Terms of Service

Welcome to the BankAround.com Web Site: BankAround.com is a trademark of its owner ("BankAround.com's Owner"). The services and features provided via BankAround.com's web site are subject to the following terms and conditions. This is a legal Agreement between you, the user, and BankAround.com's owner ("us", "we", "our"). Please take the time to read this Agreement carefully. Your exploration of the BankAround.com web site and use of our services is your acknowledgment that you have read and agree to be bound by these terms and conditions. The companies listed on search results on this web site, and/or advertisers listed on advertisements placed on this web site, may not be affiliated with us.

Privacy Policy

Please also review the Privacy Policy related to this web site, a copy of which is incorporated into this Agreement and available on this web site. All information provided by you is governed by this Privacy Policy. By using our web site and services, you are expressly agreeing to our use and disclosure of the information you provide (whether or not personally identifiable information), and any other information you provide as described in the Privacy Policy. We do not solicit nor knowingly gather any personally identifiable information [PII]. When you submit your information, you represent to us that it is true and complete. Among other things, accurate information helps us to provide better services to you.

Use of the Web Site and Services

When you access the BankAround.com web site, we provide you with the opportunity to take advantage of our services and features contingent upon your acceptance of certain conditions. You may also be required, from time to time, to enter into special additional agreements, before being permitted to access certain of our services. Such special agreements are in addition to these general terms of use and will govern your use of the respective service, and in the event of a conflict between these general terms of use and the special specific service terms and conditions, the special specific service terms and conditions will prevail.
By accessing the web site or otherwise using the services, you acknowledge that you have read, understand and agree to be bound by these general terms of use and any applicable special service terms and conditions. If you do not agree with any of these general terms of use or the special specific services terms and conditions, you will not be able to continue further access to the web site or use the services. We reserve the right, at our sole discretion, to modify these terms and conditions of use, including the special specific services terms and conditions, at any time by posting a modified version on the web site. You agree to be bound by the modified terms and conditions through your continued access to the web site or use of the respective services.

Search Results and Linked Web Sites

Our web site may contain links to third party web sites that are only offered as a convenience to you. For example, the BankAround.com web site may display search results or links to third party web sites that are gathered and indexed by our systems and computers as a result of a user query ("Search Results"). Those Search Results and third party web sites are not under our control and we are not responsible or liable for any content on any linked web site or the products/services offered. Our inclusion of third party links does not imply, either directly or indirectly, that we endorse, make any representations or warranties, or accept any responsibility or liability for the goods, resources, services, or content on those web sites. If you access a third party web site from our web site, then you do so with the understanding that it is solely at your risk, if any.

Use Restrictions

With your access and use of this web site and the services, you agree to use the web site and services only for lawful purposes. You also agree that you will not: (a) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our web site or services; (b) modify or make derivative works or translations based upon our web site or services; or (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of our web site or services, or authorize any third party to do any of the foregoing. You may not take BankAround.com Search Results and reformat and display them, or mirror the BankAround.com homepage or Search Results on your own web site or any other third party web site.

Your Other Responsibilities

You agree not to interfere with or disrupt the BankAround.com services, servers or networks connected to the BankAround.com services, or disobey any requirements, procedures, policies, or regulations of networks connected to the BankAround.com services. Without our prior written permission, you may not: (a) allow, enable, or otherwise support the transmission of unsolicited commercial advertising or solicitations via e-mail (spam) from, to, or using the BankAround.com services; or (b) frame the BankAround.com services, the BankAround.com homepage, or the Search Results, place pop-up windows over such pages, or otherwise affect the display of such pages.

Copyright and Trademarks

We own the rights, title, and interest in and to the BankAround.com web site, trade name, and services, including the related intellectual property rights therein. Intellectual property rights include all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names, logos, and any other worldwide intellectual property and database protection rights. Furthermore, the BankAround.com name and logo are our trademarks, and no right or license is granted to you herein to use such trademarks, logo, service marks or trade names. We respect the intellectual property of others and we ask our users to do the same. We may, in appropriate circumstances, remove copyrighted material and trademarks/trade names from its web site which may infringe the rights of others.

Representations and Warranties

You represent, warrant and covenant that: (1) You have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of a company or other entity, you have the legal right to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform your obligations under this Agreement and to grant the rights described in this Agreement and in any applicable additional Agreement(s) you enter into in connection with our web site and any of our services; (3) All information that you provide to us in connection with this Agreement and your access to our web site and use of the services is correct and current.

Indemnification

You agree to indemnify, defend, and hold BankAround.com's Owner, and each of its respective employees, officers, directors, agents, representatives, shareholders and affiliates (the "Indemnified Parties"), harmless from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any of those Indemnified Parties arising from: (a) your accessing the BankAround.com web site or use of our services including any materials disseminated or transmitted by you and/or your affiliates; (b) your breach of any term of this Agreement or any applicable special service terms and conditions; (c) your negligence or intentional acts or misconduct hereunder; or (d) any information you provide infringes the rights of any third party. We will provide you with appropriate notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at our expense.

Warranty Disclaimer

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES WHATSOEVER. YOU ALSO RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE WEB SITE AND USE OF THE SERVICES AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY, FROM TIME TO TIME, OCCUR. ACCORDINGLY, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE WEB SITE OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA USED BY YOU; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY OUR REPRESENTATIVE WILL MODIFY OR INCREASE THE SCOPE OF THIS SECTION OR CREATE ANY WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO THE BANKAROUND.COM WEB SITE AND USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE WEB SITE AND/OR USE OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR ACCESS TO THE WEB SITE, THE INFORMATION THEREON, USE OF THE SERVICES, THE THIRD PARTY LINKS, IF ANY, OR THESE TERMS OF USE, THE SPECIAL SPECIFIC SERVICES TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE WEB SITE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.

General Provisions

These General Terms of Use, the Privacy Policy, along with the special specific services terms and conditions, constitute the complete and exclusive statement of the agreement between us and you regarding your access to the web site and use of the services and supersede any other Agreement or proposal, oral or written (including information on our web site), and any other communications between us and you. These general terms of use will be governed by the laws of the Commonwealth of Massachusetts without regard to conflicts of law principles. All disputes arising under this Agreement must be brought in the state or federal courts located in Massachusetts, USA. Each party irrevocably hereby consents to the jurisdiction and venue of any such court in any such action or proceeding. There are no third party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without our prior written consent. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.
We reserve the right, at our sole discretion, to terminate your access to any part of the web site or your access to the services with or without notice to you and with or without cause. Upon termination of your access and use under this Agreement, all rights granted to you under this Agreement will immediately cease to exist. Any term by its nature intended to survive termination of this Agreement survives termination of this Agreement, including (without limitation) confidentiality.

Notices

Any notice by you under these general terms of use must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to the address set forth on the web site. Such notice will be effective upon receipt or three (3) business days after being deposited in the mail, whichever occurs sooner. We may deliver a notice to you by posting a general notice on the web site, which will be effective forty-eight (48) hours after posting to the web site.