of the
Site or any Company service, Company will respond accordingly. You
acknowledge that Company will report to law enforcement authorities any
actions which may be considered illegal, as well as any reports it
receives of such conduct. When requested, Company will cooperate fully
with law enforcement agencies in any investigation of alleged illegal
activity on the Internet.
If you violate these Terms, Company shall have the right to terminate
service to you without notice. Company’s preferred course of action is
to advise you of your inappropriate behavior and recommend any necessary
corrective action. However, flagrant violations of these Terms, as
determined by Company in its sole discretion, will result in immediate
termination of service. Your sole and exclusive recourse and remedy is
to receive a refund for prepaid but unused services, if applicable.
You agree that Company and/or its suppliers may make improvements and/or
changes in the products, services, programs and prices described in this
Site at any time without notice, and further agree that Company can
revise these Terms at any time without notice by updating this posting.
You agree that your continued use of the Site after such revisions have
been posted constitutes your acceptance of such revised Terms. You
acknowledge that Company reserves the right to discontinue, on a
temporary or permanent basis, the Site and the services and products
provided therein without notice and without liability to you.
Any action related to these Terms will be governed by Alabama law and
controlling U.S. federal law, without regard to the choice or conflicts
of law provisions of any jurisdiction. You agree to submit to the
jurisdiction of the courts located in Shelby County, in the State of
Alabama, for the resolution of all disputes arising from or related to
these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of the
parties, with all other provisions remaining in full force and effect.
The failure of Company to enforce any right or provision in these Terms
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Company in writing. These Terms comprise the entire agreement between you and
Company and supersede all prior or contemporaneous negotiations,
discussions or agreements, if any, between the parties regarding the
subject matter contained herein.
Trademarks
BankWare, ImageCentre, PlatformCentre and other names contained herein
are trademarks or registered trademarks of Company in the United States
and other countries.
Copyright Notice
Copyright © 1982 - 2003, BankWare. All rights reserved
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