1. Laws and Regulations
Except to the extent that federal law may govern, these Terms and your access to and use of this Site are governed by, interpreted,construed, and enforced in accordance with the laws of the State of California, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Alameda, California, USA, in the event of any dispute arising under these Terms or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue. The provisions of these Terms are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms, and these Terms will be construed as if such unenforceable provision had not been contained herein. No waiver by Banks Enterprise.org, of any right under or provision of these Terms will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time.
2. Copyright and Trademarks
This Site and all information, documentation, and other content posted in or on this Site are subject to copyright laws governed by the U.S. of America. Banks Enterprise as a business entity and Banks Enterprise.org. are covered under such laws. All rights reserved.
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Banks Enterprise as a business entity and Banks Enterprise.org. The graphics, icons, and overall appearance of this Site are the property Banks Enterprise as a business entity and Banks Enterprise.org. The posting of information, documentation, and other content does not constitute a waiver of any of Banks Enterprise’s proprietary rights in such information, documentation, and other
content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation,and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information,documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Banks Enterprise. You may view,print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Banks Enterprise reserve the right to revoke this authorization at any time.
BANKS ENTERPRISE, the BANKS ENTERPRISE.ORG logo, and other names of BANKS ENTERPRISE.ORG’s products and services referenced herein are trademarks or registered trademarks of Banks Enterprise.org. All other products, services, and company names mentioned herein are the trademarks oftheir respective owners.
Banks Enterprise assume no responsibility for errors or omissions in the contents, functions, materials, information, products, or services contained or described on or accessed through this Site (collectively, the “Information”). Such Information is subject to change at any time without notice, and these Terms apply automatically to any new or modified Information.
Banks Enterprise do not guarantee, represent, or warrant that the Information, text, graphics, links, or other items contained or described on this Site are or will be accurate, complete, current, reliable, or suitable for any particular purpose, that your access will be uninterrupted, that the Information is free of computer viruses, or that this Site cannot be tampered with by third parties. The Information is not intended to be legal, tax or financial advice, and Banks Enterprise disclaim all responsibility for any claims arising from reliance on the Information.
Banks Enterprise.org does not guarantee and makes no representations or warranties concerning its ability to prevent unauthorized access to or tampering with the Site or information accessible through the Site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure, and communications to and from you may be read, used, or intercepted by others.
THIS SITE AND ALL INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
BANKS ENTERPRISE SHALL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, OR DATA, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, OR OTHER TORT THAT MAY RESULT FROM OR BE RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ANY WEB SITE OPERATED BY A THIRD PARTY, OR THE INFORMATION CONTAINED ON THIS SITE OR ANY OTHER WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE LIABILITY OF BANKS ENTERPRISE TO YOU UNDER THIS AGREEMENT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO BANKS ENTERPRISE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $500.00.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR ANY SITE-RELATED SERVICES IS TO STOP USING THIS SITE AND/OR THOSE SERVICES
CONTAINED ON THIS SITE.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your ownrisk. Banks Enterprise do not endorse, and Banks Enterprise.org are not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Banks Enterprise is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Banks Enterprise shall not be responsible or liable, directly or indirectly, for any amage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Banks Enterprise and content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
5. User Conduct
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that Banks Enterprise may terminate your use of the Site in Banks Enterprise’s sole discretion for any reason.
You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify Banks Enterprise of any unauthorized use of your password or account, or any other breach of security of which you become aware.
You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Banks Enterprise or Banks Enterprise.org has no obligation to monitor the Site; however, you acknowledge and agree that Banks Enterprise and Banks Enterprise.org has the right to monitor the Site
electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site
properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Banks Enterprise; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.