THIS IS A BINDING LEGAL CONTRACT. YOU (THE "USER") SHOULD CAREFULLY READ THESE WEBSITE
WWW.BANKAF.COM (THE "WEBSITE"). BY ACCESSING OR USING THE WEBSITE, THE USER AGREES
THE USER MAY NOT USE THE WEBSITE, AND MAY NOT CREATE OR MAINTAIN A LINK TO THE WEBSITE.
1. Access and Use of Website.
Website Owner hereby grants to User a revocable, limited, nonexclusive license for
the duration of User's current viewing session to access, download, and use the
information contained on the Website for personal, non-commercial use only in accordance
or at any other time upon notice to User. Website Owner maintains the Website as
a service to the Internet community. All information and tools contained on the
Website, including but not limited to, rates, terms, and fees of products, are subject
to change and are accurate as of the date such information was posted. The information
contained on the Website does not constitute a commitment on the part of Website
Owner to provide any services or products, or otherwise make any commitments. The
tools provided by Website Owner are for illustrative purposes only, and Website
Owner does not guarantee their accuracy or applicability to User's circumstances.
Each User may be subject to meeting certain requirements in order to obtain an advertised
rate or price of a product. All rights not expressly granted to the User in these
2. Limitations. Website
Owner encourages the use, display, and distribution of information posted by Website
Owner for consumers on the Website, including any information related to products
or services provided through or obtained from the Website ("Content"), on appropriate
social media sites, such as Facebook and Twitter, and for use by media outlets for
news stories. User may also create a Link on User's Website, pursuant to and
which terms are defined in Section 8 of this Agreement. Notwithstanding any of the
foregoing, User's rights under this Section 2 and under Section 8 are subject to
the following limitations:
- User may not modify or repurpose any Content.
- User may not frame any Content in another website, or post any Content or make any
statements that expressly or otherwise imply or suggest (i) an affiliation between
User and Website Owner, or (ii) a sponsorship or endorsement of User, User's products
or services, the content of User's website, or the content of any other website
by Website Owner, all without the prior written consent of Website Owner.
- User may not, either directly or indirectly, (i) misrepresent User's relationship
with Website Owner or present false or misleading impressions about Website Owner's
products or services, or (ii) disparage the Website or Website Owner or display
Content or a Link in any manner that diminishes Website Owner's goodwill.
- User agrees to give attribution to Website Owner for any Content posted on any social
- User may not circumvent any technological measures or features of the Website that
are intended to or effectively control access to the Website, or any Content, nor
shall User create frames around the Website or otherwise alter the visual presentation
of the Website.
- The Website may contain robot exclusion headers. Except for searches through reputable
search engines, such as Google, Bing and Yahoo, User agrees to not use any robot,
spider, scraper or other automated means to access the Website for any purpose without
the Website Owner's express prior written consent. Additionally, User agrees to
not use any mechanism to scrape data from the Website for any purpose without the
Website Owner's express prior written consent.
- User will not take any action that imposes or may impose, in the Website Owner's
sole discretion, an unreasonable or disproportionately large load on the Website
Owner's infrastructure or interfere or attempt to interfere with the proper working
of the Website or any activities conducted on the Website.
- Any Content or User's Website that contains a Link may not be used for any illegal
or unethical purposes, including in connection with any phishing, fraud, or deception,
nor may such User's Website contain or display any material that is inappropriate
for a professional website.
- Website Owner reserves the right to refuse the use of or access to the Website for
any User for any reason in Website Owner's sole discretion.
Owner reserves the right, in its sole discretion, to modify, update, or otherwise
maintaining, or using, if authorized by the Website Owner, a link to the Website,
after Website Owner has posted any modifications, updates or revisions, User agrees
webpages within the Website or the creation, maintenance and use of a link to the
Website, as such terms may be contained on the webpages of the Website. Provided
and using such webpages, and creating, using, and maintaining a link to the Website,
User agrees to be bound by such terms.
