1. NOTICE. BEFORE USING ANY WEB PAGES, MOBILE APPLICATIONS OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS (THE “AGREEMENT”). THE SITES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF ANY OF THE SITES CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY WEB PAGES AND/OR MOBILE APPLICATIONS THEREIN.
2. AGREEMENT. This Agreement describes the terms and conditions on which FJM Business Solutions LLC, Company, allows access and use of sites operated by Company. Some of the Company web pages and/or mobile applications on the Sites may provide services, features or offers under their own terms and conditions of use and you agree to comply with such terms of use in your use of those services. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You may be asked to execute supplemental agreements, in paper or electronic form, before you are permitted to access or use certain features or functionality within the Sites (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize us to rely upon “checks” or “clicks” in designated locations that are attributable to your password as your consent to the terms of such Supplemental Agreements. This Agreement is in addition to any Supplemental Agreement and is not intended to supersede or modify any such Supplemental Agreement, nor is such Supplemental Agreement intended to supersede or modify this Agreement.
3. LIMITED LICENSE. Company grants you a personal, revocable (at any time), non-exclusive, non-transferable, non-sublicensable, limited license to access, use and display the Sites and the information, graphics, content and materials thereon (“Content”) and any software that may be necessary to use the Sites for your personal use. All right, title and interest in the Sites and the Content is our exclusive property or the property of our licensors. You have no ownership rights in the Content or Sites, which is owned by us or our licensors. The works of authorship contained in the Sites, including, but not limited to, all design, text, sound recordings and images, are owned or licensed by, except as otherwise expressly stated, Company. You acknowledge and agree that the Sites and the Content are protected by copyrights, trademarks, service marks, and other proprietary rights and laws and are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any Content posted at the Sites, but only for your personal, non-commercial use. Except as expressly provided above, all rights are reserved. You may not copy, display, perform, distribute, license, frame, download, modify, publish, report, repost, sell, transmit, store for subsequent use, or otherwise use in whole or in part in any manner the Sites or Content without our express written permission, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended.
4. USE OF CONTENT. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for
commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the Sites, except for the purposes expressly provided herein, without our prior written approval. You acknowledge that we may provide certain portions of the Content under license from our agents, vendors or partners (“Third Party Providers”), and you agree to comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors. Product offers, rates, terms and other Content provided at the Sites are subject to change without notice. Your eligibility for particular products and services is subject to Company's review and acceptance. Not all of the products and services described at the Sites are available in all geographic areas.
Non-deposit investment products, insurance and securities are NOT deposits or obligations of, or insured by, Company or any bank or affiliate, are NOT insured by the FDIC or any agency of the United States and involve INVESTMENT RISK, including POSSIBLE LOSS OF VALUE.
5. DATED AND FORWARD-LOOKING STATEMENTS. Certain information on the Sites may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe,” “expect,” “anticipate,” “optimistic,” “intend,” “aim,” “will” or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. We undertake no obligation to update publically or revise any dated or forward-looking statements.
6. DISCLAIMERS. Company IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE SITES OR THE CONTENT. THE SITES, ALL CONTENT, LINKS AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, M&T MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL M&T OR OUR AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON'S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXIST IN THE SITES, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITES. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITES, IS NOT INTENDED, AND SHOULD NOT BE RELIED
UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
7. LIMIT ON DAMAGES. Company AND OUR THIRD PARTY PROVIDERS, DIRECTORS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES AVAILABLE THROUGH THE SITES OR THE CONTENT, YOUR RELIANCE ON, USE OF OR INABILITY TO USE THE SITES, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER Company IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
8. LINKS TO THIRD PARTY SITES. There shall be no unauthorized links created linking this site or any link within this site to any third party
9. SUBMISSIONS. All information you submit to Company via the Site will be considered to be the property of Company, and Company is free to utilize any information you submit for any purpose. To the extent applicable law does not permit Company to own such information, you hereby grant a perpetual, worldwide, unlimited license to Company to use the information you submit for any purpose.
