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Terms of Use
Agreement Between User And CBAO And/Or CBAO Services Inc.
The Independent Bankers Association of Texas and CBAO Services Inc. web sites are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the CBAO and CBAO Services Inc. web sites constitutes your agreement to all such terms, conditions and notices. Additionally, the CBAO and CBAO Services Inc. web sites may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features.
Modification Of These Terms Of Use
CBAO and CBAO Services Inc. reserve the right to change the CBAO and CBAO Services Inc. web sites as well as the terms, conditions and notices under which the CBAO and CBAO Services Inc. web sites is offered, including but not limited to any charges associated with the use of the CBAO and CBAO Services Inc. web sites. You are responsible
for regularly reviewing these terms and conditions.
Personal And Non-Commercial Use Limitation
Unless otherwise specified, the CBAO and CBAO Services Inc. web sites are for your personal and
non-commercial use. The CBAO and CBAO Services Inc. grant you a limited, revocable and nonexclusive license to access and make personal use of the CBAO
and CBAO Services Inc. web sites. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the CBAO and CBAO Services Inc. web sites without express written consent from CBAO and CBAO
Services Inc. You may not create a hyperlink to the CBAO and CBAO Services Inc. web sites without express written consent from the CBAO and CBAO Services Inc.
If you use the CBAO and CBAO Services Inc. web sites, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Trademarks And Copyrights
All content on the CBAO and CBAO Services Inc. web sites, including but not limited to text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of CBAO and CBAO Services Inc. or its content suppliers and protected by United States copyright laws.
CBAO, INDEPENDENT BANKERS ASSOCIATION OF TEXAS, CBAO SERVICES INC. and other marks indicated on the CBAO
and CBAO Services Inc. web sites are trademarks of CBAO and CBAO Services Inc. or its affiliates, in the United States. The CBAO and CBAO Services Inc. graphics, logos, page headers, button icons, scripts and services names are trademarks and trade dress of CBAO and CBAO Services Inc. or its affiliates. The CBAO and CBAO Services Inc. trademarks and trade dress may not be used in connection with any
other party's product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to CBAO or CBAO Services Inc. All other marks not owned by CBAO or CBAO Services Inc. or its affiliates are the property of their respective owners.
You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary
information of CBAO or CBAO Services Inc. or its affiliates without express written consent. You may not use any meta tags or any other "hidden
text" utilizing the CBAO or CBAO Services Inc. name or trademarks without CBAO or CBAO Services Inc. express written consent.
Notice Of Copyright Infringement
CBAO and CBAO Services Inc. respect the intellectual property rights of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that constitutes copyright or trademark infringement, please mail the following information to Legal Department, Independent Bankers Association of Texas, 1700 Rio Grande Street, Suite 100, Austin, Texas 78701 (Phone: 512/474-6889, Fax:
512/322-9004).
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Children
The CBAO and CBAO Services Inc. web sites do not sell products for purchase by children. Our products are only for purchase by adults. If you are under 18, you may use the CBAO and CBAO Services Inc. web sites only with the supervision of a parent or guardian.
Links To Third Party Sites
The CBAO and CBAO Services Inc. web sites contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of CBAO or CBAO Services Inc., and CBAO and CBAO Services Inc. are not responsible for the content of any Linked Site,
including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. CBAO and CBAO Services Inc. are not responsible
for webcasting or any other form of transmission received from any Linked Site. CBAO and CBAO Services Inc. are providing these links to you only as a convenience, and the inclusion of any link, unless otherwise indicated, does not imply endorsement by CBAO or CBAO Services Inc. of the Linked Site or any association with the Linked Site's operators. You should carefully review the
Linked Site's privacy statements and other conditions of use.
