Official Web Disclaimer

AS PARTIAL CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEB SITE, YOU AGREE THAT: (I) IN NO EVENT WILL BANX, INC. (BANX) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS WEB SITE. (II) IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BANX'S OR ANY OF ITS DISTRIBUTORS OR DEALERS MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD, AND/OR OTHERWISE) SHALL BE LIMITED TO U.S. $100.00, (III) BANX SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THIS WEB SITE OR ANY SERVICES OBTAINED ON THIS WEB SITE, EVEN IF BANX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AND (IV) INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Assumption of Risk

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY USE OF THIS WEB SITE, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

You agree to indemnify BanX from and against any and all liabilities, expenses including attorney's fees and damages arising out of claims based upon use of the BanX Web site, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users and infringement of intellectual property or other rights. BanX will notify you promptly of any claim for which BanX seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to BanX's interests, as reasonably determined by BanX.

Condition of Use

User agrees that he/she shall not: commercially exploit or violate any portion of BanX's intellectual property rights, or remarket the presentation, software, database, or information received from BanX; make copies of BanX's presentation, software, database, information, or distribute such copies in a way that exceeds purely private and personal use; use BanX's services if these services are not in compliance with the laws of the jurisdiction in which User is situated; and, that any and all disputes that should arise among User and BanX shall be governed by the laws of the State of Montana. Information on this Web Site may contain technical inaccuracies or typographical errors. BanX may without notice make changes to this site, to information provided in this site or to its services described in this site.

Any comments or materials sent to BanX including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. BanX shall have no obligation of any kind with respect to such feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the feedback to others without limitation. Further, BanX shall be free to use any ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever, including but not limited to developing, servicing, manufacturing and marketing products incorporating such feedback.

Representatives of BanX are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on BanX, other than in writing signed by an officer of BanX. Accordingly, such additional statements are not binding on BanX and you should not rely upon such statements.

Information BanX publishes on the World Wide Web may contain references or cross references to BanX, programs and services that are not announced or available in your state or country. Such references do not imply that BanX intends to announce such products, programs, or services in your state or country. Consult your BanX contact for information regarding the products, programs and services, which may be available to you.

Effective Date

The provisions of the Web site disclaimer and Conditions of Use take effect on the date on which the User first uses BanX’s Web site and continues until the User no longer uses BanX’s site and/or services.

BANX RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. THE USER IS RESPONSIBLE FOR REVIEWING REGULARLY THIS WEB SITE DISCLAIMER AND CONDITIONS OF USE POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF BANX’S WEB SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.

Severability

If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.