BankEquipment.com (tm) Classifieds Access Agreement
Please read this Agreement carefully before
accessing the BankEquipment.com (tm) Classifieds. As a condition
to and in consideration of receiving and accessing the
BankEquipment.com (tm) Classifieds, the User agrees to be bound
by the terms of this Agreement. Use of or access to the
BankEquipment.com (tm) Classifieds shall constitute acceptance
of and agreement to be bound by this Agreement. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE
BankEquipment.com (tm) Classifieds. If you have any questions
about this Agreement, please contact us via e-mail at
info (@) bankequipment.com.
BankEquipment.com (tm) Classifieds Access Agreement
THIS AGREEMENT "Agreement" is entered into by and
between BankEquipment.com (tm) and any individual, corporation,
association, agency, company, or other entity who accesses or
uses the BankEquipment.com (tm) Classifieds (the "User" or
"you").
The BankEquipment.com (tm) Classifieds, which is provided
without charge to you, is a World Wide Web site on the Internet
that is designed to allow users to post classified ads and/or to
view classifieds ads posted by other users or interact with
those users. The BankEquipment.com (tm) Classifieds is owned and
operated by BankEquipment.com (tm). The BankEquipment.com (tm)
Classifieds contains or may contain information, communications,
opinions, text, graphics, links, electronic art, animations,
audio, video, software, photos, music, sounds and other material
and data (collectively, "Content") formatted, organized and
collected in a variety of forms that are generally accessible to
Users, including directories and databases, and areas of the
BankEquipment.com (tm) Classifieds that can be modified by
Users, such as posting ads, uploading multimedia files,
registering user profiles, and creating Auto-Notify profiles
("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the BankEquipment.com (tm) Classifieds.
You are responsible for providing all hardware, software,
telephone or other communications equipment and/or service to
connect to the Internet and access the BankEquipment.com (tm)
Classifieds and are responsible for all Internet access charges,
telephone charges or other fees or charges incurred in
connecting to the Internet and accessing the BankEquipment.com
(tm) Classifieds.
1.2 User Conduct.
You agree to access and use the BankEquipment.com (tm)
Classifieds only for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws,
statutes, rules and regulations, pertaining to (i) your use of
the BankEquipment.com (tm) Classifieds, including any
Interactive Area, (ii) the use of any networks or other services
connected to the BankEquipment.com (tm) Classifieds, and (iii)
the communications means by which you connect your modem,
computer, or other equipment to the BankEquipment.com (tm)
Classifieds. By accessing the BankEquipment.com (tm)
Classifieds, you agree that you will not:
(1) restrict or inhibit any other user from using and
enjoying the Interactive Features;
(2) post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic,
profane, or indecent 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 international law;
(3) post or transmit any information, software, or other
material which violates or infringes in the rights of
others, including material which is an invasion of privacy
or publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission
from the owner or right holder.
(4) post or transmit any information, software or other
material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other
communications that are not your own Content or to otherwise
interfere with the ability of others to access the
BankEquipment.com (tm) Classifieds;
(6) disrupt the normal flow of communication in an
Interactive Area;
(7) claim a relationship with or to speak for any
business, association, institution or other organization for
which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of
your Internet access provider or online service.
2. Intellectual Property Rights
2.1 BankEquipment.com (tm) Classifieds content.
(a) You acknowledge that Content on the BankEquipment.com (tm)
Classifieds is generally provided by the BankEquipment.com (tm)
Classifieds, individual contributors of Content
("Contributors"), third party licensees, and/or other Users. You
acknowledge that the BankEquipment.com (tm) Classifieds permits
access to Content that is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights
("Intellectual Property Rights"), and that these Intellectual
Property Rights are valid and protected in all media existing
now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You acknowledge
that the BankEquipment.com (tm) Classifieds owns a copyright in
the "look and feel," i.e., the selection, coordination,
arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit,
distribute, publish, create derivative works from, display or
otherwise transfer or commercially exploit any of the Content,
in whole or in part, provided, however, that you may (i) make a
reasonable number of digital or other form of copies to permit
your computer hardware and software to access and view the
Content, (ii) print one copy of each piece of Content, (iii)
make and distribute a reasonable number of copies of Content, in
whole or in part, in hard copy or electronic form for internal
use only. Any permitted copies of Content must reproduce in an
unmodified form any notices contained in the Content, such as
all Intellectual Property Right notices, and an original source
attribution to "The BankEquipment.com (tm) Classifieds" and its
URL address. You acknowledge that the BankEquipment.com (tm)
Classifieds, its Contributors, and/or Users remain the owners of
the Content and that you do not acquire any Intellectual
Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit,
post, publish, reproduce or distribute, on or through the
BankEquipment.com (tm) Classifieds only Content that is not
subject to any Intellectual Property Rights, or Content in which
any holder of Intellectual Property Rights has given express
authorization for distribution over the Internet and on the
BankEquipment.com (tm) Classifieds, without restriction
whatsoever. Any Content submitted with the consent of a
copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission." By
submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether it
be You or a third party, has expressly granted to the
BankEquipment.com (tm) Classifieds the royalty-free, perpetual,
irrevocable, non-exclusive, unrestricted, worldwide right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, sublicense, distribute, perform,
and display such Content, in whole or in part, worldwide and/or
to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any
Intellectual Property Rights that may exist in such Content. You
also permit the BankEquipment.com (tm) Classifieds to sublicense
to third parties the unrestricted right to exercise any of the
foregoing rights granted with respect to such Content. You also
permit any User to access, view, store and reproduce the Content
for personal use.
3. Interactive Areas
You acknowledge that the BankEquipment.com (tm) Classifieds may
include various interactive areas ("Interactive Areas"),
including but not limited to classified ads. These Interactive
Areas allow feedback to the BankEquipment.com (tm) Classifieds
and real-time interaction between users. You further understand
that the BankEquipment.com (tm) Classifieds does not control the
messages, information, or files delivered to such Interactive
Areas and that the BankEquipment.com (tm) Classifieds may offer
you and other Users the capability of creating and managing an
Interactive Area. However, neither the BankEquipment.com (tm)
Classifieds, its subsidiary and parent companies, or affiliates,
nor their respective directors, officers, employees and agents
are responsible for Content within any Interactive Area. Your
use and/or management of an Interactive Area will be governed by
this Agreement and any additional rules or operating procedures
of any Interactive Area established by you or another User, as
applicable. You recognize that the BankEquipment.com (tm)
Classifieds cannot, and does not intend to, screen
communications in advance. Moreover, because the
BankEquipment.com (tm) Classifieds encourages open and candid
communication in the Interactive Areas, the BankEquipment.com
(tm) Classifieds cannot determine in advance the accuracy or
conformance to this Agreement of any Content transmitted in an
Interactive Area. The BankEquipment.com (tm) Classifieds is not
responsible for screening, policing, editing, reviewing or
monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that the BankEquipment.com (tm) Classifieds
has the right to monitor any Interactive Area, from time to time
and to disclose any information as necessary to satisfy any law,
regulation or other governmental request, to operate the
Interactive Area, or to protect itself or other Users. If
notified of Content that is alleged not to conform to this
Agreement, the BankEquipment.com (tm) Classifieds may
investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content.
The BankEquipment.com (tm) Classifieds reserves the right to
prohibit conduct, communication or Content within an Interactive
Area, or to edit, refuse to post, or to remove any Content, in
whole or in part, which it deems in its sole discretion to (i)
violate the then-standard provisions of this Agreement or any
other standard, written BankEquipment.com (tm) Classifieds
policy in effect at that time, (ii) be harmful to the rights of
any User, the BankEquipment.com (tm) Classifieds, or other third
parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction with any
policies, guidelines, or practices of the BankEquipment.com (tm)
Classifieds in operating the BankEquipment.com (tm) Classifieds,
or any change in Content, is for you to discontinue accessing
the BankEquipment.com (tm) Classifieds. The BankEquipment.com
(tm) Classifieds may terminate or temporarily suspend your
access to all or any part of the BankEquipment.com (tm)
Classifieds, without notice, for conduct that the
BankEquipment.com (tm) Classifieds believes is a violation of
this Agreement or any policies or guidelines posted by the
BankEquipment.com (tm) Classifieds, or for other conduct which
the BankEquipment.com (tm) Classifieds believes, in its sole
discretion, is harmful to the BankEquipment.com (tm) Classifieds
or other Users. The BankEquipment.com (tm) Classifieds may
discontinue operating the BankEquipment.com (tm) Classifieds and
terminate this Agreement without notice at any time for any
reason in its sole discretion. In the event of termination, you
are no longer authorized to access the BankEquipment.com (tm)
Classifieds, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded
from the BankEquipment.com (tm) Classifieds, as well as the
disclaimers and limitations of liabilities set forth in this
agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of
Liability
5.1 Links. You understand that except for Content, products or
services expressly available at the BankEquipment.com (tm)
Classifieds, neither the BankEquipment.com (tm) Classifieds, its
subsidiary and parent companies, or affiliates, or their
respective directors, officers, employees, and agents controls,
provides, or is responsible for any Content, goods or services
available through sites on the Internet linked to or from the
BankEquipment.com (tm) Classifieds. All such Content, goods and
services are made accessible on the Internet by independent
third parties and are not part of the BankEquipment.com (tm)
Classifieds or controlled by the BankEquipment.com (tm)
Classifieds. The BankEquipment.com (tm) Classifieds neither
endorses nor is responsible for the accuracy, completeness,
usefulness, quality or availability of any Content, goods or
services available on any site linked to or from the
BankEquipment.com (tm) Classifieds, which are the sole
responsibility of such independent third parties, and your use
thereof is solely at your own risk. Neither the
BankEquipment.com (tm) Classifieds, its subsidiary and parent
companies, or affiliates, or their respective directors,
officers, employees, and agents shall be held responsible or
liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused by your use of or reliance on any
Content, goods or services available on any site linked to or
from the BankEquipment.com (tm) Classifieds or your inability to
access the Internet or any site linked to or from the
BankEquipment.com (tm) Classifieds.
