Last Modified: September 25th, 2012
Your Access and Use of the Site
The Site is Not Intended for Minors
The Site is not intended to be used by, and is not directed to, anyone under 18 years of age. By using this Site, you represent that you are at least 18 years of age.
Public Forums and User Content
The Site may act as a venue, through its blogs, rating posting system and other forums (collectively, the “Forums”), that allows users of the Site to contribute information and make statements (“User Generated Content”). KYC does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that KYC has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided for by you or any other person or entity in the Forums. Please use caution and common sense when relying on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although KYC does not regularly review User Generated Content provided in the Forums, KYC reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums. Please report any problems related to the User Generated Content in the Forums to KYC at firstname.lastname@example.org.
If you transmit, submit or post information to the Site, you automatically grant KYC and its affiliates and assigns the worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below), for all of KYC’s business and marketing purposes. You shall not transmit, submit or post the following to the Site:
* Information that infringes KYC’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
* Information that violates any law, statute, ordinance or regulation;
* Information that is libelous, threatening, harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to KYC or third parties or that infringes on KYC’s or any third party’s rights of publicity or privacy;
* Information that contains any viruses, worms, Trojan horses, trap doors, back doors, 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;
*Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
*Information that is false, inaccurate or misleading; or
*Commercial advertisements or solicitations without written permission from KYC.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
Guidelines for Reviews
KYC may accept, reject or remove reviews in its sole discretion. KYC has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by KYC, and do not represent the views of KYC or of any affiliate or partner of KYC. KYC does not assume liability for any review or for any claims, liabilities or losses resulting from any review. All reviews are deemed to be “User Generated Content”.
KYC’s Intellectual Property Rights
The name “Know Your Bank”, and the graphics, logos, page headers, button icons, scripts, and service names that appear on the Site are trademarks or trade dress of KYC (collectively, the “KYC Marks”). You may not use the KYC Marks without the prior express written permission of KYC, which permission may be withheld in KYC’s sole discretion. KYC makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, the Site (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, video and audio, are copyrighted by, or otherwise licensed to, KYC or its content suppliers. KYC also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Site (the “Software”) is the property of KYC or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
Your Use of the Content
KYC grants you a limited license to access, print, download or otherwise make personal use of the Content for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or utilize it for any commercial purpose. You may not decompile, reverse engineer, or disassemble the Software.
You may not use any meta tags or any other “hidden text” utilizing KYC’s name or trademarks without the express written permission of KYC, which permission may be withheld in KYC’s sole discretion.
Interference with the Site.
You may 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 the Site or any portion of the Site or for any other purpose, without KYC’s express prior written permission which may be withheld in KYC’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in KYC’s sole discretion an unreasonable or disproportionately large load on KYC’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures KYC may use to prevent or restrict access to the Site. Notwithstanding the foregoing, KYC grants the operators of public search engines permission to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on the Site, but not caches or archives of such materials. KYC reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site. You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without the express written permission of KYC, which permission may be withheld in KYC’s sole discretion.
When you visit the Site or send email to KYC, you are communicating with KYC electronically. You consent to receive communications from KYC electronically. You agree that all agreements, notices, disclosures and other communications that KYC provides to you electronically satisfy any legal requirement that such communications be in writing.
Third Party Links
There may be provided on the Site links to other web sites belonging to KYC’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by KYC of those web sites, nor the products or services listed on those web sites. KYC is not responsible for the activities or policies of those web sites. KYC does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. KYC does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market.
KYC respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with KYC and the Website, you may not post, modify, distribute, or reproduce in any way any User Generated Content that is copyrighted material belonging to others, without obtaining their prior written consent. KYC reserves the right, in its discretion, to remove any User Generated Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”) in accordance with our Infringement Policy
No Representations or Warranties Regarding Content; Disclaimers
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. KYC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE.
KYC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, NOR THE RELIABILITY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. KYC MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE 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.
The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, KYC recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK. The Site is controlled and offered by us from our facilities in the United States of America. KYC makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Additional Disclaimers related to Ratings and Reports.
ALL RATINGS AND REPORTS ON THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” BASIS. KYC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THERATINGS AND REPORTS, OR ANY RELATED INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PREVIOUS SENTENCE, NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ARE MADE REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS OR TIMELINESS OF RATINGS AND REPORTS ON THE SITE, OR RELATED INFORMATION. THE RATINGS AND REPORTS ON THE SITE ARE DERIVED FROM CERTAIN INFORMATION THAT FINANCIAL INSTITUTIONS FILE WITH APPLICABLE FEDERAL REGULATORY AGENCIES, AND WHICH IS MADE PUBLICLY AVAILABLE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR OTHER SIMILAR ORGANIZATIONS OR OTHER DATA PROVIDERS. THESE DATA SOURCES MAY NOT MAKE ALL INFORMATION CONTAINED IN ANY REPORT PUBLICLY AVAILABLE. IN PREPARING ANY RATING OR REPORT WITH RESPECT TO A FINANCIAL INSTITUTION, KYC RELIES ON CERTAIN INITIALLY AVAILABLE DATA WITH RESPECT TO SUCH FINANCIAL INSTITUTION BUT DOES NOT RELY ON ALL DATA WITH RESPECT TO SUCH FINANCIAL INSTITUTION. KYC MAY NOT AND HAS NO OBLIGATION TO UPDATE OR CORRECT ANY RATING OR REPORT BASED ON ANY AMENDMENTS OR MODIFICATIONS TO REPORTS MADE AFTER THE INITIALLY COLLECTED DATA. KYC IS NOT RESPONSIBLE FOR THE COLLECTION OR VERIFICATION OF ANY DATA. KYC HEREBY DISCLAIMS ALL LIABILITY WHATSOEVER FOR ANY ERROR, INACCURACY, INCOMPLETENESS OR UNTIMELINESS WITH RESPECT TO ANY DATA OR ANY OTHER DEFECT WITH RESPECT TO ANY DATA THAT MAY AT ANY TIME HAVE THE EFFECT OF CAUSING ANY RATING OR REPORT TO BE ERRONEOUS, INACCURATE, INCORRECT, INCOMPLETE OR UNTIMELY IN ANY MANNER WHATSOEVER.
THE BANK RATINGS AND REPORTS ON KNOWYOURBANK.COM HAVE BEEN COMPILED USING KYC’S PROPRRIETARY SOFTWARE AND METHODS AND THUS MERELY REFLECT THE SUBJECTIVE ANALYSIS OF KYC. YOUR USE OF RATINGS AND REPORTS IS AT YOUR SOLE RISK.
KYC SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR RELIANCE UPON OR USE OF THE KNOWYOURBANK.COM RATINGS AND REPORTS.
Limitations on KYC’s Liability
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Your Indemnification of KYC
Governing Law and Venue
Know Your Corp.
Cambridge, MA 02142
Phone: +1 305-330-1730