Please read these legal statements and Terms and Conditions (the “Terms”) carefully before using the websites of Edcomm, Inc. d/b/a Banker's Academy (“Banker's Academy"). By accessing, browsing, or using these websites, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, software, graphics. or photographs) that Banker's Academy may make available through the websites (collectively, “Materials”) and any services that Banker's Academy may provide through the websites (collectively, “Services”). The websites, Materials, and Services are referred to in these terms collectively as the “Banker's Academy Websites.”
Banker's Academy reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. Additional or different Terms, conditions, and notices may apply to specific materials, information, products, software, or services offered through the Banker's Academy Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms include the Terms and Conditions. These Terms, together with any additional terms to which you agree when using particular elements of the Banker's Academy Websites, constitute the entire and exclusive and final statement of the agreement between you and Banker's Academy with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Banker's Academy with respect to such subject matter. These Terms and the relationship between you and Banker's Academy shall be governed by the laws of the Commonwealth of Pennsylvania as applied to agreements made, entered into and performed entirely in Pennsylvania by Pennsylvania residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Banker's Academy Websites shall be brought in the Federal or State courts located in Philadelphia, Pennsylvania, USA, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Banker's Academy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Banker's Academy and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Banker's Academy Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or Banker's Academy. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Banker's Academy without restriction.
Use of Software
To the extent that Banker's Academy provides for the download of proprietary Banker's Academy software or open source software from the Banker's Academy Websites (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Banker's Academy or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Banker's Academy reserves all rights to its trademarks, service marks, and logos, which together with the trademarks, service marks, and logos of other subsidiaries of Edcomm, Inc. will be collectively referred to as “Banker's Academy Marks.”
The Banker's Academy Marks are highly valued intellectual property, and therefore Banker's Academy will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Banker's Academy Marks or which are likely to cause confusion with Banker's Academy Marks.
No employee or other representative of Banker's Academy is authorized to grant permission to use the Banker's Academy Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to the Banker's Academy Marks by a Banker's Academy employee in the absence of a formal written agreement cannot be relied upon.
If a formal written agreement licenses one or more of the Banker's Academy Marks, unless the agreement provides other authorization, the use will be in accordance with the guidelines available from Banker's Academy.
Banker's Academy does not object to the use of the Banker's Academy Marks (other than logos) to refer specifically to the products of Banker's Academy. However, a purely referential use or nominative fair use of the Banker's Academy Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Banker's Academy Marks should be designated by the symbol “®”, while unregistered Banker's Academy Marks should be identified by a “™” designation. The Banker's Academy Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Banker's Academy Websites
Linking to the Banker's Academy Websites (including an internal or subsidiary page of any website comprising a part of the Banker's Academy Websites) must be approved in writing by Banker's Academy, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Banker's Academy Website;
2. does not utilize a Banker's Academy logo;
3. does not use framing of a Banker's Academy Website;
4. does not misrepresent an affiliation or other relationship with Banker's Academy;
5. does not misrepresent any possible endorsement by Banker's Academy;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Banker's Academy.
Except where otherwise specified, the contents of the Banker's Academy Websites are copyright (c) 1995-2012 Banker's Academy, 501 Office Center Drive, Suite 100 Fort Washington, PA 19034. All rights reserved.
The contents of the Banker's Academy Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the Banker's Academy Websites, except as necessary to view the Banker's Academy Websites.
Please direct any questions or comments to Bankers Academy
Links to Third Party Sites
Links on the Banker's Academy Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Banker's Academy Websites. Banker's Academy does not endorse or make any representations about such third party websites, and Banker's Academy is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Banker's Academy does not control those websites, and Banker's Academy is not responsible for the contents of any third-party websites, any links contained in third-party websites, or any changes or updates to third-party websites.
Banker's Academy protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of Banker's Academy software without permission from Banker's Academy is software piracy. Banker's Academy distributes and sells its product through a channel network of distributors and resellers worldwide. Banker's Academy does not distribute or sell its product through unauthorized channels such as auctions, peer-to-peer networking, or through illegal download sites offering key or serial number generators. If you are contemplating or have obtained banker's Academy software through one of these avenues, you likely will find yourself with pirated software. Please contact Banker's Academy here for assistance with your own or another’s unauthorized use of Banker's Academy software.
Banker's Academy also understands that some customers may have challenges with managing their software licenses. In these instances, Banker's Academy's License Compliance team may assist by reviewing deployment records and reconciling them with Banker's Academy’s internal entitlement records. The goal of this program is to educate Banker's Academy's customers on the terms of their licenses with Banker's Academy and to bring the entitlement records in line with usage. Please contact Banker's Academy’s License Compliance team with questions or issues about your company’s usage at firstname.lastname@example.org.
You agree to indemnify, defend, and hold harmless Banker's Academy, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees, or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer, or software’s) use of the Banker's Academy Websites or violation of these Terms. Banker's Academy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Banker's Academy’s defense of such claim, and in no event may you agree to any settlement affecting Banker's Academy without Banker's Academy’s written consent.
When you visit the Banker's Academy Websites or send e-mails to Banker's Academy, you are communicating with banker's Academy electronically. We may respond to you by e-mail or by posting notices on the Banker's Academy Websites. You agree that all such notices, disclosures, and other communications that Banker's Academy provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Banker's Academy products and publications are commercial in nature. The software, publications, and software documentation available on the Banker's Academy Websites are “Commercial Items,” as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Banker's Academy’s publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Information on the Banker's Academy Websites is not promised or guaranteed to be correct, current or complete, and the Banker's Academy Websites may contain technical inaccuracies or typographical errors. Banker's Academy assumes no responsibility (and expressly disclaims responsibility) for updating the Banker's Academy Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Banker's Academy Websites. Banker's Academy provides no assurances that any reported problems will be resolved by Banker's Academy, even if Banker's Academy elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED ON THE BANKER'S ACADEMY WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. BANKER"S ACADEMY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANKER"S ACADEMY MAKES NO WARRANTY THAT THE BANKER'S ACADEMY WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE BANKER'S ACADEMY WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL BANKER'S ACADEMY BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF $100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES, OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE BANKER"S ACADEMY WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF BANKER"S ACADEMY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Banker's Academy may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Banker's Academy's liability shall be the minimum permitted under such applicable law.