5.2 Disclaimer of Warranties. Please use your best judgment
in evaluating all information contained or opinions expressed on
the BankEquipment.com (tm) Classifieds. It is the policy of the
BankEquipment.com (tm) Classifieds not to endorse or oppose any
opinion expressed by a User or Content provided by a User,
Contributor, or other independent party. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE BankEquipment.com (tm) Classifieds IS AT
YOUR SOLE RISK. NEITHER THE BankEquipment.com (tm) Classifieds
NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING
CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT THE
BankEquipment.com (tm) Classifieds OR ANY INTERNET SITE LINKED
TO OR FROM THE BankEquipment.com (tm) Classifieds WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
BankEquipment.com (tm) Classifieds OR ANY INTERNET SITE LINKED
TO OR FROM THE BankEquipment.com (tm) Classifieds OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR
SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION
PROVIDED THROUGH THE BankEquipment.com (tm) Classifieds OR ANY
SITE LINKED TO OR FROM THE . THE BankEquipment.com (tm)
Classifieds IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE
BankEquipment.com (tm) Classifieds, ITS SUBSIDIARY AND PARENT
COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE
LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
UNDER OR ARISING FROM THIS AGREEMENT, THE BankEquipment.com (tm)
Classifieds, OR ANY INTERNET SITE LINKED TO OR FROM THE
BankEquipment.com (tm) Classifieds, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE,
BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR
USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE BankEquipment.com (tm)
Classifieds, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES,
OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE
ON THE CONTENT CONTAINED WITHIN THE BankEquipment.com (tm)
Classifieds OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE
LINKED TO OR FROM THE BankEquipment.com (tm) Classifieds. THE
CONTENT WITHIN THE BankEquipment.com (tm) Classifieds AND THE
CONTENT WITHIN INTERNET SITES LINKED TO OR FROM THE
BankEquipment.com (tm) Classifieds MAY INCLUDE TECHNICAL OR
OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF THE BankEquipment.com (tm)
Classifieds AND SPECIFICALLY ARE INCLUDED IN THIS SECTION
AGREEMENT. THE BankEquipment.com (tm) Classifieds AND ITS
CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT
AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE
BankEquipment.com (tm) Classifieds IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT
OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY BankEquipment.com
(tm) Classifieds SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF
THE BankEquipment.com (tm) Classifieds, IN WHOLE OR IN PART,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
BankEquipment.com (tm) Classifieds.
6. Indemnity
You agree to indemnify and hold the BankEquipment.com (tm)
Classifieds, its parent or subsidiary companies and their
affiliates, and their respective directors, officers, employees,
and agents from any and all liabilities, claims and expenses,
including reasonable attorneys fees, arising from breach of this
Agreement, any other policy, your use or access of the
BankEquipment.com (tm) Classifieds or any Internet site linked
to or from the BankEquipment.com (tm) Classifieds, or in
connection with the transmission of any Content on the
BankEquipment.com (tm) Classifieds.
7. Miscellaneous
This Agreement comprises the entire agreement between the
BankEquipment.com (tm) Classifieds and you, and supersedes any
prior agreements with respect to the subject matter herein. The
BankEquipment.com (tm) Classifieds may revise this Agreement or
any other policy at any time and from time to time, and such
revision shall be effective two (2) days upon posting notice of
such revision prominently on the BankEquipment.com (tm)
Classifieds. You agree to review this Agreement periodically to
be aware of such revisions. If any such revision is unacceptable
to you, you must discontinue accessing the BankEquipment.com
(tm) Classifieds. Your continued accessing and use of the
BankEquipment.com (tm) Classifieds following notice of any such
revision shall conclusively be deemed acceptance of all such
revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2,
5.3, 6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other
policy be held invalid or unenforceable, that portion shall be
construed in accordance with applicable law as nearly as
possible to reflect the original intention of the parties and
the remaining portions will continue in full force and effect.
The failure of the BankEquipment.com (tm) Classifieds to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. This Agreement shall be governed by the laws of the state
or province of domicile of the BankEquipment.com (tm)
Classifieds, excluding its conflict of laws rules, and you and
the BankEquipment.com (tm) Classifieds each submit to the
exclusive jurisdiction of the courts of that state or province.
This Agreement is personal to you and you may not assign your
rights or obligations thereunder to anyone. All logos, brand
names, products, trademarks and service marks appearing herein
may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to
or from the BankEquipment.com (tm) Classifieds have been done
strictly for clarification and identification and does not
constitute endorsement by the BankEquipment.com (tm) Classifieds
of the products, services or information offered by the owner of
such trademark, service mark or link or endorsement of the
BankEquipment.com (tm) Classifieds by such trademark, service
mark or link owner. |