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:
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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
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By
phone:
(202) 414-6124 |
By
e-mail:
Lax@BankPro.com |
Section 18. Refund Policy.
If a product 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.
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