Terms of Use

These Terms of Use (“Terms of Use”) governs the access to and use of the Community Interest™ blog (the “Blog”) by users (each, a “User”). The User’s access to and use of the Blog is expressly conditioned on the User’s compliance with these Terms of Use. By accessing or using the Blog, the User agrees to be bound by these Terms of Use. If User does not agree to these Terms of Use, the User should not access or use the Blog. Bank of American Fork (the “Bank”) reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting on the Blog. By using the Blog after the Bank has posted any modifications, updates or revisions, User agrees to be bound by such revised Terms of Use.

  1. Blog Posting. User agrees and acknowledges that all content posted to the Blog is the sole responsibility of the individual User who originally posted the content. As used in these Terms of Use, “Content” shall mean any data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, comments, and narratives submitted by the Bank or other Users to the Blog. User further agrees and acknowledges that all opinions expressed by any other User are expressed strictly in the individual capacity of the posting User and not as the Bank’s representative or its sponsor or partner, and that any such opinions do not necessarily reflect the views or opinions of the Bank.
  2. Intellectual Property Ownership.
    1. User acknowledges and agrees that the trademarks of the Bank (the “Marks”), the Blog, and the look and feel of the Blog, to the extent protectable, are proprietary, original works of authorship of the Bank, or licensors of the Bank, 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 Blog, and the look and feel of the Blog are and shall remain with the Bank or its licensors, and Users may not use the Marks, or any other trademarks or copyrighted materials appearing on the Blog, including without limitation any logos, without the express prior written consent of the Bank or other owner of the mark or copyright. Without the prior written consent of the Bank, User’s modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of the Bank or its licensors, and is prohibited.
    2. User hereby grants to the Bank a non-exclusive, irrevocable, worldwide, perpetual, royalty free license to use, copy, publish, reproduce, prepare derivative works, distribute, and display the Content or any derivative works thereof on the Blog. Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party. User represents and warrants to the Bank with respect to the Content that the Content, and the license of rights in and to the Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party.
    3. User shall indemnify and hold harmless the Bank, and its officers, directors, employees, shareholders 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 with any claim that the Content or any portion of the Content infringes the rights of any third party. USER ACKNOWLEDGES THAT THE FOREGOING SENTENCE MEANS THAT USER MUST OBTAIN ASSIGNMENTS OR LICENSES FROM THE AUTHORS OF ANY PORTIONS OF THE CONTENT, INCLUDING AFFILIATES, PHOTOGRAPHERS, AND OTHER THIRD PARTY CONTRIBUTORS, AS NECESSARY FOR USER TO LICENSE THE CONTENT TO THE BANK AND TO OTHERWISE MAKE FULL USE OF THE CONTENT UNDER THESE TERMS OF USE. IF USER FAILS TO DO SO, USER WILL ASSUME AND REIMBURSE THE BANK FOR THE COST OF DEFENDING THE BANK AGAINST INFRINGEMENT CLAIMS AND PAYING DAMAGES ON ANY SUCH CLAIMS.
  3. Links to Other Websites. The Blog may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User’s convenience and information only and, as such, User accesses them at User’s own risk. User agrees and acknowledges that the Bank is not responsible for, and does not endorse, 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 Bank is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, the Bank is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a Linked Website.
  4. Removal of Content. The Bank reserves the right to remove any Content in its sole discretion.
  5. General Prohibitions. User shall not:
    1. Knowingly submit any information that is false or misleading, including any Content with any false or misleading information, and User shall not impersonate or misrepresent User’s affiliation with any person or entity;
    2. Knowingly submit any Content that invades another’s right to privacy;
    3. Post or transmit any Content that is harassing, threatening, infringing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or is otherwise in violation of federal, state, or local laws and regulations;
    4. Use the Blog to post or transmit unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services to any other Users; or
    5. Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Blog.
  6. Representations, Warranties, and Covenants. User represents, warrants, and covenants the following:
    1. User has all right, title and interest, including all copyright rights and other intellectual property rights, in and to the Content submitted by such User.
    2. If any graphical Content includes any persons, or the likeness or image of any person, User has obtained the written consent of each such person to the display of the person’s likeness or image in the graphic, including a waiver of all applicable publicity rights, and delivered a copy of such consent to the Bank.
    3. There is no claim, litigation or proceeding pending or threatened with respect to the Content submitted by User.
    4. User shall not use the Blog for any purpose that is prohibited by these Terms of Use.
    5. By using the Blog, these Terms of Use will be valid, binding and enforceable with respect to the User in accordance with these terms. The performance of User’s obligations under these Terms of Use will not constitute a default, or 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.
  7. No Warranty. THE BLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE. THE BANK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  8. Not Advice. The content of the Blog is provided for informational purposes only.  It is not intended to be and should not be considered legal advice, accounting advice, tax-planning advice, estate-planning advice, or any other type of advice either from the Bank or from any third party who may have provided the content.  Users should consult their own qualified professionals for such advice.
  9. Limitation of Liability.
    1. THE BANK’S ENTIRE AND CUMULATIVE LIABILITY TO USER FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE BLOG, OR CONTENT SHALL NOT EXCEED AN AMOUNT EQUAL TO $1,000.
    2. WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE BANK 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 BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
  10. Copyright Infringement Policies. If any User is a copyright owner or an agent thereof and believes that any posting or other Content on the Blog infringes upon its copyrights, User may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the designated agent for the Bank (“Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Bank to locate the material;
    4. Information reasonably sufficient to permit the Bank to contact you, such as an address, telephone number, and email address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Pursuant to the DMCA, 17 U.S.C. § 512(c)(2), the Bank’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be:

    Randall D Benson
    General Counsel
    Bank of American Fork | Legal Department
    380 North 200 West, Suite 101, Bountiful, Utah 84010
    randall.benson@bankaf.com

  11. General.
    1. Governing Law; Submission to Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Utah. User acknowledges that by using the services provided under these Terms of Use, User has transacted business in the state of Utah. By transacting business in the state of Utah, 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 Terms of Use.
    2. Costs of Litigation. If any action is brought by either party against the other party regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation.
    3. Severability. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of these Terms of Use.
    4. 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 in these Terms of Use shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in these Terms of Use.
    5. Entire Agreement. These Terms of Use (i) constitute the entire agreement between the Bank and User concerning the Blog, Content, and all other subject matter of these Terms of Use; and (ii) supersede any contemporaneous or prior proposal, representation, agreement, or understanding between the parties.
    6. No Third Party Beneficiaries. These Terms of Use are for the sole and exclusive benefit of the Bank 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 of the terms and conditions of these Terms of Use.
 
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