1.1. This agreement governs your use of the Western City Bank information service (the “Service”), including Discussion Areas, which is operated by Western City Bank. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this “Agreement.”
1.2. Western City Bank reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Western City Bank as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
2. Use of Content
2.1. You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of Western City Bank or third parties. All Content on the Service is copyrighted as a collective work of Western City Bank pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.2. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to Western City Bank the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3. No Endorsement
Western City Bank does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users represents the views of the user posting the statement, and does not represent the views of Western City Bank.
3.2. The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that Western City Bank is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold Western City Bank and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Western City Bank Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Western City Bank Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. Western City Bank reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Western City Bank defense of such claim.
5. Disclaimer of Warranties; Limitation of Liability.
5.1. Neither Western City Bank nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does Western City Bank any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an “As is, as available” basis. None of Western City Bank, third party content providers and their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service.
5.2. Neither Western City Bank , any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
6. Indemnity for liability Instrument:
6.1. All liability instrument issued or purported to be issued by Western City (“Bank”) (including without limitation, Advance Payment Guarantee, Performance Bond, Retention Bond, Warranty Bond, Bank Guarantee, Bid Bond, Bid Security, Tender Guarantee, Tender Security, Standby Letter of Credits, amongst others) shall require independent written verification or authentication of such instrument by the company secretary or legal adviser of the Bank before any reliance can be placed on such instrument by any beneficiary or any other party.
6.2. Please note that the Bank shall not be held liable to any party or beneficiary for any loss or damage of whatever nature (whether direct or indirect) suffered as a result of reliance placed on an unconfirmed or unverified instrument issued or purported to be issued by the Bank.