2. About the Service; Registration
The Website is intended for general audiences. You do not need to sign up to visit the Website; however, You will need to register if You want to participate on the site, such as, to post comments. If You sign up to use the Website, You agree to provide Us with current and true information and You must be legally competent to enter into contracts. You agree to keep Your registration information up to date. Certain features of the Website are available only to registered users and require You to sign in with a screen name to use them. Your use of these enhanced services as a registered user are governed by these Terms of Service.
3. Additional Terms
The Website may offer features and sites where You can upload or download files. You agree that these feature may be subject to supplemental rules that will be binding on You.
4. Electronic Delivery Policy and Your Consent
You authorize Us to provide You with required notices, agreements and information concerning the Website electronically. We will provide You Our notices either by sending them to the e-mail address that You give to Us or by posting the notices on the home page of the Website or on the relevant web page of the applicable service. If You want to withdraw Your consent to receive notices electronically, You must discontinue Your use of the Website.
6. Changes to the Website
We may discontinue or change any service or feature on the Website at any time and without notice.
7. Access Costs
You must provide at Your own expense the equipment and Internet connections that You will need to access and use the Website. If You access the Website through a telephone line, please call Your local phone company to determine if the access numbers You select are subject to long distance or other toll charges at Your location. Also, wireless, data or text messaging charges apply if You access the Website through wireless applications (e.g., cell phones). Check with Your carrier to verify whether there are any such fees that may apply to You.
8. Your Responsibilities
You may use the Website for lawful purposes only. You may not submit, offer links from, or transmit through the Website any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including Our employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- offers, promotes or encourages betting or wagering prohibited by law; or
- violates this Agreement, guidelines or any policy posted on the Website, or interferes with the use of the Website by others.
You may not use the Website in a way that could damage or impair Our servers or networks. You may not interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to Our services, user accounts, computer systems or networks. We may take any legal and technical remedies to prevent the violation of this Agreement.
9. No Spam
10. Proprietary Rights
You may not use the Website or any of Our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about Our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate Your access to or use of the Website immediately and take any other legal action if You, or anyone using Your access to the Website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in Our computer or communications networks.
11. License to use the Website
You may use the Website and the Content offered on the Website only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for Your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without Our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
12. Content You Post to Public Areas
Certain areas of the Website may allow You to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on the Website that You created or that You have permission to post. You may not post Content that violates this Agreement. We do not claim ownership of any Content that You may post. However, by submitting Content to public areas of the Website, You grant Us, Our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.
13. No Duty to Monitor
You agree that We are not liable for Content that is provided by others. We have no duty to pre-screen Content, but We have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but We are not responsible for any failure or delay in removing such material.
14. Third Party Sites, Advertisers
the Website may include links to third party websites. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that You have with advertisers found on the Website are between You and the advertiser and You acknowledge and agree that We are not liable for any loss or claim You may have against an advertiser.
15. Use of Software
We may make software available for You to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to You with the software, then the following license, in addition to the other terms of this Agreement govern Your use of such software. We grant You a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by Us or Our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding Your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.
We may automatically check Your version of the software and update it to improve its performance and capabilities. If You shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that You will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to Your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to Your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
16. Disclaimer of Warranties
We provide the Website “as is”, “with all faults” and “as available.” We and Our suppliers make no express warranties or guarantees about the Website. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT the Website AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH the Website ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT the Website WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF the Website, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE the Website (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under Your local laws that this Agreement cannot change.
17. Limitation of Liability
YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF the Website. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF the Website EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON the Website. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Us, You agree to defend, indemnify, and hold harmless Us and Our parent and other affiliated companies, and component of Great American Bank, and Our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from Your use or misuse of the Website. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses.
19. International Use
We make no representation that Content on the Website is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If You choose to access the Website from a location outside the U.S., You do so on Your own initiative and You are responsible for compliance with local laws.
21. No Legal or Tax Advice
Any content on this Website is for informational purposes only and is not intended to, nor should it be construed as constituting, advice of any kind, including, but not limited to legal or tax advice. We expressly disclaim all liability to any person with respect to the consequences of any actions taken based on information that appears on this Website. You are encouraged to seek professional advice before taking any action in response to information that appears on this Website.
22. Choice of Law and Location for Resolving Disputes
You agree that the laws of the State of Indiana govern this and any claim or dispute that You may have against Us, without regard to Indiana’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in Marion County, Indiana and You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
23. Severability and Integration
This Agreement and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between You and Us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Website automatically terminates if You violate this Agreement or any rules or guidelines posted in connection with the Website. We also reserve the right, in Our sole discretion, to terminate Your access to all or part of the Website, for any reason, with or without notice.