Last Modified: April 1, 2016
Acceptance of the Terms
Please read these Terms carefully before you start to use the Website or the Services. By using the Website or Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our <
The Website and the Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website or the Services, you represent and warrant that you are of legal age to form a binding contract with BankerAdvice and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Services.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Term of the Agreement
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or any Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Service, or the entire Website or Service, to any or all users.
You are responsible for: (a) making all arrangements necessary for you to have access to the Website and to use the Services and (b) ensuring that all persons who access the Website or use the Services using your User Credentials or your internet connection are aware of these Terms and comply with them.
Accounts and User Credentials
You may browse the Website without registering; however, to use the Services, you must create an account with BankerAdvice (an "Account") which requires you to provide us with certain registration details and other information, including, but not necessarily limited to your name, address, telephone number and email address. It is a condition of your use of the Website or Services that all the information you provide on the Website or through use of the Services is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any features on the Website or the Services, is governed by our <
When you create an Account, you will be asked to select a user name and password and possibly to provide other information to verify the security of your Account (your "User Credentials"). You must treat your User Credentials as confidential, and you must not disclose your User Credentials to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or use of the Services using your User Credentials. You agree that you are responsible for all activity on the Website or with the Services using your User Credentials. You agree to notify us immediately of any unauthorized access to or use of your User Credentials. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your User Credentials. You may not sell, assign or otherwise transfer your User Credentials to any third party.
We have the right to disable any User Credentials at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Electronic Communications Authorized
When you communicate with BankerAdvice electronically - by sending emails or completing information requests on the Website, you agree that BankerAdvice may reply to your inquiry and / or send you follow-up information electronically, including by email. Generally, if BankerAdvice needs to communicate with you, we will do so by email or by posting information on the Website; however, if you request a demo, a price quote, or more information about a particular vendor (and you have provided BankerAdvice with contact information other than your email address) you: (i) consent and agree to BankerAdvice contacting you by phone at the phone number(s) you provided to us; and (ii) consent to BankerAdvice recording or monitoring such phone calls for quality assurance and/or training purposes.
You agree that all agreements, notices, disclosures, and other communications that BankerAdvice provides to you electronically satisfy any legal requirement that such communications be in writing and/or that they be sent to the recipient’s last known address. While BankerAdvice will endeavor to respond to your inquiries as promptly as possible, you further acknowledge that responses to requests for a demo, price quote or further information may not be immediate, and BankerAdvice makes no guarantee as to the response time.
Intellectual Property Rights
You acknowledge and agree that, as between BankerAdvice and you, with the exception of User Contributions, BankerAdvice is the sole owner of the Website, the Services and the Content and that all intellectual property rights in and to the Website, the Services and the Content, belong exclusively to BankerAdvice or its licensors.
You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website or in the Services and not to rent, lease, loan or sell access to the Services except as expressly permitted in this Agreement.
For purposes of these Terms, "Content" means any work of authorship or information, including, product reviews, vendor reviews, product category taxonomy, comments, opinions, postings, messages, text, files, images, photos, works of authorship, email or other material whether crated by you, another user or BankerAdvice.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms, your right to use the Website or the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, the Content or the Services is transferred to you, and all rights not expressly granted are reserved by BankerAdvice. Any use of the Website, Services or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The BankerAdvice name and logo and all related names, logos, product and service names, designs and slogans are trademarks of BankerAdvice. You must not use such marks without the prior written permission of BankerAdvice. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services (a) in any way that violates any applicable federal, state, local or international law or regulation; (b) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms; (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate BankerAdvice, a company employee, another user or any other person or entity (including, without limitation, by using email addresses or User Credentials associated with any of the foregoing); or (e) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by BankerAdvice, may harm BankerAdvice or users of the Website or Services or expose them to liability.
Additionally, you agree not to: (a) use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Services, including their ability to engage in real time activities through the Website or Services; (b) use any robot, spider or other automatic device, process or means or any manual process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, the Content or any portion of the Services; (c) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (d) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, any server, computer or database connected to the Website or the Services; (e) attack the Website via a denial-of-service attack or a distributed denial-of-service attack or other means; or (f) otherwise attempt to interfere with the proper working of the Website or Services.
The Website provides opportunities for users to upload or provide Content to the Website (the "User Contributions"). All User Contributions must comply with the Content Standards set out in these Terms. By providing User Contributions to the Website, you agree that your User Contributions will be considered non-confidential and non-proprietary, and you grant BankerAdvice the unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free license (with the right to sublicense) to use, copy, reproduce, modify, perform, display, create derivative works of, distribute and otherwise disclose to third parties any such material. You represent and warrant that: (a) you own or control all rights in and to your User Contributions and have the right to grant us the rights specified in this paragraph; (b) that all of your User Contributions do and will comply with these Terms; (c) your submission is accurate to the bet of your knowledge; and (d) if you provide a review, evaluation, or opinion of a product or service, you are not an employee, contractor, agent, channel partner or director of the vendor of such product or service to its affiliate and otherwise have no pecuniary interest in such vendor, product or service. You agree that you will not receive any compensation for the User Contributions you submit to BankerAdvice.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute or that are submitted using Your Credentials, and you, not BankerAdvice, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or Services.
