1.1. This agreement governs your use of the Suncrest Bank information service (the “Service”), including Discussion Areas, which is operated by Suncrest Bank. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.”1.2. Western City Bank reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Suncrest Bank as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
2. Use of Content
2.1. You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Suncrest Bank or third parties. All Content on the Service is copyrighted as a collective work of Suncrest Bank pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.2.2. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to Suncrest Bank the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3. No Endorsement
Suncrest Bank does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users represents the views of the user posting the statement, and does not represent the views of Suncrest Bank.
3.2. The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Suncrest Bank is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Suncrest Bank and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Suncrest Bank Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Suncrest Bank Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Suncrest Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Suncrest Bank defense of such claim.
5. Disclaimer of Warranties; Limitation of Liability.
5.1. Neither Suncrest Bank nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does Suncrest Bank any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an “As is, as available” basis. None of Suncrest Bank, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service.
5.2. Neither Suncrest Bank , any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.