The following terms and conditions constitute a legal agreement ("Agreement") between Austin Acquisition Inc., a wholly owned subsidiary of Bank of America Corporation operating under the name Works ("Works") and you ("you" or "your") regarding your use of Works' Web site ("Site"). Please read all of the following terms and conditions before using this Site. By accessing, browsing, and/or using this Site, you represent and warrant that: you have read, understood, and agreed to be bound by these terms and conditions; this Site may be used by you solely for informational purposes; your use of this Site is subject to all applicable laws and regulations; and, to the extent there is another agreement between you and Works, these terms are supplemental and not a conflicting agreement. If you do not agree to the following terms and conditions, do not access or use this Site.
Limited License
Subject to the terms and conditions set forth in this Agreement, Works grants
to you a non-exclusive, non-transferable, limited right and license to: (1)
access, use and display this Site and the Content on this Site solely for informational
purposes; and (2) view and download the information and materials on this Site
("Content") only for your personal, non-commercial use. Except as
expressly stated herein, you may not copy, reproduce, distribute, republish,
download, display, post, or transmit any Content in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission of Works. You further agree
not to interrupt or attempt to interrupt the operation of the Site in any way.
This Site, including all Content, is copyrighted and protected by U.S. and foreign copyright laws and international treaty provisions. The limited right and license granted above does not transfer title in the Content or any copies of the Content. You agree to retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content. You may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose. You agree to abide by any additional restrictions displayed on the Site as it may be updated from time to time. You agree to comply with all copyright laws and treaties worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Works does not grant any express or implied right to you under any intellectual property rights.
Works may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time and for any reason. Works may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The limited right and license granted above terminates automatically if you breach any of the terms and conditions of this Agreement. Works may also terminate the limited right and license given above at any time for any reasons. Upon any termination of the limited right and license given above, you shall immediately destroy all Content.
Intellectual Property; Information You Provide to Works
All trademarks, servicemarks, trade names, and logos ("Marks") used
and displayed on the Site are registered and unregistered marks of Works or
the respective third party owner. Nothing on the Site is to be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Marks, without the written permission of Works or the owner of the Mark.
Works' Marks may not be used in any way without prior written permission from
an authorized representative of Works.
Any personal identifying information you provide to Works through this Site is protected by Works' Web Site Privacy Policy.
You agree that Works does not want you to, and you should not, send any confidential or proprietary information to Works through the Site. Any information or materials, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Works by you or on your behalf through the Site, including but not limited to any related intellectual property, will not be considered confidential or proprietary and become the exclusive property of Works without compensation. You hereby agree to take whatever further actions may be necessary to assign your rights to the same to Works. Without limiting the foregoing, if any such information or materials is provided to Works, you agree that Works will have an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials for any purpose whatsoever, and you further agree that Works is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Works. You are prohibited from posting or transmitting, and you warrant that you will not post or transmit, to or from the Site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any information that incorporates the proprietary information or material of another.
Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE CONTENT MAY CONTAIN INACCURACIES.
WORKS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE
RELIABILITY OF ANY INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION ON THE SITE IS AT YOUR
SOLE RISK. WORKS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY
INACCURACIES OR ERRORS IN ANY PORTION OF THE SITE. WORKS MAY MAKE ANY OTHER
CHANGES TO THE SITE, THE CONTENT AND THE PRODUCTS AND SERVICES DESCRIBED IN
THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE AND THE CONTENT ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Links to this Site
Any link to this Site must be approved in advance and in writing by Works.
Links to Other Web Sites
As a convenience to you, Works may provide, on this Site, links to Web sites
operated by third parties. You will leave the Site if you use these other sites.
If you visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses or other destructive
elements. Works makes no warranty or representation regarding, and does not
endorse, any linked Web sites or the information appearing there or any of the
products or services described there. Links do not imply that Works or this
Site sponsors, endorses, is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of Works.
Limitation of Damages
IN NO EVENT WILL WORKS OR ANY OF ITS AFFILIATED COMANIES BE LIABLE TO ANY PERSON
OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION PROCESSING SYSTEM)
THAT ARE RELATED TO OR ARISE FROM THE USE OF, OR THE INABILITY TO USE, THIS
SITE, THE CONTENT, AND/OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN
IF WORKS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to this Agreement
Works reserves the unrestricted right, in its sole discretion, to modify any
portion of this Agreement, in whole or in part, at any time. Changes in this
Agreement will be effective when the changed terms are posted. Your continued
use of the Site after any changes to this Agreement are posted will be considered
acceptance of those changes.
International Users and Choice of Law
This Site is controlled, operated and administered by Works from its offices
within the United States of America. Works makes no representation that any
Content is appropriate or available for use at locations outside of the United
States. You may not use the Site or export the Content in violation of U. S.
export laws and regulations. If you access this Site from a location outside
of the United States, you are responsible for compliance with all local laws,
rules and regulations. The terms and conditions of use of this Site shall be
governed by the laws of the State of Texas, without regard to its conflict of
laws provisions.
Miscellaneous
This Agreement constitutes the entire agreement between Works and you with respect
to your use of the Site and any Content. Any cause of action you may have with
respect to your use of the Site or any Content must be commenced within one
hundred and eighty (180) days after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision of this
Agreement or portion thereof to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of this Agreement,
and the remainder of this Agreement shall continue in full force and effect.