Monitoring and Enforcement; Termination
We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or Services or the public or could create liability for BankerAdvice; (c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services; or (d) terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BANKERADVICE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. BANKERADVICE WILL REPORT ANY ILLEGAL ACTIVITIES ON THE WEBSITE OR IN CONJUNCTION WITH THE SERVICES TO THE APPROPRIATE AUTHORITIES.
BankerAdvice reserves the right but does not undertake to review material before it is posted on the Website. Accordingly, BankerAdvice assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
All User Contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) impersonate any person, or misrepresent your identity or affiliation with any person or organization; or (h) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
BankerAdvice has adopted the following policy toward copyright and intellectual property infringement. The address of our Copyright Agent to receive notification of claimed infringement (“Copyright Agent”) is:
BancAdvice, LLC d/b/a BankerAdvice
Attn: Copyright Agent850 Corporate Parkway
Birmingham, AL 35242
BankerAdvice respects the intellectual property of others, and we ask our users to do the same. If you believe that material residing on the Website or presented as part of the Services infringes your copyright or other intellectual property right, you must send a written notice of the claimed infringement to the Copyright Agent listed above. The notice must specify the type of infringement at issue and include the following information:
- 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest;
- 2. A description of the work that you claim has been infringed upon;
- 3. A description of where the material you claim is infringing is located on the Website or in the Services (in sufficient detail to allow us to locate it on the Website or in the Services);
- 4. Your address, telephone number, and email address;
- 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner of the work, its agent, or the law; and
- 6. A statement by you, made under penalty of perjury, that the above information you submit is accurate and that you are the owner of the intellectual property or authorized to act on the owner's behalf.
Once a proper notice is received by our Copyright Agent, we will investigate the allegations in the notice, and if appropriate, remove or disable access to the allegedly infringing material. Please note that under Section 512(f) of the Copyright Act, any persona who knowingly materially misrepresent that material or activity is infringing may be subject to liability.
Reliance on Information Posted
The information presented on or through the Website or as part of the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or any user of the Services, or by anyone who may be informed of any of the Website or the Services contents.
This Website includes content provided by third parties, including but not limited to, User Contributions. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BankerAdvice, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BankerAdvice. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Interactions and Transactions with Other Users
If you elect to enter into a transaction with another user from the Website, the terms of such transaction and any liabilities associated with such transactions are solely between you and the other user. You agree that BankerAdvice is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of information about you that you have provided to publicly available sections of the Website or Services. If there is a dispute between you and any third party (including all other users) BankerAdvice is under no obligation to become involved; however, BankerAdvice reserves the right, but has no obligation, to monitor disputes between you and others related to the Website, the Services, or any transactions resulting therefrom.
Changes to the Website
We may update this Website, the Services or the Content from time to time, and while we endeavor to ensure that the information on the Website and contained in the Services is current and up to date, we make no warranties or guarantees as to accuracy, completeness or up-to-date status of the Website, Services or Content..
Information About You and Your Visits to the Website
All information we collect on this Website or as part of the Services is subject to our <
Links from the Website
BankerAdvice is based in the state of Alabama in the United States. We provide this Website and the Services for use only by persons located in the United States. We make no claims that the Website, the Services or their Content are accessible or appropriate outside of the United States. Access to the Website or use of the Services may not be legal by certain persons or in certain countries. If you access the Website or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or any part of the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OUR OR YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BANKERADVICE NOR ANY PERSON ASSOCIATED WITH BANKERADVICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BANKERADVICE NOR ANYONE ASSOCIATED WITH BANKERADVICE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BANKERADVICE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL BANKERADVICE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN THE EVENT THIS LIMITATION OF LIABILITY IS DETERMINED TO BE INVALID OR UNENFORCEABLE, BANKERADVICE'S MAXIMUM LIABILITY RELATED TO OR ARISING OUT OF THE WEBSITE, THE SERVICES OR THE CONTENT, REGARDLESS OF THE BASIS FOR THE CLAIM, SHALL BE THE LESSER OF (A) THE FEES YOU PAID TO BANKERADVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $100.00. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless BankerAdvice, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your User Contributions, any use of the Content, Services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website or Services.
Governing Law and Jurisdiction
All matters relating to the Website, the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham or County of Shelby although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Waiver and Severability
No waiver by BankerAdvice of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BankerAdvice to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Your Comments and Concerns
This Website is operated by BankerAdvice with an office located at: 850 Corporate Parkway, Suite 110, Birmingham, AL 35242. All feedback, comments, requests for technical support and other communications relating to the Website or Services should be directed to: firstname.lastname@example.org.