This is a legally binding agreement. Please read these terms and conditions carefully. By registering for use of the Bank Shot Mobile™ , you acknowledge your agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you may not register for use of the mobile app.
This agreement states the terms and conditions for your use of the Bank Shot Mobile™ application (the “App”) provided to you by Bank Shot’s customer (the “Company”). Please read these terms carefully.
You represent that any information about yourself provided to the Company regarding your use of the App (the “Registration”) is and will be true and complete. The Registration is incorporated in and made a part of this agreement.
The Company hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App only as specifically set forth in this agreement and only for purposes of initiating payments to the Company. The Company reserves for itself and its licensors any rights not expressly granted in this agreement.
You acknowledge that the App is provided to you free of charge (although your financial institution may charge fees for payments processed through the App) and the Company may terminate this agreement and the license granted in this agreement at any time with or without notice to you by disabling your access to the App. You may terminate this agreement at any time upon written notice to the Company.
You may not provide your login information (including your password) to anyone else or allow anyone to login to the App using your login information. You may not permit any other individual or company to use, access, or view the App. You acknowledge that it is your responsibility and risk to ensure the security of the mobile device to which you install the App, including by the use of a complex passcode to such device, to ensure that no person obtaining such mobile device may gain access to the App in order to effect payments from your bank account.
You acknowledge and agree that you do not acquire any ownership rights to the App through this agreement or by your use of the App. The Company and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and all intellectual property and proprietary rights therein. You acknowledge that you may suggest improvements and/or communicate to the Company ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this agreement and that you and the Company may discover or create the Ideas jointly, and you agree that any such Idea shall be and remain solely the property of the Company and/or its licensors and may be used and sold, licensed, or otherwise provided by the Company and/or its licensors to third parties, or published or otherwise publicly disclosed, in the Company’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you.
You hereby assign to the Company any and all of your rights, titles, and interests in and to any such Ideas. In order for the Company to provide the App, you grant to the Company, during the term of this agreement, a non-exclusive right and license to use, copy, distribute, display, and transmit information you enter during Registration and into the App solely to the extent necessary for providing the App services. The App maintains certain personally-identifiable information about you. Except as otherwise required by law or court order or as described in the Company’s Privacy Statement or in an authorization that you give the Company (through the App or otherwise), the Company will not use or disclose any such information for any purpose other than to provide the App services and for the Company’s related business and administrative purposes. The foregoing notwithstanding, the Company may compile (or permit its licensors to compile) anonymous statistical data relating to your use of the App so long as such statistical data does not identify you. You hereby assign to the Company any and all of your right, title, and interest in and to such statistical data.
You acknowledge that the App constitutes valuable assets and trade secrets of the Company and/or its licensors and that the App is protected by United States patent law, United States copyright, and/or international law. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the App.
You hereby authorize the Company, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by e-mail, telephone (including to cellular phone numbers), and text messages in order to confirm payments made through the App and for other purposes related to the App and the services provided to you by the Company, and you consent to such communications. Note that your carrier may charge for these incoming calls or messages.
You may not do any of the following: (i) rent, lease, resell, assign, or otherwise transfer rights or access to the App; (ii) distribute, copy, reproduce, display, republish, or transmit any portion of the App; (iii) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the App or any software or programming related thereto; (iv) “frame” or “mirror” any portion of the App; (v) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the App; (vi) use any device, software, methodology, or routine to interfere with the proper working of the App or servers or networks connected to the App; (vii) access data of which you are not an intended recipient or log into a server or account on a network related to the App that you are not expressly authorized to access; (viii) harvest or collect information about other Company users; (ix) restrict or inhibit any other person from using the App, including by means of “hacking” or defacing any portion of the App; or (x) attempt to do, or assist anyone else with doing or attempting, any of the foregoing.
THE APP AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. THE COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT THE COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.
Due to the continual development of new techniques for intruding upon and attacking networks, the Company does not warrant that the App, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the App or the unauthorized disclosure or compromise of your information in the App.
Laws regarding the transmission of personal information may vary from one state to another in the United States. You agree that you will use the App only in a manner that complies with all applicable laws in the jurisdictions in which you use the App and that your use of the App is subject to all applicable local, state, national laws and regulations. You further agree to access the App only from within the United States.
NEITHER THE COMPANY NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE YOUR RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE APP IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless the Company, its licensors, and their respective officers, directors, employees, and agents for any violation by you of the terms of this agreement.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP.
This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Except as otherwise expressly provided herein, this agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement.
If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected and the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein.
This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia (other than its conflicts of law provisions) and venue for any dispute shall be exclusively in the federal or superior courts located in Fulton County in the State of Georgia.
You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.
The Company’s licensor that provides the App to the Company so that the Company may make it available to you Bank Shot Holdings, LLC, is intended to be, and shall be, a third-party beneficiary of this agreement with rights to enforce this agreement against you.