TERMS OF SERVICE AND CONDITIONS OF USE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. BANKTASTIC reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes. The term “Banktastic” or “The Garland Group” or “we”, “us”, or “our” refers to the owners of this web site, The Garland Group. The term “you” refers to the user or viewer of our web site.

RESTRICTIONS ON USE

This site is owned and operated by The Garland Group and contains material which is derived in whole or in part from material supplied by BANKTASTIC and other sources (users), and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way source code developed by The Garland Group. We encourage you to download information from this site for your company to use. By posting material/information to BANKTASTIC you agree to allow any users on the website to use posted content as posted on the website or as posted then modified to be specific for users downloading the content. The unauthorized use of The Garland Group and BANKTASTIC names, logos, trademarks and copyrights will be not be permitted without the expressed written permission from The Garland Group.

ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Service Agreement with respect to our site. This Agreement constitutes the entire and only agreement between us and you, supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the site, and you should review this Agreement prior to using the site.

BULLETIN BOARDS AND OTHER INTERACTIVE AREAS

This service may include bulletin boards, chat rooms(“Bulletin Boards”) and other interactive areas which allow feed-back to BANTASTIC and interaction between users. BANKTASTIC does not control the messages, information or files delivered to Bulletin Boards and other postable areas. It is a condition of your use of the Bulletin Boards and other postable areas of this Web site that you do not:

• restrict or inhibit any other user from using and enjoying the Bulletin Boards and other interactive areas;
• post or transmit any unlawful, threatening, abusive, hateful, offensive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• post or transmit any information, software or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
• post or transmit any information, software or other material which contains a virus or other harmful component;
• post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising.

You understand that BANKTASTIC has no obligation to monitor the Bulletin Boards and other interactive areas. However, BANKTASTIC reserves the right at all times (without needing further permission from you) to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BANKTASTIC’s sole discretion are objectionable or in violation of these Terms and Conditions.

ANY INFORMATION POSTED ON THESE BULLETIN BOARDS IS NOT NECESSARILY THE OPINION OF THE GARLAND GROUP OR AFFILIATES.

For our policy in responding to subpoenas, see our Privacy Policy

LICENSE TO BANKTASTIC:

By posting messages, uploading files, inputting data, or engaging in any other form of communication (a “Communication”) through this service, you are granting BANKTASTIC a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:

1. use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication; and
2. sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication.

The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the site are protected under applicable copyrights, trademarks, or other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. BANKTASTIC and THE GARLAND GROUP and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the site may be trademarks of their respective owners.

LIMITED LICENSE; PERMITTED USES:

You are granted a non-exclusive, non-transferable, revocable license a)to access and use the site strictly in accordance with this Agreement; b) to use the site solely for personal and commercial purposes; and c) to print out discrete information from the site personal and commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

DISCLAIMER

BANKTASTIC HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER BANKTASTIC NOR ITS AFFILIATES OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BANKTASTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANKTASTIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANKTASTIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT BANKTASTIC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. COMMENTS AND OPINIONS ON THIS SITE DO NOT NECESSARILY REFLECT THE OPINIONS OF THE GARLAND GROUP OR IT”S AFFILIATES. THE GARLAND GROUP IS NOT RESPONSIBLE FOR CONTENT POSTED BY REGISTERED USERS.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall BANKTASTIC or its affiliates be liable to you for any damages of any kind (including, but not limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages whether based on breach of contract or warranty, tort, product liability or otherwise) that result from the use of, or the inability to use, this site or the Materials. You specifically acknowledge and agree that BANKTASTIC is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any BANKTASTIC material, or with any of BANKTASTIC’s terms and conditions, your sole and exclusive remedy is to discontinue using BANKTASTIC or contacting THE GARLAND GROUP for an amendment to this agreement.

TERMINATION

This agreement is effective until terminated by BANKTASTIC at any time without notice. In the event of termination, you are no longer authorized to access the Bulletin Boards and the restrictions imposed on you with respect to material downloaded from the Bulletin Boards and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

CHANGED TERMS

BANKTASTIC reserves the right at its discretion to change or modify these Terms and Conditions or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any lawful means including, without limitation, posting of such changes on this page.

OTHER

This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.