- Information Collected and Its Use. User acknowledges and agrees that Website Owner
will collect information about User, including personal information such as name,
email address, bank account number, password, and other information that may be
used to identify and authenticate User, as well as for other purposes.
- Cookies. The Website also employs cookies. In general, a “cookie” is a small piece
of text data stored on the viewer’s computer by a website, to give the viewer’s
computer a unique identity while the website performs certain processes, such as
filling an online member form, or calculating the number of unique visitors at a
given time. Cookies may contain personal information, like email addresses, usernames,
or passwords, or completely anonymous information, like a randomly generated number.
They may be deleted once the viewer leaves a site, a section of a site, or closes
the browser; or they may remain, so that the website remembers the viewer the next
time the viewer visits that site. Most browsers allow the viewer to decline cookies
automatically or to accept or decline each cookie individually. If User chooses
to decline cookies from the Website, however, User may not be able to use some sections
of the Website or it may hinder the Website’s functions.
- Sharing Information. User acknowledges and agrees that Website Owner may be required
to share the User’s personal information with the government or third parties under
certain circumstances. Website Owner cooperates with law enforcement inquiries,
as well as other third parties, to enforce laws such as those regarding intellectual
property rights, fraud and other personal rights. Website Owner can, and User hereby
authorizes Website Owner to, disclose any information about User to law enforcement
or other government officials as Website Owner, in its sole discretion, believes
necessary or appropriate in connection with an investigation of fraud, intellectual
property infringement or other activity that is illegal or may expose Website Owner
or User to liability.
5. Children’s Online Privacy Protection
Act. User agrees and acknowledges that the Website is operated
for individual users who are at least thirteen (13) years old, and Website Owner
never requests personally identifiable information from anyone under the age of
thirteen (13). User represents and warrants that he or she is thirteen (13) years
old or older and shall not provide any personal information in violation of the
Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501 through 6506. If User
knows that its child has provided personally identifiable information and such child
is under the age of thirteen (13), User should immediately contact Website Owner
at (801) 642-3148 or at the address listed for Website Owner in Section 19.a
6. Intellectual Property Ownership.
- User acknowledges and agrees that the trademarks of Website Owner,including the trademarks
the Website, and the look and feel of the Website, to the extent protectable, are
proprietary, original works of authorship of Website Owner, or licensors of Website
Owner, protected under United States and worldwide copyright, trademark, and trade
secret laws of general applicability. User further acknowledges and agrees that
all right, title and interest in and to the Marks, the Website, and the look and
feel of the Website are and shall remain with Website Owner, or its licensors. User
agrees not to contest or infringe on or misappropriate any of these rights, directly
User may not use the Marks, or any other trademarks or copyrighted materials appearing
on the Website, including without limitation any logos, without the express prior
written consent of the owner of the mark or copyright.
Notwithstanding the prohibition to use the Marks set forth in Section 6.a6.a of this
Agreement, Website Owner hereby grants to User a non-exclusive, non-transferable, revocable
license to use the Marks for the sole purpose of (i) identifying the source of any Content
displayed or posted by User on any other website to Website Owner pursuant to Section 2.c2.d
of this Agreement., (ii) or identifying a product or service offered by Website Owner. When
User displays any such Marks, User shall also post a statement on the same webpage that is
identical or similar in substance and form to the following: , as applicable:
[Mark]®“[MyRate Checking® or SaveSmart Direct®]® is a federally registered trademark of
Bank of American Fork.”
