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