Terms of Use
Terms of Use for SmartBankingTips.com (Last modified 03/02/2009)
1. Acceptance of Terms
By using the information, tools, features and functionality that may be located on SmartBankingTips.com from time-to-time (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the SmartBankingTips.com website) or you are a “Member” (which means that you have subscribed to SmartBankingTips.com). The term “you”, “User”, or “Users” refer to a Visitor or a Member. If you become a Member, you agree to read this Agreement and indicate your acceptance of it by registering.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Western Community Bank. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.
2. Privacy and Use of Your Personal Information
For information about Western Community Bank’s data protection practices, please read Western Community Bank’s Online Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Western Community Bank treats your personal information, and protects your privacy, when you access WesternCommunityBank.com, including SmartBankingTips.com, and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Service
The Service provides banking and finance information that allows Users to learn about wise, prudent, or otherwise helpful banking and finance practices, or receive or research other banking- and finance-related topics. Based on such information, the Service may also present information relating to third party products or services. The Service is provided to you by Western Community Bank without charge (it is free) and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice, nor is it to be construed as a binding contract for any form of consultative services or financial services.
4. Not a Financial Planner, Broker or Tax Advisor
NEITHER WESTERN COMMUNITY BANK NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WESTERN COMMUNITY BANK IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
5. Information from Third Party Sites
Western Community Bank cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, information is only as fresh as the time shown, which reflects when the information is obtained from Third Party Sites or Sources. Such information may be more up-to-date when obtained directly from the relevant sites, when applicable. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
6. Third-Party Links
The Service may provide links to other web sites belonging to Western Community Bank and other third parties. Western Community Bank does not endorse, warrant or guarantee the products or services available through third-party links (or any other third-party products or services that may be advertised on or linked from SmartBankingTips.com or WesternCommunityBank.com), and Western Community Bank is not an agent or broker or otherwise responsible for the activities or policies of those web sites, unless expressly noted on the site. Western Community Bank does not guarantee that the service terms or rewards offered by any third party linked from SmartBankingTips.com are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms available in the market. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
7. Subscription to the Service
By providing us with your e-mail address, you are subscribing to receive electronic notices of SmartBankingTips.com updates and agree to receive all required notices to the email e-mail address you provide. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include any protected personal identification other than your email address and name. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts by unsubscribing from the subscription service. Instructions to do so will be included with the notice.
If you become aware of any unauthorized use of your Subscription Information, you agree to notify Western Community Bank immediately at the email address – blog@westerncommunitybank.com.
8. Rights You Grant to Us
You grant to Western Community Bank, the owner of SmartBankingTips.com, the right to send you email alerts or other such alerts as you subscribe to receive them. These may include but are not limited to email alerts and text alerts. You also grant Western Community Bank the right to include your name and email address in these notices, as applicable.
9. Availability of the Service
Access and use of SmartBankingTips.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of SmartBankingTips.com or its service providers, other actions that Western Community Bank, in its sole discretion, may elect to take.
10. Rules for Posting
As part of the Service, Western Community Bank allows Members to post comments on blog content. You are responsible for all content you submit to SmartBakingTips.com. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with SmartBankingTips.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through SmartBankingTips.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of SmartBankingTips.com and under this Agreement.
You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of SmartBankingTips.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you may contact through areas of SmartBankingTips.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
11. Western Community Bank’s Intellectual Property Rights
The contents of SmartBankingTips.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws, and in some cases may be owned by third-parties where templates, images, or referenced content is concerned. The contents of SmartBankingTips.com belong or are licensed to Western Community Bank or its software or content suppliers. Western Community Bank grants you the right to view and use SmartBankingTips.com subject to these terms. You may download or print a copy of information provided on SmartBankingTips.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from SmartBankingTips.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
12. Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor SmartBankingTips.com or any portion of SmartBankingTips.com or WesternCommunityBank.com, without Western Community Bank’s express written consent, which may be withheld in Western Community Bank’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SmartBankingTips.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of SmartBankingTips.com or the Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of SmartBankingTips.com or the Service.
13. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH SMARTBANKINGTIPS.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WESTERN COMMUNITY BANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF SMARTBANKINGTIPS.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
WESTERN COMMUNITY BANK MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON SMARTBANKINGTIPS.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WESTERN COMMUNITY BANK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
14. Limitations on Western Community Bank’s Liability
WESTERN COMMUNITY BANK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO SMARTBANKINGTIPS.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF WESTERN COMMUNITY BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WESTERN COMMUNITY BANK’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 (FIFTY UNITED STATES DOLLARS).
15. Your Indemnification of Western Community Bank
You shall defend, indemnify and hold harmless Western Community Bank and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
16. Modifications
Western Community Bank may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the SmartBankingTips.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
17. Governing Law and Forum for Disputes
This Agreement, and your relationship with Western Community Bank thru SmartBankingTips.com under this Agreement, shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. Any dispute with Western Community Bank, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of Utah within the county of Utah, Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Western Community Bank may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Western Community Bank is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Western Community Bank, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
18. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Western Community Bank does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Western Community Bank has the benefit of under any applicable law), this will not be taken to be a formal waiver of Western Community Bank’s rights and that those rights or remedies will still be available to Western Community Bank.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Western Community Bank regarding the subject matter of the same, and supersedes all other previous agreements.