“[AccountSmart, Bank of American Fork, Big City Banking—Small Town Service, BizSmart,
BizSmart Advantage, CheckSmart, Community Interest, Equi-Loan, ExpressDeposit, Tele-Banking,
or ExpressCollect]TM is a trademark of Bank of American Fork”
- User shall indemnify and hold harmless Website Owner, and its officers, directors,
employees, shareholders, managers, members, and agents, from and against any and
all claims, demands, liabilities, and actions, including the payment of all legal
expenses, including reasonable attorney’s fees and costs, arising out of or connected
of any works or the information contained on the Website. Website Owner shall have
the right to control its own defense and engage legal counsel acceptable to Website
7. Links to Other Websites. The Website may contain links to or be
linked from other websites and resources located on servers maintained by third
parties over which Website Owner has no control (“Linked Websites”). The Linked
Websites are provided for User’s convenience and information only and, as such,
User accesses them at its own risk. User agrees and acknowledges that the Website
Owner is not responsible for, and does not endorse or warrant, the content of or
anything that may be delivered to User or User’s computer as a result of accessing
any Linked Websites, whether or not the Website Owner is affiliated with the owners
of such Linked Websites. Without limiting the generality of the foregoing, User
shall waive any claims related to, and the Website Owner is not responsible and
shall have no liability for, User’s access of any information on or use of the Linked
Websites, including but not limited to, any viruses or other illicit code that may
be downloaded through a Linked Website, or by accessing a Linked Website.
8. Terms for Creation of a Link.
- Subject to the limitations set forth in Section 2, User may create a link from the
from User’s website (“User’s Website”) to the home page of the Website, or other
pages of the Website with Content that may used and displayed in accordance with
- User acknowledges and agrees that User is not a publisher, distributor, agent, partner,
franchiser or endorser of the Website, and Website Owner is not a publisher, distributor,
agent, franchiser or endorser of User’s Website. Website Owner retains exclusive
editorial control over the Website and has the right to make administrative or operational
decisions it deems necessary or desirable in the normal course of business.
- User warrants to Website Owner that (1) User has duly registered the domain name
of User’s Website with all applicable authorities and/or has a license to use User’s
Website, and User possesses all rights necessary to use such domain name for User’s
Website; and (2) the content of and materials placed on or within User’s Website,
and any hyperlinks on User’s Website, do not and will not (i) infringe upon, misappropriate,
or violate any United States copyright, patent, trademark or other proprietary right
of a third party, or (ii) violate any applicable law, statute, regulation, or non-proprietary
right of a third party.
9. No Assignment. User
Any attempt to assign, transfer, or delegate any of User’s rights, duties, or obligations
10. Interruptions to the Website. User
acknowledges that access to the Website may from time-to-time be unavailable to
User, whether because of technical failures or interruptions, intentional downtime
for service or changes to the Website, or otherwise. User agrees that any modification
of the Website, and any interruption or unavailability of access to the Website
shall not constitute a default of any obligations of the Website Owner under these
for any such modifications, interruptions, unavailability, or failure of access.
11. Copies and Derivative Works. Except
with the Website Owner, User may not do any of the following, either directly or
indirectly, including assist any other person to do, or otherwise contribute in
any way to any of the following:
- Make any copies of the Website, or any portion of the Website, including any specific
information included in the Website;
- Download, distribute, export, or transmit the Website, or any portion of the Website,
including any information included in the Website, to any computer or other electronic
device, or transmit electronically, or otherwise, the Website, or any portion of
the Website, including any information included in the Website; or
- Publicly display the Website, or any portion of the Website, including any information
included in the Website.
12. Representations, Warranties, and Covenants. User
represents, warrants, and covenants the following:
- User shall not use its account to breach the security or gain access to the account
of any other User or any password protected, secure or non-public areas of the Website.
- User shall not use the Website for any purpose that is prohibited by these Terms
enforceable with respect to User in accordance with these terms. The performance
an event which with the passage of time, the giving of notice, or both, would constitute
a default, under any other agreement by which User is bound. User is not and shall
not be under any disability, restriction or prohibition related to use of the Website
13. Confidential Information. Any information provided by the Website Owner to User, including without limitation,
any password to the Website and any printouts of the Website (collectively “Confidential
Information”) shall be maintained by User as confidential and available exclusively
Information to anyone, except as ordered by a court of competent jurisdiction or
as otherwise required by law. User shall not disclose any Confidential Information
pursuant to a court order or as required by law until User has given the Website
Owner ten (10) days prior written notice and an opportunity to oppose such disclosure.
14. No Warranty. THE LICENSE
BASIS, WITHOUT ANY WARRANTY OF ANY NATURE. THE WEBSITE OWNER EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation of Liability.
