Terms and Conditions of Use of This Web Site
The following Terms and Conditions apply to the use of this Web site and to the use of all information, software, function, graphics, artwork, and any other material contained on this Web site (referred to separately and collectively as the "Contents").
By using this Web site and the Contents, you agree to abide by these Terms and Conditions which shall be binding on you, your successors and assigns.
Use of Web site
This Web site and the Contents are provided by BancTrac Solutions, Inc., 38 Park Street, Medfield, MA U.S.A. and are intended for the use and benefit of professionals in the financial services industry.
You agree to use this Web site and the Contents only for your internal or informational purposes or as specifically authorized in these Terms and Conditions and elsewhere on this Web site. Use for any other purpose is prohibited. BancTrac Solutions may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, this Web site, and to prevent access to users who violate these Terms and Conditions. BancTrac Solutions’ remedies include the right to seek equitable relief.
Updates and Changes to Web site
BancTrac Solutions monitors the Contents, use, and user comments regarding this Web site. BancTrac Solutions may make improvements, updates or changes to this Web site and the Contents at any time without notice to you. BancTrac Solutions may also modify these Terms and Conditions without notice to you. By continuing to use this Web site after modifications have been made to these Terms and Conditions, you accept the modifications made to these Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
No Legal, Accounting or other Professional Advice
The Contents of this Web site are not intended to provide legal, accounting or other professional advice and should not be relied upon as such. Before using or acting upon any Contents on this Web site, you are advised to seek the advice of your attorney, accountant or other appropriate professional to determine: (1) if the Contents apply to your particular circumstances, and (2) the sufficiency of the Contents for your unique legal, accounting or other needs. BancTrac Solutions, its officers, employees and agents are not authorized to practice law on your behalf or to provide you with accounting advice. The following notice is required by law:
The Contents of this Web site are NOT a Substitute for the Advice of an Attorney.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THIS WEB SITE AND THE CONTENTS ARE PROVIDED "AS IS,” AND THAT YOUR USE OF THE WEB SITE AND THE CONTENTS ARE AT YOUR OWN RISK.
BANCTRAC SOLUTIONS AND ITS THIRD PARTY LICENSORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEB SITE OR THE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BANCTRAC SOLUTIONS IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, RESULTS, OR DAMAGES THAT MAY OCCUR FROM THE USE OF THIS WEB SITE OR THE CONTENTS.
ADDITIONALLY, BANCTRAC SOLUTIONS MAKES NO WARRANTY THAT: (I) THIS WEB SITE OR THE CONTENTS WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) DEFECTS WILL BE CORRECTED; (III) THIS WEB SITE AND THE CONTENTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THIS WEB SITE OR THE INFORMATION AVAILABLE ON THIS WEB SITE WILL MEET YOUR REQUIREMENTS. BANCTRAC SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEB SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
This Disclaimer of Warranties applies to the fullest extent permitted by law. Applicable law may not allow the exclusion of implied or other warranties, so the above Disclaimer of Warranties, or parts of it, will not apply to you to the extent that they are prohibited by law.
No modifications of this Disclaimer of Warranties are authorized unless they are in writing and signed by you and BancTrac Solutions.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BANCTRAC SOLUTIONS OR ANY BANCTRAC SOLUTIONS CONTENT PROVIDER OR LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF BANCTRAC SOLUTIONS OR ITS CONTENT PROVIDERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENTS (INCLUDING, BUT NOT LIMITED TO DELETION OR LOSS OF CONTENT, DEFECTS OR DELAYS IN TRANSMISSION, OR ANY FAILURE OF A SERVER, OR THE INTERNET), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM THE COST OF ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR, (V) ANY OTHER MATTER RELATING TO THE WEB SITE OR ITS CONTENT. YOU AGREE THAT BANCTRAC SOLUTIONS’ TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS WEB SITE AND THE CONTENTS, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THREE HUNDRED DOLLARS ($300).
BancTrac Solutions Proprietary Interests, Copyrights and Trade Names
BancTrac Solutions and its licensors reserve all rights in and to this Web site and the Contents unless otherwise expressly provided. BancTrac Solutions and its licensors vigorously protect all their respective intellectual property rights. Unless otherwise noted, BancTrac Solutions claims a proprietary interest and copyright in this Web site and all of the Contents. BancTrac Solutions’ claim includes intellectual property interests in the questions, sequence of questions, analysis and logic used in this Web site, and in the documents referenced in this Web site.
You may print or copy the Contents of this Web site for your information and education only. Any re-use or distribution of the Contents for commercial use is prohibited. You may not use any of the Contents of this Web site for any illegal or unauthorized purposes. BancTrac Solutions grants limited permission to financial institutions to reproduce the copyrighted material of this Web site for internal, non-commercial use as a training tool provided the Contents include "Copyright © BancTrac Solutions. All rights reserved."
Except as specifically authorized above, you may not modify, print, copy, distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way this Web site or the Contents unless expressly authorized by these Terms and Conditions, the express provisions on this Web site, a separate written agreement signed by you and BancTrac Solutions, or applicable law.
This Web site may also include various product names, business names, logos, slogans, and other marks in which BancTrac Solutions has a registered trademark interest or other protectable interest (collectively " BancTrac Solutions Marks"). It may also include product names, business names, logos, slogans, and other marks in which others have a protectable interest (collectively "Other Marks"). You may not in any way use any BancTrac Solutions Marks or Other Marks on this Web site without the prior express written permission of the owners.
Submitting Your Comments and Ideas
BancTrac Solutions welcomes your comments and ideas, including ideas for new BancTrac Solutions products, improvements to existing BancTrac Solutions products, and improvements to this Web site and the Contents. BancTrac Solutions carefully reviews and considers your comments and ideas, but is unable to implement all of them. In order for BancTrac Solutions to freely respond to your comments and ideas and to implement BancTrac Solutions’ own ideas (which may be similar or identical to yours), all comments and ideas submitted to BancTrac Solutions will become BancTrac Solutions property. By submitting comments or ideas to BancTrac Solutions, you waive all rights you may have in them. Your comments and ideas will not be treated as confidential.
Links to Third Party Sites
This Web site may include links to other sites which are not owned, operated, or controlled by BancTrac Solutions. BancTrac Solutions provides you with such links solely for your convenience. The inclusion of such links does not mean or imply that BancTrac Solutions endorses the linked sites, their Contents, or any products or services described or sold on them. BancTrac Solutions is not responsible for the Contents or use of any linked site or any link contained in a linked site. BancTrac Solutions is not responsible for making changes or updates to any such sites.
These Terms and Conditions will be governed and construed under the laws of the State of Massachusetts, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this Web site or the Contents, including these Terms and Conditions, will be filed only in the state or federal courts located in Massachusetts. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
If any term or provision of these Terms and Conditions is held to be invalid, void or unenforceable by a court or arbitrator of competent jurisdiction, the remainder of these Terms and Conditions will not be affected, impaired or invalidated and each remaining term or provision will be valid and enforceable to the fullest extent permitted by law.