This Agreement contains an agreement to arbitrate claims and disclaimers of warranties and liability.
The Web Site may act as a venue, through its chat rooms, bulletin boards, other discussion boards, and user comments (collectively, the "Questions"), allowing the public to contribute information and make statements and/or comments. As a results, MyBankTracker does not approve or endorse any information or statements in the Discussions, and you hereby acknowledge and agree that MyBankTracker has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any information provided for by you or any other person or entity in the Discussions. MyBankTracker reserves the right, but is not obligated to remove or edit any information in the Discussions.
Any data that has been posted on the Web Site that is not trademarked or copyrighted automatically grants MyBankTracker exclusive rights and licenses to use copy, format, adapt, publish, and/or incorporate any or all such information in any media whatsoever, including, without limitation.
You shall not transmit, submit or post the following to www.MyBankTracker.com:
- Information that infringes MyBankTracker's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to MyBankTracker or third parties or that infringes on MyBankTracker's or any third party's rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from MyBankTracker; or
- Federally Trademarked and/or Copyrighted information without written permission from MyBankTracker.
The names "MyBankTracker", "the Web Site", and "the Web Site and design", and MyBankTracker's graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MyBankTracker or its subsidiaries, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of MyBankTracker, which permission may be withheld in MyBankTracker's sole discretion. MyBankTracker makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Web Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, The Web Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are copyrighted by, or otherwise licensed to, MyBankTracker or its Content suppliers. MyBankTracker also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on The Web Site (the "Software") is the property of MyBankTracker or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of MyBankTracker's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by MyBankTracker or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
The Content and all services and products associated with the Web Site are provided to you on an "as-is" and "as available" basis. MyBankTracker makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or the information, content, materials, products or services included on or associated with the Web Site. You expressly agree that your use of the Web Site and all products and services included on or associated with the Web Site is at your sole risk.
MyBankTracker does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Web Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Web Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Web Site. MyBankTracker makes no representation, warranty or guarantee that the Content that may be available for downloading from the Web Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, MyBankTracker recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
MyBankTracker shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Web Site; (iii) your DELAY IN ACCESSING OR inability to access or use the Web Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH the Web Site, OR OTHERWISE ARISING OUT OF THE USE OF the Web Site, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MYBANKTRACKER AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.