Disclaimers and Important Terms and Conditions Before using the Sites, you should carefully read the following terms and conditions. The Sites is provided for information purposes only.
1. LIMITED LICENSE.
ONE Bank grants you a non-exclusive, non-transferable, limited license to access, use and display the Sites and the content and materials thereon ("Content") and any software that may be necessary to use the Sites. You acknowledge and agree that the Sites and the Content are protected by copyrights, trademarks, service marks, patents or 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. Use of any of our trademarks as metatags on other Web sites or otherwise is also strictly prohibited. You may not display the Sites, or any portion thereof, in frames (or any of the Content via on-line links) without our express written permission.
2. CONTENT SUBJECT TO CHANGE.
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 ONE Bank review and acceptance. Not all of the products and services described at the Sites are available in all geographic areas.
4. LIMIT ON DAMAGES.
WE AND OUR AGENTS, 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 THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES AVAILABLE THROUGH THE SITES OR THE CONTENT REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER WE ARE 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.
5. LINKS TO THIRD PARTY SITES.
As a convenience to you, ONE BANK may provide links to Web sites operated by entities other than ONE BANK ("Linked Sites"). The Linked Sites are not under the control of ONE BANK. If you use a Linked Site, you will leave the Sites. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the Linked Sites. ONE BANK makes no warranty or representation regarding, and does not endorse or is responsible for, any Linked Site or the information appearing thereon or any of the products or services described thereon. Links to Linked Sites do not imply that ONE BANK sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ONE BANK.
You agree to indemnify ONE BANK and its directors, officers and employees against any liabilities, losses, expenses or other costs ONE BANK incurs arising from a breach of any of the terms hereof by you and for the content of any message sent using the Email Service.
8. News Services; Advertisers.
ONE BANK does not warrant, endorse or guarantee any information provided through any news service on the Sites or any product or services advertised on the Sites. We will not be a party to any transaction between you and any news service or any advertiser or user. ONE BANK does not assume the responsibility of monitoring the use of trademarks, copyrights or other rights of news service, advertisers or other third parties.
9. Suspension and Termination.
ONE BANK may modify, terminate and/or suspend your access to the Sites, the related services or any portion thereof at any time, without notice. ONE BANK may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. ONE BANK may also at any time discontinue providing the Sites, or any part thereof, with or without notice.
10. Amendments; Modifications.
ONE BANK 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.
11. 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 ONE BANK 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 ONE BANK or its affiliates to any liability.
12. Use For Illegal Activities Prohibited.
It is prohibited to use the Sites in violation of the terms herein, 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 or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files. 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.
13. 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.
14. Complete Agreement/No Representations.
This Agreement constitutes the entire agreement between you and us relating to your access to and use of the Sites. ONE Bank failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on ONE Bank part to exercise any power or right given to ONE BANK in this Agreement, or a continued course of such conduct on ONE Bank 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 ONE BANK in this Agreement are cumulative and not exclusive of any other rights or remedies which ONE BANK otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by us. 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 of us.
ADDITIONAL TERMS FOR REGISTERED USERS. If you become a registered user ("Registered User") of the website Site, the following terms and conditions will apply:
15. Registration for the ONE BANK website Sites.
When becoming a Registered User, your registration must contain the relevant information in all the required fields indicated on the registration form. You hereby warrant that all information on your registration is true, accurate, complete and up-to-date and you agree to make any changes necessary to your profile on the website Site to ensure such information is true, accurate, complete and up-to-date at all times. ONE Bank reserves the right, acting in our sole discretion, to accept or reject your registration for the website Site.
16. User Codes.
As a Registered User, you are responsible to maintain the confidentiality of your password or other user codes which you need to access the registered portion of the website Site ("User Codes"). You shall be fully responsible for all activities that occur under your User Codes, whether or not authorized by you. You agree to immediately notify ONE Bank of any unauthorized use of your User Codes or any other breach of security known to you.
17. Email Service.
As a Registered User, you will be provided with an email service on the website Site ("Email Service") which will provide you with the ability to retrieve your email from certain other email accounts. You will only be able to collect such email only if that other email account supports the POP3 protocol and is not protected behind a firewall. While using the Email Service, you are responsible for the content of your messages. You are not permitted to transmit messages using the Email Service that (a) infringe on any other's intellectual property rights, or the rights of publicity or privacy; (b) violate any applicable law; (c) are defamatory, libelous, threatening, unlawful, harassing, abusive, pornographic or obscene; (d) contain viruses or other harmful programming codes; (e) contain links to any sites that include any of that types of content; or (f) would constitute spamming. Spamming includes the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested.