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This site and the materials and information on this site
are provided by Bankrate, Inc. ("Bankrate, Inc." or "we")
and may be used for informational purposes only. By using this site, you
represent that you have read and understand these terms and conditions
and agree to be bound by these terms and conditions. Furthermore, by using
this site, you represent that (i) you have the capacity to be bound by
these terms and conditions and (ii) if you are acting on behalf of a company
or other entity, you have the authority to bind such company or entity.
If you do not agree to these terms and conditions, do not use this site
or download any materials from this site.
Bankrate, Inc. may amend or revise these terms and conditions at any time.
By using this site, you agree to be bound by these terms and conditions
as in effect from time to time. Please review these terms and conditions
regularly. Your continued access and use of www.bankrate.com following
the posting of any such changes shall automatically be deemed your acceptance
of the same.
Ownership of Materials
Except as otherwise indicated, this site and its entire contents (collectively,
the "Materials"), including, but not limited to, the text, information,
material, software and graphics contained on this site, are owned by Bankrate,
Inc. and its affiliates. The Materials are protected by copyright, trademark
and other intellectual property laws and treaties. Viewing, reading, printing,
downloading or otherwise using the Materials does not entitle you to any
ownership or intellectual property rights to the Materials. Bankrate,
Inc. makes no proprietary claim to any third-party names, trademarks or
service marks appearing on this site. Any third-party names, trademarks,
and service marks are the properties of their respective owners.
You shall be solely responsible for any damage resulting from your infringement
of Bankrate, Inc.'s intellectual property rights regarding service marks,
and/or the Materials, and/or any other harm incurred by Bankrate, Inc.
or its affiliates as a direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing or using the same for purposes
that are contrary to the terms and conditions of these terms and conditions.
Except as provided in the next sentence, the Materials may not be copied,
reproduced, modified, published, uploaded, downloaded, posted, transmitted,
or distributed in any way without Bankrate, Inc.'s prior written permission.
You may download one (1) copy of the Materials on a single computer only
for your personal, noncommercial, internal use. You may not (i) modify
the Materials or use them for any commercial purpose, or any other public
display, performance, sale, or rental, (ii) decompile, reverse engineer,
or disassemble software materials, (iii) remove any copyright notice or
other proprietary notices from the Materials, or (iv) transfer the Materials
to another person.
By posting a message or contributing in anyway to this site, including,
but not limited to, sending comments and e-mail, to this site, you expressly
grant Bankrate, Inc. the right to use in any way, copy, republish or sell
your message or other contribution as part of its property.
Bankrate, Inc. reserves the right to change, update, discontinue, or restrict
or prevent access to this site or the Materials at any time without notice.
Your Access and Use of this Site
You are only entitled to access and use www.bankrate.com for lawful purposes
and pursuant to these terms and conditions and our Privacy Policy. Your
access and use of www.bankrate.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 www.bankrate.com
or other actions that Bankrate, Inc., in its sole discretion, may elect
to take. Bankrate, Inc. reserves the right to suspend or discontinue the
availability of www.bankrate.com and/or any portion or feature of www.bankrate.com
for access and use at any time in its sole discretion and without prior
notice.
Bankrate, Inc. makes no representation, warranty or guarantee that the
Materials that may be available for downloading from www.bankrate.com
is free of infection from any viruses, worms, Trojan horses, trap doors,
back doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive properties
or that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
Your Compliance with These Terms and Conditions
Any action by you that, in Bankrate, Inc.'s sole discretion, (i) violates
these terms and conditions and/or our Privacy Policy, (ii) restricts,
inhibits or prevents any access, use or enjoyment of www.bankrate.com,
or (iii) through the use of www.bankrate.com,
defames, abuses, harasses, offends or threatens, shall not be permitted,
and may result in your loss of the right to access and use www.bankrate.com.
You shall not metatag, provide links to, or frame www.bankrate.com without
the prior express written permission of Bankrate, Inc.
Disclaimer and Limitation on Liability
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE
OF THIS SITE AND THE INTERNET GENERALLY. THE MATERIALS ARE PROVIDED "AS
IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS,
VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL BANKRATE,
INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING
FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR ANY HYPERLINKED
SITE, EVEN IF BANKRATE, INC. OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
This site is intended to assist visitors by providing financial data,
research and editorial information on financial products. Bankrate, Inc.
will not be responsible for any errors or omissions in the Materials or
information provided on this site, any articles or postings for hyperlinks
embedded in messages, nor for any loss or damage caused by your reliance
on information obtained on this site or in a hyperlinked site.
This site provides information and advice based on our editorial content
and advice of financial professionals. While Bankrate, Inc. believes such
information and advice to be reliable, we make no claims or representations
about the accuracy, reliability, timeliness, usefulness or completeness
of such information or advice. All information and advice given on this
site is intended only to assist you with financial decisions. However,
by nature such information is broad in scope and does not consider your
personal financial situation. Your financial situation is unique and our
information and advice may not be appropriate for your situation. Accordingly,
Bankrate, Inc. recommends that you get different opinions and seek the
advice of your accountant and other financial advisers who are fully aware
of your individual circumstances before making any final decisions or
implementing any financial strategy. You should not rely on any information
or advice you obtain on this site. Any reliance by you on any information
or advice will be at your own risk. You are responsible for your own financial
decisions.
This site may provide chat rooms, bulletin boards and other means for
the public to contribute information and make statements. Bankrate, Inc.
does not make any endorsements of these statements nor representations
that the statements are true and accurate. You should be cautious when
acting on information provided by contributors to these chat rooms. You
should not rely solely upon the information and opinions of the chat rooms
or bulletin boards. Bankrate, Inc. suggests you use the information on
this site as a starting point for doing independent research on banks,
financial institutions and other companies that are the subject of this
site. Bankrate, Inc. reserves the right to edit statements made within
these forums. We also reserve the right to limit or restrict access to
users who abuse these forums.
Rules for chat and message board forums:
- Personal attacks are not welcome.
- Don't share personal information.
- Explicit or vulgar posts are not welcome.
- Don't post commercial items or solicitations.
- Don't post copyrighted information without permission.
- We reserve the right to remove or move posts as we deem
necessary.
- We reserve the right to exclude individuals for inappropriate
behavior.
- Report problems to us at webmaster@bankrate.com
Links to Third-Party Sites
This site contains links to third-party sites. These
links are provided for convenience purposes and are not under the control
of Bankrate, Inc. Bankrate, Inc. does not make any representations and
warranties, express or implied, regarding the content of any of these
linked sites. These links do not constitute or imply an endorsement, authorization,
sponsorship or affiliation by Bankrate, Inc. with respect to any third
party, any third party's site, the content of any third party's site,
or any products or services provided by a third party.
Your Indemnification of Bankrate, Inc.
You shall defend, indemnify and hold harmless Bankrate, Inc. and its officers,
directors, partners, employees, independent contractors, agents, representatives
and affiliates from and against all claims and expenses, including, but
not limited to, attorneys' fees, arising out of, or attributable to: (i)
any breach or violation of these terms and conditions by you; (ii) your
failure to provide accurate, complete and current personally identifiable
information requested pursuant to registration; (iii) your access or use
of www.bankrate.com; and/or (iv) access or use of www.bankrate.com under
any password that may be issued to you.
Governing Law; Arbitration
These terms and conditions are governed by and
construed in accordance with the internal laws of the State of Florida,
without regard for principles of conflicts of laws. Any civil action,
claim, dispute or proceeding arising out of or relating to these terms
and conditions, except for an injunctive action regarding a breach or
threatened breach of any provision of these terms and conditions by you
as provided above, shall be referred to final and binding arbitration,
before a single arbitrator, under the commercial arbitration rules of
the American Arbitration Association in Palm Beach County, Florida. You
and Bankrate, Inc. shall select the arbitrator, and if you and Bankrate,
Inc. are unable to reach agreement on selection of the arbitrator within
thirty (30) days after the notice of arbitration is served, then the American
Arbitration Association shall select the arbitrator. Arbitration shall
not commence until the party requesting it has deposited One Thousand
Dollars ($1,000.00) with the arbitrator for the arbitrator's fees and
costs. The party requesting arbitration shall advance such sums as are
required from time to time by the arbitrator to pay the arbitrator's fees
and costs until the prevailing party is determined or the parties have
agreed in writing to an alternate allocation of fees and costs.
Judgment upon any award rendered by the arbitrator shall
be final, binding and conclusive upon you and Bankrate, Inc. and your
and Bankrate, Inc.'s respective administrators, executors, legal representatives,
successors and assigns, and may be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall either you or
Bankrate, Inc. be entitled to punitive damages and both you and Bankrate,
Inc. hereby waive your and Bankrate, Inc.'s respective rights to any punitive,
special, indirect or consequential damages, including, but not limited
to, damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of these terms and conditions is deemed unlawful, void
or unenforceable by any arbitrator or court of competent jurisdiction,
these terms and conditions as a whole shall not be deemed unlawful, void
or unenforceable, but only that portion of these terms and conditions
that is unlawful, void or unenforceable shall be stricken from these terms
and conditions.
The headings contained in these terms and conditions are for convenience
of reference only, are not to be considered a part of these terms and
conditions, and shall not limit or otherwise affect in any way the meaning
or interpretation of these terms and conditions.
All covenants, agreements, representations and warranties made in these
terms and conditions, as may be amended by Bankrate, Inc. from time to
time, shall survive your acceptance of these terms and conditions and
the termination of these terms and conditions.
These terms and conditions and our Privacy Policy located at the URL www.bankrate.com/coinfo/privacy.asp
represent the entire understanding and agreement between you and Bankrate,
Inc. regarding the subject matter of the same, and supersede all other
previous agreements, understandings and/or representations regarding the
same.
672577.2
--Revised: October, 2002
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