AGREEMENT BETWEEN USER AND BANK TECHNOLOGY
The Bank Technology web
site is comprised of various web pages operated by Bank Technology.
The Bank Technology web site is offered
to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of the Bank Technology web site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
Bank Technology reserves the right to
change the terms, conditions, and notices under which the Bank Technology web site is offered, including but not
limited to the charges associated with the use of the Bank Technology web site.
LINKS TO THIRD
PARTY SITES
The Bank Technology web site may contain links to other web sites ("Linked
Sites"). The Linked Sites are not under the control of Bank Technology and Bank Technology is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Bank Technology is not responsible for webcasting or any other form of
transmission received from any Linked Site. Bank Technology is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Bank Technology of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Bank
Technology Web Site, you warrant to Bank Technology that you will not use the Bank Technology Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Bank
Technology Web Site in any manner which could damage, disable, overburden, or impair the Bank Technology Web Site
or interfere with any other party's use and enjoyment of the Bank Technology web site. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made available or provided for
through the Bank Technology web sites.
USE OF COMMUNICATION SERVICES
The Bank
Technology web site may contain bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information.
• Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received
all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication Service specifically allows such
messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file
posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained in a file that
is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
•
Violate any code of conduct or other guidelines which may be applicable for any particular Communication
Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their
consent.
• Violate any applicable laws or regulations.
Bank Technology has no obligation to monitor the
Communication Services. However, Bank Technology reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Bank Technology reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.
Bank Technology reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Bank Technology's sole discretion.
Always
use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. Bank Technology does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Bank Technology specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized Bank Technology spokespersons, and their views do not necessarily reflect those of
Bank Technology.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO Bank Technology OR POSTED AT ANY Bank Technology WEB SITE
Bank
Technology does not claim ownership of the materials you provide to Bank Technology (including feedback and
suggestions) or post, upload, input or submit to any Bank Technology Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your
Submission you are granting Bank Technology, its affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid
with respect to the use of your Submission, as provided herein. Bank Technology is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in Bank Technology's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Bank Technology WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Bank Technology AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Bank Technology WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Bank Technology
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Bank Technology AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Bank Technology WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Bank Technology
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL Bank Technology AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Bank
Technology WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Bank Technology WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Bank Technology WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Bank Technology
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Bank Technology OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Bank Technology WEB SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Bank Technology WEB SITE.
SERVICE
CONTACT : web@nwbt.net
TERMINATION/ACCESS RESTRICTION
Bank Technology reserves the
right, in its sole discretion, to terminate your access to the Bank Technology Web Site and the related services
or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use
of the Bank Technology Web Site. Use of the Bank Technology Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists between you and Bank
Technology as a result of this agreement or use of the Bank Technology Web Site. Bank Technology's
performance of this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of Bank Technology's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Bank Technology Web Site or information provided to or
gathered by Bank Technology with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Bank Technology with respect to the Bank Technology Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and
Bank Technology with respect to the Bank Technology Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All text and image contents of the Bank Technology Web Site are: Copyright © 2018 by
Bank Technology, all rights reserved, and the website design is copyright © 2018 by Platform 513. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company, organization, product, person, or
event is intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.
Bank Technology is committed to protecting your privacy and
developing technology that gives you the most powerful and safe online experience. This Statement of Privacy
applies to the Bank Technology Web site and governs data collection and usage. By using the Bank Technology
website, you consent to the data practices described in this
statement.
COLLECTION OF YOUR PERSONAL INFORMATION
Bank Technology collects personally identifiable information, such as your e-mail address,
name, home or work address or telephone number. Bank Technology also collects anonymous demographic information,
which is not unique to you, such as your ZIP code, age, gender, preferences, interests and
favorites.
There is also information about your computer hardware and software that is automatically
collected by Bank Technology. This information can include: your IP address, browser type, domain names, access
times and referring web site addresses. This information is used by Bank Technology for the operation of the
service, to maintain quality of the service, and to provide general statistics regarding use of the Bank
Technology web site.
Please keep in mind that if you directly disclose personally identifiable
information or personally sensitive data through Bank Technology public message boards, this information may be
collected and used by others. Note: Bank Technology does not read any of your private online
communications.
Bank Technology encourages you to review the privacy statements of Web sites you choose
to link to from Bank Technology so that you can understand how those Web sites collect, use and share your
information. Bank Technology is not responsible for the privacy statements or other content on web sites outside
of the Bank Technology and Bank Technology family of web sites.
USE
OF YOUR PERSONAL INFORMATION
Bank Technology collects and
uses your personal information to operate the Bank Technology Web site and deliver the services you have
requested. Bank Technology also uses your personally identifiable information to inform you of other products or
services available from Bank Technology and its affiliates. Bank Technology may also contact you via surveys to
conduct research about your opinion of current services or of potential new services that may be
offered.
Bank Technology does not sell, rent or lease its customer lists to third parties. Bank
Technology may, from time to time, contact you on behalf of external business partners about a particular
offering that may be of interest to you. In those cases, your unique personally identifiable information
(e-mail, name, address, telephone number) is not transferred to the third party. In addition, Bank Technology
may share data with trusted partners to help us perform statistical analysis, send you email or postal mail,
provide customer support, or arrange for deliveries. All such third parties are prohibited from using your
personal information except to provide these services to Bank Technology, and they are required to maintain the
confidentiality of your information.
Bank Technology does not use or disclose sensitive personal
information, such as race, religion, or political affiliations, without your explicit consent.
Bank
Technology keeps track of the Web sites and pages our customers visit within Bank Technology, in order to
determine what Bank Technology services are the most popular. This data is used to deliver customized content
and advertising within Bank Technology to customers whose behavior indicates that they are interested in a
particular subject area.
Bank Technology Web sites will disclose your personal information, without
notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a)
conform to the edicts of the law or comply with legal process served on Bank Technology or the site; (b) protect
and defend the rights or property of Bank Technology; and, (c) act under exigent circumstances to protect the
personal safety of users of Bank Technology, or the
public.
USE OF COOKIES
The
Bank Technology Web site use "cookies" to help you personalize your online experience. A cookie is a
text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or
deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in
the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a
convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned
to a specific page. For example, if you personalize Bank Technology pages, or register with Bank Technology site
or services, a cookie helps Bank Technology to recall your specific information on subsequent visits. This
simplifies the process of recording your personal information, such as billing addresses, shipping addresses,
and so on. When you return to the same Bank Technology Web site, the information you previously provided can be
retrieved, so you can easily use the Bank Technology features that you customized.
You have the ability
to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your
browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully
experience the interactive features of the Bank Technology services or web sites you
visit.
SECURITY OF YOUR PERSONAL INFORMATION
Bank Technology secures your personal information from unauthorized access, use or
disclosure. Bank Technology secures the personally identifiable information you provide on computer servers in a
controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information
(such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption,
such as the Secure Socket Layer (SSL)
protocol.
CHANGES TO THIS STATEMENT
Bank Technology will occasionally update this Statement of Privacy to reflect company
and customer feedback. Bank Technology encourages you to periodically review this Statement to be informed of
how Bank Technology is protecting your
information.
CONTACT INFORMATION
Bank Technology welcomes your
comments regarding this Statement of Privacy. If you believe that Bank Technology has not adhered to this
Statement, please contact Bank Technology at web@nwbt.net. We will use commercially reasonable efforts to
promptly determine and remedy the problem.