Terms of Use
1. Introduction
By accessing or using the DirectorCorps, Inc. (“Bank Director,” “we,” “us” or “our”) website, located at https://www.bankdirector.com (the “Website”), you agree to comply with and be bound by these Terms of Use (the “Terms”), as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Website.
2. Intellectual Property Rights
a. Third Party Intellectual Property
Bank Director respects the copyrights, trademarks, patents and other intellectual property of the third parties who provide software support and services to Bank Director in connection with its business operations and this website.
b. Bank Director’s Intellectual Property
The Website and all of its contents, including all information, text, graphics, Trademarks (defined below), icons, images, audio and video content, data compilations, software, and the design, selection, and arrangement thereof (collectively, the “Bank Director Content”), are the exclusive property of Bank Director or our licensors and may not be used or exploited in any way without prior written consent. For the avoidance of doubt, all references to the “Website” in these Terms includes the Bank Director Content.
You may not otherwise modify, copy, distribute, display, reproduce, sell, license, create derivative works from, use, or exploit the Bank Director Content in any manner without the prior authorization of Bank Director. Any unauthorized use of the Bank Director Content may violate copyright laws, trademark laws, and other applicable laws.
The trademarks, logos, and any designs used or displayed on the Website are trademarks and/or service marks owned by Bank Director (the “Trademarks”). Any use of the Trademarks without prior written permission of Bank Director is strictly prohibited. Bank Director’s Trademarks include, but are not limited to, the following federally registered trademarks:
• ACQUIRE OR BE ACQUIRED
• BANK DIRECTOR
• BANK DIRECTOR CERTIFICATION
• DIRECTORCORPS
• FINXTECH
• RANKINGBANKING
• STRONG BOARD, STRONG BANK
• THE SLANT A DIFFERENT TAKE ON BANKING
The absence of a trademark notice or symbol indicating the registration or ownership of the Trademark does not constitute a waiver of Bank Director’s trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Any unauthorized use of the Trademarks may constitute trademark infringement under federal and Tennessee law and may subject you to civil and criminal penalties.
c. Permissions
If you wish to use any of the Bank Director Content, you must obtain prior written consent from Bank Director. To link, license, or republish articles featured in the Bank Director magazine and the Website, you must obtain permission from reprints@bankdirector.com. Any permission granted by Bank Director will be limited, non-exclusive, non-transferable, and revocable, and will be subject to any additional terms specified in the permission grant.
Where Bank Director grants you permission to use Bank Director Content, including permission to link, license, or republish articles, you must retain all original credits, copyright notices, trademarks, and author bylines, and you may not remove, obscure, or alter any proprietary notices. You may not edit the permitted content, and in all cases you must preserve the integrity and meaning of the original content and comply with any style, attribution, and quality-control requirements communicated by Bank Director.
Bank Director may at any time, in its sole discretion, request that you remove, disable, or cease any use of Bank Director Content, including uses that exceed or fall outside the scope of the permission granted. You agree to comply with any such request within twenty-four (24) hours of receipt, including by removing or disabling the applicable content and links. Failure to comply may result in legal action and you shall be liable for Bank Director’s costs and attorneys’ fees incurred in enforcing this provision.
3. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
THE WEBSITE AND ALL BANK DIRECTOR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANK DIRECTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANK DIRECTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR EFFICACY OF INFORMATION CONTAINED ON THE WEBSITE. BANK DIRECTOR DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT, SERVICES, OR FUNCTIONS MADE AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
IN NO EVENT SHALL BANK DIRECTOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY BANK DIRECTOR CONTENT, EVEN IF BANK DIRECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BANK DIRECTOR’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. APPLICABLE LAW, JURISDICTION, AND DISPUTE RESOLUTION
LIMITATION OF ACTIONS. Any claim or dispute arising out of or relating to these Terms or your use of the Website must be brought within one (1) year after the claim or cause of action arises, or such claim or cause of action is forever barred, regardless of any statute or law to the contrary. This limitation period applies to all causes of action of any kind, whether based on statute, contract, tort, or any other legal or equitable theory.
These Terms shall be governed by and construed in accordance with the laws of the state of Tennessee, without giving effect to any conflict of laws principles that would result in the application of the laws of any other jurisdiction. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action or proceeding arising out of or relating to these terms or your use of the website.