Terms of Use Agreement

Entrance and use of BankPro.com (the “Site”) is governed by the terms of this Use Agreement (the “Agreement”).  By entering or using the Site, the user (“You” or “Your”) agree to comply with, and be bound, by the terms of this Agreement.  Please review the terms of the Agreement carefully. If You do not agree to these terms, do not enter the Site and proceed as instructed under Section 20 of this Agreement.

Section 1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Agreement with respect to the Site.  This Agreement constitutes the entire and only agreement between the Site and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site as well as the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by the Site without prior or specific notice to You. The latest form of the Agreement will be posted on the Site, and You should review this Agreement prior to entering or using the Site.

Section 2. Copyright Protection. 
The content, organization, graphics, design, compilation (other than the Links, as defined below), magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights and this Agreement). The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Section 3. Contract Protection of Compilation of Links.
The Site does not claim any copyright to the compilation of links which are solely internet addresses to government, non-profit, and/or commercial sites (collectively, the “Links”).  You specifically acknowledge that the compilation of the Links required extensive work and research by the Site and that the Site has an enforceable  claim for the protection of the Links.  As such, You specifically agree, as a contract matter under this Agreement, that You will only view the Links and that You will not print or download the Links or that the Links will not be used by You for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  You acknowledge that a violation of this Section 3 has no remedy at law and that specific performance under the terms of this Agreement is the only remedy available.

Section 4. Trademarks. 
BankPro is the trademark of Gary A. Lax.  Other products and company names mentioned on the Site may be trademarks of their respective owners.

Section 5. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution).  The terms of this Section 5 do not apply to Your use of the Links.

Section 6.  Editing, Deleting and Modification.
The Site reserves the right, in its sole discretion, to edit or delete any documents, Links, information or other content appearing on the Site.

Section 7. Indemnification.
You agree to indemnify, defend and hold the Site, its owners, sponsors, partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to Your violation of this Agreement or use of the Site.

Section 8. Nontransferable.
Your right to the entrance and use of the Site is not transferable. Any password or right given to You to obtain information or documents or other materials on the Site is not transferable.

Section 9. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE SITE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE SITE AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE SITE, ITS AFFILIATED PARTIES AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. THE SITE AND ITS AFFILIATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. THE MAXIMUM LIABILITY OF THE SITE AND ITS AFFILIATED PARTIES TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.


Section 10. Use of Information.
The Site reserves the right, and You authorize the Site, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with the Site’s Privacy Policy.

Section 11. Third‑Party Services.
The Site allows access to, or advertisement by, third‑party merchant sites ("Merchants") from which You may purchase certain goods or services. You understand that the Site does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Site is not a party to the transactions entered into between You and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE SITE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THIS SITE.

Section 12. Third‑Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. This Site is not responsible for information provided by You to Merchants. This Site and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Section 13. Privacy Policy.
This Site’s Privacy Policy, as it may change from time to time, is a part of this Agreement.

Section 14.  Payments.
You represent and warrant that if You are purchasing something from this Site or from Merchants that (i) any credit information You supply is true and complete, (ii) charges incurred by You will be honored by Your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

Section 15. Securities Laws.
This Site may include statements concerning its operations, prospects, strategies, financial condition, future economic performance and demand for its products or services, as well as its intentions, plans and objectives, that are forward‑looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond the control of the Site. When used on the Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward‑looking statements designed to fall within securities law safe harbors for forward‑looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of securities‑related filings or documents.

Section 16. Links to Other Web Sites.
The Site contains links to other internet sites (“Web Sites”).  The Site is not responsible for the content, accuracy or opinions express in such Web Sites, and Web Sites are not investigated, monitored or checked for accuracy or completeness by this Site.  Inclusion of any linked Web Site does not imply this Site’s approval or endorsement of the linked Web Site.  If You decide to leave this Site and access these third‑party Web Sites, You do so at Your own risk.

Section 17. Copyrights and Copyright Agents.
This Site respects the intellectual property of others.  If You believe that Your work has been copied in a way that constitutes a copyright infringement, please provide our Copyright Agent with the following information:
 

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;  

(b) A description of the copyrighted work that You claim has been infringed;

(c)   A description of where the material that You claim is infringing is located on this Site;  

(d) Your address, telephone number, and e-mail address;

(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is Gary A. Lax, P.C. who can be reached as follows:

By mail:

Gary A. Lax, P.C.
Copyright Agent
c/o Silver, Freedman & Taff, L.L.P.
Seventh Floor, East Tower
1100 New York Avenue, N.W.
Washington, DC 20005-3934

By phone:

(202) 414-6124
By e-mail:

Lax@BankPro.com


Section 18. Refund Policy.
 
If a p
roduct purchased by You, directly from the Site as the seller and not directly from Merchants, is defective or not to Your reasonable satisfaction, You can return the product within twenty-one (21) days of receipt to the following address: P.O. Box 1833, Rockville, MD 20849.  In such event, the Site will provide You a credit for other purchases on the Site (less shipping and handling charges incurred).  However, if a product was purchased directly from Merchants as the seller, then You must connect the Merchants directly and comply with the refund policy of the respective Merchants. This Section 18 sets forth Your sole and exclusive right to refund and return.

Section 19. Information and Press Releases.
The Site may contain information and/or press releases about the Site and its Affiliated Parties. While this information was believed to be accurate as of the date prepared, the Site and its Affiliated Parties disclaim any duty or obligation to update this information or any press releases. Information contained in the press release or otherwise about companies other than the Site, should not be relied upon as being provided or endorsed by the Site.

Section 20.  Right to Negotiate. 
If You do not agree with any of the terms of this Agreement, do not enter or use the Site.  Instead, e-mail Your concerns to agreement@bankpro.com.  Your e-mail must contain the following information: (i) the nature of Your concern, (ii) the applicable Section of the Agreement that is effected by Your concern, (iii) Your name, mailing address, day-time telephone number, and e-mail address, and (iv) suggested action to resolve Your concern.  The Site will evaluate Your e-mail and promptly notify You of its receipt and whether Your suggested action is acceptable to the Site.

Section 21. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Rockville, Maryland, and shall be governed by and construed in accordance with the laws of the State of Maryland (without regard to conflict of law principles). Any cause of action by You with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections 3, 9 and 11. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of, or in connection with, this Agreement shall be brought solely in the City of Rockville, State of Maryland. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with, the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The failure of the Site or its Affiliated Parties to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.