1. Rules and Regulations
banc-serv appreciates your visit to this web site (“Site”). The following rules and regulations apply to all visitors to or users of the Site. For purposes of accessing and browsing this Site, you accept, without limitation or qualification, these terms and provisions and acknowledge that, with regard to your access to or use of this Site, no other agreements between you and banc-serv are of any force or effect. These rules and regulations apply to all visits to the Site, both now and in the future.
2. Compliance With Applicable Laws; Export Control Laws
The user’s access to this Site is governed by all applicable federal, state, and local laws. All information available on the Site is subject to U.S. Export Control laws and may also be subject to the laws of the country where you reside.
The trademarks, service marks, and logos (“Marks”) displayed on this Site are the property of banc-serv or are used with the permission of the appropriate third party. Users are not permitted to use these Marks without the prior written consent of banc-serv or such third party that may own the Mark.
4. Information Provided to banc-serv
banc-serv does not want you to, and you should not, send any confidential or proprietary information to banc-serv via the Site. Any submission by you to banc-serv, including but not limited to questions, comments, suggestions, and the like shall be deemed to be non- confidential and shall become the property of banc-serv. Furthermore, by your submission, you grant to banc-serv an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. banc-serv shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
5. Links to Third Party Sites
This Site may contain links to web sites of third parties. Access to any other web site linked to this Site is at the user’s own risk, and banc-serv is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Rather, banc-serv provides these links merely as a convenience to you, and the inclusion of such links does not imply banc-serv’s endorsement of the site(s).
6. Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL banc-serv BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE
MERCHANDISE PROVIDED ON OR THROUGH THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, HOWEVER, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. banc-serv’s total liability to you for all losses, damages, claims, and causes of action (whether in contract, tort, or otherwise) will not exceed the direct incremental amount, if any, that you paid to banc-serv for the specific purpose of accessing the Site.
banc-serv makes no warranty or guarantee concerning the accuracy or reliability of the content of the Site or other sites to which the Site links. RATHER, THE SITE AND THE INFORMATION, SOFTWARE, AND OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON- INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, banc-serv DOES NOT WARRANT THAT THE WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, HOWEVER, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
9.2 If a Dispute arises, banc-serv and the user agree to submit such Dispute to binding arbitration only, to be conducted pursuant to the rules of the American Arbitration Association, such arbitration to be held in Indianapolis, Indiana. Notwithstanding the preceding sentence, in the event that third parties are necessary to achieve a just adjudication of the issues, either party may commence a civil action in a court of competent jurisdiction having jurisdiction over all such parties. The parties are entitled to limited discovery under the local rules of civil procedure for courts of general jurisdiction. The parties further agree that any monetary award may be reduced to judgment and docketed in any court of competent jurisdiction without objection and execution had thereon.
9.3 No arbitration or action with regard to a Dispute may be brought more than (1) year after the Dispute, claim, or cause of action arose.
10. Governing Law
By accessing and browsing this Site, you agree that Indiana law, without regard to its conflict of law principles, will apply to all matters relating to the use of this Site. You and banc-serv also agree and hereby submit to the exclusive personal jurisdiction of the district courts of the State of Indiana and/or the Federal District Court in and for the State of Indiana with respect to all actions pertaining to any and all Disputes. Furthermore, you and banc-serv agree that, for purposes of all Disputes, venue shall be in Marion County, State of Indiana for state court matters and in Marion County, State of Indiana for federal court matters.
As you access and use banc-serv’s Site, banc-serv may request from you certain information, such as your name, e-mail address, company name, company address, and telephone number (“Personal Data”). This Personal Data is needed to provide to you a product or a service or to carry out a transaction that you have requested.
2. Cookies and Other Tracking Technologies
This Site may use cookie and tracking technology. A “cookie” is a small data file that the Site places on your computer’s hard drive for identification purposes. These data files include information that allows our Site to remember important information that will make your use of our Site more efficient and useful to you.
3. How banc-serv Uses The Personal Data
banc-serv uses Personal Data in several ways: to fubanc-servill your requests for certain products and services; to personalize your experience on our Site; to keep you up-to-date on the latest product announcements; and to provide to you other information that we think you would like to hear about from us. We may also use your Personal Data to send to you direct marketing information or to contact you for market research.
4. Disclosure to Third Parties
If you request something from the Site (e.g., a product, a service, specific marketing materials, etc.), we may use your Personal Data to fubanc-servill your request. To help us do this, we may share your Personal Data with third parties to provide certain services (e.g., marketing services) on our behabanc-serv. In such cases, however, the third parties are prohibited from using your Personal Data for any other purpose. To describe our services to advertisers, vendors, and other reputable third parties and for other lawful purposes, banc-serv may disclose aggregate statistics about our Site visitors, customers, and sales. But these statistics will include no Personal Data. banc-serv may disclose Personal Data if required to do so by law or if banc-serv believes that such action is necessary to protect and defend the rights, property, or personal safety of banc-serv, the Site, or its visitors. banc-serv may disclose your Personal Data in the event of any sale or transfer of its business or its assets.
Privacy Contact Information
Name: Chad Griffin
Email address: firstname.lastname@example.org