- THE WEBSITE OWNER’S ENTIRE AND CUMULATIVE LIABILITY TO USER, OR ANY OTHER PARTY,
FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE WEBSITE
OWNER BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY
INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, EVEN IF FORESEEABLE OR IF THE WEBSITE OWNER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- WITHOUT LIMITING THE FOREGOING, USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE OWNER
DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE WEBSITE AND OTHER PORTIONS
OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET
SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS
OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USER’S OR OTHER THIRD PARTIES’ CONNECTIONS
TO THE INTERNET, OR PORTIONS OF THE INTERNET. ALTHOUGH THE WEBSITE OWNER WILL USE
COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY
AND AVOID SUCH EVENTS, THE WEBSITE OWNER CANNOT GUARANTEE THAT SUCH EVENTS WILL
NOT OCCUR. ACCORDINGLY, THE WEBSITE OWNER DISCLAIMS ANY AND ALL LIABILITY RESULTING
FROM OR RELATED TO SUCH EVENTS.
16. Injunction. The Website
Owner and User agree that a breach or violation of Sections 6, 9, 11, 12, 13, and
to the Website Owner. In such event, the Website Owner shall have, in addition to
right to an injunction, specific performance or other equitable relief to prevent
this shall in no way limit any other remedies which the Website Owner may have,
including, without limitation, the right to seek monetary damages.
- The Website Owner may at any time and without notice terminate User’s license upon
the occurrence of any of the following events: (1) User requests in writing to the
Website Owner that its license be terminated; or (2) User defaults under any material
immediately destroy any printouts or copies of the Website in User’s possession
or under User’s control, all licenses granted and all services provided to User
to and use of the Website. Specifically, Website Owner may terminate User’s access
to the Website, and User’s passwords shall be disabled.
18. Proprietary and Other Notices. User
agrees that it will not alter or remove any trademarks or copyright notices or other
notices and disclaimers located or used on, or in connection with, the Website or
- Notices. All notices, demands, or consents required or permitted under these Terms
of Use shall be in writing and shall be delivered personally; sent by registered
or certified mail, return receipt requested; or by a reputable overnight courier
service, to the appropriate party at the following addresses:
If to User:
At User’s street address or e-mail maintained by the Website Owner.
If to the Website Owner:
Legal Department Bank of American Fork 195 East 6100
South Murray, Utah 84107 Attention: Randall D. Benson
The foregoing addresses may be changed from time-to-time by delivering notice of
by and construed in accordance with the laws of the state of Utah. User acknowledges
business in the state of Utah. By accessing the Website, User voluntarily submits
and consents to, and waives any defense to the jurisdiction of courts located in
Salt Lake County, state of Utah, as to all matters relating to or arising from these
- Costs of Litigation. If any action is brought by either party against the other
be entitled to recover, in addition to any other relief granted, reasonable attorney’s
fees, costs, and expenses of litigation.
of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate
- No Waiver. The waiver by either party of, or the failure of either party to take
action with respect to, any breach of any term, covenant or condition contained
or condition, or subsequent breach of the same, or any other term, covenant or condition
breach of the party making payment with respect to any term, covenant or condition
the entire agreement between the Website Owner and User concerning the Website and
or prior proposal, representation, agreement, or understanding between the parties;
and (iii) may not be amended except in writing signed by the Website Owner and User.
benefit of the Website Owner and User and are not intended to benefit any third
party. No third party may claim any right or benefit under or seek to enforce any
- Survival. The provisions of Sections 6, 9, 11, 13, 14, 15, 16, 18, and 19 of these
20. Definitions. The following
- Confidential Information has the meaning set forth in Section 13 of these Terms
- User’s Website has the meaning set forth in Section 8.a.
- Link has the meaning set forth in Section 8.a.
- Linked Website has the meaning set forth in Section 7.
- Marks has the meaning set forth in Section 6.a.
- Website Owner has the meaning set forth in the opening paragraph of these Terms