10. PRIVACY. Use of the Site is governed by our stated privacy policy The Sites are not intended to be used by European Union residents or users under the age of thirteen years.
11. INDEMNITY. You agree to defend, indemnify, and hold harmless Company and its Third Party Providers, directors, officers and employees from and against all claims, liabilities, losses, expenses or other costs, including attorneys' fees, arising out of your violation of any of the terms hereof by you, the content of any message sent using email, your violation of law, your use of the Sites or Content, or your misuse of the Sites, including such violation or misuses conducted by your employee or agent, if applicable.
12. SUSPENSION AND TERMINATION. Company may modify, terminate and/or suspend your access to the Site, the related services or any portion thereof at any time, without notice. Company may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. Company may also at any time discontinue providing the Site, or any part thereof, with or without notice.
13. AMENDMENTS; MODIFICATIONS. Company reserves the right to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Sites. The new terms shall automatically be effective and binding on you 15 days after they are initially posted on the Sites. Your continued use of the Sites after any changes to this Agreement are posted will be considered acceptance of those changes. This Agreement may not otherwise be amended.
14. GOVERNING LAW. This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its principles of conflict of laws. The Sites are not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject Company to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Sites or the Content where such access is illegal or prohibited or where such access would subject M&T or its affiliates to any liability.
15. USE FOR ILLEGAL ACTIVITIES PROHIBITED. As you use the Sites, you agree not to use the Sites:
(a) in violation or attempted violation of the terms herein;
(b) in any manner which could damage, disable, interrupt, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites;
(c) for any illegal activities or attempted illegal activities (Illegal activities include, but are not limited to, tampering with information databases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws, knowledgeable vandalism, destruction of online files, transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to this Site, its users, Company, or computers of any kind.);
(d) Misrepresent your identity in any way;
(e) Violate or attempt to violate the security of this Site (Any such violations may result in criminal and/or civil penalties against you. We may investigate any suspected violation and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations);
(f) for any unsolicited advertising, solicitation, or promotional activities;
(g) to reverse engineer, disassemble or decompile any section or technology on the Sites;
(h) to launch or use any automated system, including without limitation “robots,” “spiders” or “offline readers,” that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
(i) to transmit chain letters, unsolicited messages, “spamming” or “phishing” messages, or messages marketing or advertising goods and services.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sites including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States. We prohibit caching, unauthorized hypertext links to the Sites, and the framing of any Content. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other websites linked to our Sites.
16. GEOGRAPHIC RESTRAINTS. The Sites may not be available or may be limited in some jurisdictions outside the United States. You agree that you will not use the Sites in locations that are prohibited under United States law and regulations, including laws and regulations issued by the Office of Foreign Assets Control.
17. AGREEMENT TO ARBITRATE. All disputes relating to this Agreement, use of the Sites or the Content shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this Agreement shall be held in Erie County New York, under the rules of the American Arbitration Association.
18. THIRD PARTY BENEFICIARIES. To the extent the Content contains data or information provided by Third Party Providers or are otherwise contributed to by Third Party Providers, such Third-Party Providers shall be considered third party beneficiaries of this Agreement.
19. ASSIGNMENT; WAIVER. You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our express written consent. Any instrument purporting to make an assignment or other transfer in violation of this provision shall be null and void. Any forbearance or delay on the part of either party hereto in enforcing any provision of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or of a right to enforce same for such occurrence or any future occurrence.
20. COMPLETE AGREEMENT/NO REPRESENTATIONS. This Agreement constitutes the entire agreement between you and Company relating to your access to and use of the Content and the Sites.
Company's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on Company's part to exercise any power or right given to Company in this Agreement, or a continued course of such conduct on Company's part, shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to Company in this Agreement are cumulative and not exclusive of any other rights or remedies which Company otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by Company. Captions are for convenience only. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The provisions of this Agreement which expressly or by implication are intended to survive its termination will survive and continue to bind both you and Company