No Unlawful Or Prohibited Use
As a condition of your use of the CBAO and CBAO Services Inc. web sites, you warrant to CBAO and CBAO
Services Inc. that you will not use the CBAO and CBAO Services Inc. web sites for any purpose that is unlawful or prohibited by these terms, conditions and
notices. You may not use the CBAO or CBAO Services Inc. web sites in any manner which could damage, disable, overburden, or impair the CBAO or CBAO Services Inc. web sites or interfere with any other party's use and enjoyment of the CBAO and CBAO Services Inc. web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available
or provided for through the CBAO and CBAO Services Inc. web sites.
Use Of Communication Services
The CBAO and CBAO Services Inc. web sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). Your use of the CBAO and CBAO Services Inc. web sites constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct, send or forward surveys, contests,
pyramid schemes, chain letters, mass mailings or any form of "spam";
- Download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal
or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- Violate any applicable laws or regulations.
If you post or submit any content or material to the CBAO or CBAO Services Inc. web sites and/or through
the Communication Services, you thereby grant CBAO and CBAO Services Inc. and its agents and affiliates a nonexclusive, royalty-free, perpetual, irrevocable
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or
material throughout the world in any media. You also grant CBAO and CBAO Services Inc. and its agents, affiliates and sublicensees the right to use the
name under which you submitted such content or material. You represent and warrant that you own or otherwise control all of the rights to the content or
material that you post or submit, that the content is accurate, that use of the content does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify CBAO and CBAO Services Inc. or its agents or affiliates for all claims resulting from content you supply. CBAO and CBAO Services Inc. have no obligation to monitor the Communication Services. However, CBAO and CBAO Services Inc. reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CBAO and CBAO Services Inc. reserve the right to terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
CBAO and CBAO Services Inc. reserve the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CBAO's and CBAO Services Inc.'s sole discretion.
Risk Of Loss And Product Descriptions
All items purchased from CBAO and CBAO Services Inc. are made pursuant to a shipment contract. This
means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
CBAO and CBAO Services Inc. and its affiliates try to be as accurate as possible in describing products
offered for sale to users. However, CBAO and CBAO Services Inc. do not warrant that product descriptions or other content of the CBAO and CBAO Services Inc. web sites are accurate, complete, reliable, current or error-free. If a product
offered by CBAO and CBAO Services Inc. themselves is not as described, your sole remedy is to return the product in unused condition.
Liability Disclaimer
THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CBAO AND CBAO SERVICES INC. WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THESE TERMS OF USE AND TO THE CONTENT ON THE SBA SITE. CBAO AND CBAO SERVICES INC. AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CBAO AND CBAO SERVICES INC. WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE CBAO OR CBAO SERVICES INC. WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CBAO AND CBAO SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE CBAO AND CBAO SERVICES INC. WEB SITES OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
CBAO AND CBAO SERVICES INC. WEB SITES. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS"; WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE CBAO AND CBAO SERVICES INC. WEB SITES IS AT YOUR SOLE RISK. CBAO AND CBAO SERVICES INC. DO NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM CBAO OR CBAO SERVICES INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CBAO AND/OR CBAO SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL CBAO AND/OR CBAO SERVICES INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CBAO OR CBAO SERVICES INC. WEB SITES, WITH THE DELAY OR INABILITY TO USE THE CBAO OR CBAO SERVICES INC. WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CBAO OR CBAO SERVICES INC.
WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE CBAO OR CBAO SERVICES INC. WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF CBAO OR CBAO SERVICES INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CBAO OR CBAO SERVICES INC. WEB SITES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CBAO OR CBAO SERVICES INC. WEB SITES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting the CBAO or CBAO Services Inc. web sites, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising between you and CBAO or CBAO Services Inc. or its affiliates.
Dispute Resolution
Any dispute relating in any way to the CBAO or CBAO Services Inc. web sites or to products you purchase
through the CBAO or CBAO Services Inc. web sites shall be submitted to confidential arbitration in Austin, Texas, except that, to the extent you have
in any manner violated or threatened to violate CBAO's or CBAO Services Inc.'s intellectual property rights, CBAO may seek injunctive relief or other
appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement,
whether through class arbitration proceedings or otherwise.
Severability
If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any
reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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