PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this Site is expressly conditioned on your acceptance of the following terms and conditions. By using this Site, you agree to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Site. Please note that these terms and conditions only pertain to your use of this Site. Additional terms and conditions may apply to products and services which may be obtained through the use of this Site. These additional terms and conditions will be provided to you as part of the registration process for those products and services, in the event you elect to become a registered user of this Site.
1. OWNERSHIP. This Web site ("Site") is operated by BANKFIRST, and each of its modules, is the copyrighted property of BANKFIRST and/or its various third party providers and distributors. Some of the content found on this Site is owned by third party providers and distributors. None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of BANKFIRST and/or its third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of BANKFIRST, their respective affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of BANKFIRST or such other party that may own the Trademarks.
2. USE OF SITE. The information and materials contained in this site, and the terms and conditions that appear, are subject to change. Unauthorized use of this site or any other BANKFIRST web site or system including but not limited to unauthorized entry into any systems, misuse of passwords, or misuse of any information posted on sites is strictly prohibited. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your user ID and user password.
4. USER INFORMATION. You will provide information to BANKFIRST during the registration process and during the course of the use of the Site (the "User Information"). You represent and warrant: (1) that all User Information is accurate and complete at the time of registration, and (2) that User Information will be continuously updated such that the User Information shall at all times be current, accurate, and complete.
6. USER CONDUCT. You are solely responsible for all conduct and transmissions that take place under your user name and password. You represent, warrant and covenant that your use of the Site shall not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation; upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law; upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable;
(b) interfere with or disrupt computer networks connected to the Site; interfere with or disrupt the use of the Site by any other user, nor "stalk", threaten, or in any manner harass another user; upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site, or that of other computer systems; use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
(c) impersonate any other person or entity, or make any misrepresentation as to your employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
(e) upload, post, transmit, publish, or distribute any material or information for which you do not have all necessary rights and licenses; upload, post, transmit, publish, or distribute any material which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; or
(f) reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Site, or any component thereof (including, but not limited to any materials or information accessible through the Site).
7. SYSTEM INTEGRITY. BANKFIRST will make reasonable commercial efforts to make the Site available, however, BANKFIRST is not responsible for any service interruptions. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You shall not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. BANKFIRST will not be liable for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
8. EXCLUSION OF WARRANTY. BANKFIRST AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. BANKFIRST AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
9. LIMITATION OF LIABILITY. BANKFIRST ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL BANKFIRST OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BANKFIRST OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, notwithstanding the foregoing, BANKFIRST or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of BANKFIRST and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) any subscription fee or service charge for accessing this Site, or (b) US $100.00. In its sole discretion, BANKFIRST at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
10. INDEMNIFICATION. You shall defend and indemnify BANKFIRST and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site.
12. GOVERNING LAW. Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of South Dakota.
13. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
14. CHANGES TO SITE AND TERMS AND CONDITIONS. You acknowledge and agree that BANKFIRST may change, modify, amend, suspend or discontinue any aspect of the Site, at any time, without notice and without liability to you or to any third party. Further, BANKFIRST reserves the right to impose limits on certain features of the Site, at any time, without notice and without liability to you or to any third party.
Further, you acknowledge and agree that BANKFIRST may amend any or all of the Terms and Conditions (including fees and transaction rules) at any time, at BANKFIRST's sole discretion, without notice. Any amendment of the Terms and Conditions will be reflected on the Site. You are encouraged to periodically review the Terms and Conditions posted on the Site. Use of the Services and the Site constitutes acceptance of the Terms and Conditions, including any amendments thereto.
15. ADDITIONAL TERMS. Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
16. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
17. HEADINGS. The headings used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
18. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.