Big City Banking
Small Town Service
2. Limitations. Website Owner encourages the use, display, and distribution of information posted by Website Owner for consumers on the Website, including any information related to products or services provided through or obtained from the Website ("Content"), on appropriate social media sites, such as Facebook and Twitter, and for use by media outlets for news stories. User may also create a Link on User's Website, pursuant to and which terms are defined in Section 8 of this Agreement. Notwithstanding any of the foregoing, User's rights under this Section 2 and under Section 8 are subject to the following limitations:
- User may not modify or repurpose any Content.
- User may not frame any Content in another website, or post any Content or make any statements that expressly or otherwise imply or suggest (i) an affiliation between User and Website Owner, or (ii) a sponsorship or endorsement of User, User's products or services, the content of User's website, or the content of any other website by Website Owner, all without the prior written consent of Website Owner.
- User may not, either directly or indirectly, (i) misrepresent User's relationship with Website Owner or present false or misleading impressions about Website Owner's products or services, or (ii) disparage the Website or Website Owner or display Content or a Link in any manner that diminishes Website Owner's goodwill.
- User agrees to give attribution to Website Owner for any Content posted on any social media site.
- User may not circumvent any technological measures or features of the Website that are intended to or effectively control access to the Website, or any Content, nor shall User create frames around the Website or otherwise alter the visual presentation of the Website.
- The Website may contain robot exclusion headers. Except for searches through reputable search engines, such as Google, Bing and Yahoo, User agrees to not use any robot, spider, scraper or other automated means to access the Website for any purpose without the Website Owner's express prior written consent. Additionally, User agrees to not use any mechanism to scrape data from the Website for any purpose without the Website Owner's express prior written consent.
- User will not take any action that imposes or may impose, in the Website Owner's sole discretion, an unreasonable or disproportionately large load on the Website Owner's infrastructure or interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
- Any Content or User's Website that contains a Link may not be used for any illegal or unethical purposes, including in connection with any phishing, fraud, or deception, nor may such User's Website contain or display any material that is inappropriate for a professional website.
- Website Owner reserves the right to refuse the use of or access to the Website for any User for any reason in Website Owner's sole discretion.
- Information Collected and Its Use. User acknowledges and agrees that Website Owner will collect information about User, including personal information such as name, email address, bank account number, password, and other information that may be used to identify and authenticate User, as well as for other purposes.
- Cookies. The Website also employs cookies. In general, a “cookie” is a small piece of text data stored on the viewer’s computer by a website, to give the viewer’s computer a unique identity while the website performs certain processes, such as filling an online member form, or calculating the number of unique visitors at a given time. Cookies may contain personal information, like email addresses, usernames, or passwords, or completely anonymous information, like a randomly generated number. They may be deleted once the viewer leaves a site, a section of a site, or closes the browser; or they may remain, so that the website remembers the viewer the next time the viewer visits that site. Most browsers allow the viewer to decline cookies automatically or to accept or decline each cookie individually. If User chooses to decline cookies from the Website, however, User may not be able to use some sections of the Website or it may hinder the Website’s functions.
- Sharing Information. User acknowledges and agrees that Website Owner may be required to share the User’s personal information with the government or third parties under certain circumstances. Website Owner cooperates with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights. Website Owner can, and User hereby authorizes Website Owner to, disclose any information about User to law enforcement or other government officials as Website Owner, in its sole discretion, believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement or other activity that is illegal or may expose Website Owner or User to liability.
6. Intellectual Property Ownership.
Notwithstanding the prohibition to use the Marks set forth in Section 6.a6.a of this
Agreement, Website Owner hereby grants to User a non-exclusive, non-transferable, revocable
license to use the Marks for the sole purpose of (i) identifying the source of any Content
displayed or posted by User on any other website to Website Owner pursuant to Section 2.c2.d
of this Agreement., (ii) or identifying a product or service offered by Website Owner. When
User displays any such Marks, User shall also post a statement on the same webpage that is
identical or similar in substance and form to the following: , as applicable:
[Mark]®“[MyRate Checking® or SaveSmart Direct®]® is a federally registered trademark of Bank of American Fork.”
“[AccountSmart, Bank of American Fork, Big City Banking—Small Town Service, BizSmart, BizSmart Advantage, CheckSmart, Community Interest, Equi-Loan, ExpressDeposit, Tele-Banking, or ExpressCollect]TM is a trademark of Bank of American Fork”
7. Links to Other Websites. The Website may contain links to or be linked from other websites and resources located on servers maintained by third parties over which Website Owner has no control (“Linked Websites”). The Linked Websites are provided for User’s convenience and information only and, as such, User accesses them at its own risk. User agrees and acknowledges that the Website Owner is not responsible for, and does not endorse or warrant, the content of or anything that may be delivered to User or User’s computer as a result of accessing any Linked Websites, whether or not the Website Owner is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, User shall waive any claims related to, and the Website Owner is not responsible and shall have no liability for, User’s access of any information on or use of the Linked Websites, including but not limited to, any viruses or other illicit code that may be downloaded through a Linked Website, or by accessing a Linked Website.
8. Terms for Creation of a Link.
- User acknowledges and agrees that User is not a publisher, distributor, agent, partner, franchiser or endorser of the Website, and Website Owner is not a publisher, distributor, agent, franchiser or endorser of User’s Website. Website Owner retains exclusive editorial control over the Website and has the right to make administrative or operational decisions it deems necessary or desirable in the normal course of business.
- User warrants to Website Owner that (1) User has duly registered the domain name of User’s Website with all applicable authorities and/or has a license to use User’s Website, and User possesses all rights necessary to use such domain name for User’s Website; and (2) the content of and materials placed on or within User’s Website, and any hyperlinks on User’s Website, do not and will not (i) infringe upon, misappropriate, or violate any United States copyright, patent, trademark or other proprietary right of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary right of a third party.
- Make any copies of the Website, or any portion of the Website, including any specific information included in the Website;
- Download, distribute, export, or transmit the Website, or any portion of the Website, including any information included in the Website, to any computer or other electronic device, or transmit electronically, or otherwise, the Website, or any portion of the Website, including any information included in the Website; or
- Publicly display the Website, or any portion of the Website, including any information included in the Website.
12. Representations, Warranties, and Covenants. User represents, warrants, and covenants the following:
- User shall not use its account to breach the security or gain access to the account of any other User or any password protected, secure or non-public areas of the Website.
15. Limitation of Liability.
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE WEBSITE OWNER BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE OWNER DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE WEBSITE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S OR OTHER THIRD PARTIES’ CONNECTIONS TO THE INTERNET, OR PORTIONS OF THE INTERNET. ALTHOUGH THE WEBSITE OWNER WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, THE WEBSITE OWNER CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE WEBSITE OWNER DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
- Notices. All notices, demands, or consents required or permitted under these Terms
of Use shall be in writing and shall be delivered personally; sent by registered
or certified mail, return receipt requested; or by a reputable overnight courier
service, to the appropriate party at the following addresses:
If to User:
At User’s street address or e-mail maintained by the Website Owner.
If to the Website Owner:
- User’s Website has the meaning set forth in Section 8.a.
- Link has the meaning set forth in Section 8.a.
- Linked Website has the meaning set forth in Section 7.
- Marks has the meaning set forth in Section 6.a.