Terms of Use (“Terms”)

Our Terms of Use were last updated on July 1, 2022.

Please read these Terms of Use carefully before using Our Service and print or download a copy of these Terms of Use for Your records.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access Our Service or parts of Our Service.
“Company” (also referred to as either “the Company”, “We”, “Us” or “Our”) refers to Thomas Asset Group LLC, a Colorado, U.S.A., Limited Liability Company.
“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Service” refers to the Website.
“Terms of Use” (also referred to as “Terms“, “these Terms”, or “the Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to the BankInsights.io internet web site accessible from the URL bankinsights.io including all subdomains, paths, and pages whether public, private, restricted, or accessible using a free or paid subscription offered by Us.
“You” (also referred to as either “Your” or “Yours”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service including all visitors, users, free or paid subscribers, and others who access or use the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. The terms of Our Privacy Policy are expressly incorporated fully into these Terms of Use, and You agree to be bound by the most current version of Our Privacy Policy. Please read Our Privacy Policy carefully before using Our Service.

We may modify these Terms of Use from time to time by posting modified Terms of Use on or accessible through the Website, or by otherwise notifying You of such modifications. Your continued use of the Service thereafter will constitute Your agreement to such modifications. At the time of any material modifications, We will change the “Last Updated” date on the Terms of Use. You agree to review these Terms of Use from time to time so that You are apprised of any changes. Changes to these Terms of Use are effective when they are posted on the Website.

Unless otherwise specified in these Terms of Use or the Service, these Terms of Use constitute the entire agreement between You and Us with respect to the Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Us with respect to the Service.

User Accounts

When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account on Our Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

Access to restricted content of the Service, accessible through a free or paid subscription offered by Us, is intended for Your sole use. You may not provide access to restricted content of the Service, accessible through a free or paid subscription offered by Us, directly or indirectly to any third party. You may be held accountable for damages (including costs and attorneys’ fees) for a breach of these Terms.

We may refuse to allow any user from creating an Account or using Service for any reason at Our sole discretion.

Cancellation

You can cancel Your free or paid subscription to access the Service’s restricted content at any time, and You will continue to have access to Your subscription and its restricted content through Your current subscription’s end date.

No Refunds

Payments are nonrefundable and there are no refunds or credits for partially used subscription periods.

Circumvention

You agree to use the Service solely for Your personal use and for commercial use limited to Your own transactions as permitted by the Terms of Use.

You may not use any robot, spider, web crawler, deeplinking or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Service, or in any way circumvent the navigational structure or presentation of the Service or portion thereof. You may not attempt to gain unauthorized access to any portion of the Service by any means. You agree that You will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Service or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Service. Any unauthorized use or misuse of the Service may be a cause for terminating Your right to use the Service. We reserve the right, in Our sole discretion, to terminate Your access to any part or portion of the Service with or without notice. You may be held accountable for damages (including costs and attorneys’ fees) for a breach of these Terms.

Content

Your Right to Post Content

Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at legal@bankinsights.io and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at legal@bankinsights.io. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States of America (U.S.A.) and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You may be held accountable for damages (including costs and attorneys’ fees) for a breach of these Terms.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE COMPANY SERVICE, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SERVICE (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

Indemnification

You will not use the Service for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend, and hold harmless Company, its affiliates, successors, assigns, licensees and any of their officers, directors, employees, agents, subcontractors, licensors and suppliers, from any liability, loss, claim and expense (including REASONABLE attorneys’ fees) related to Your violation of these Terms of Use, and/or the use of the Service by You or anyone using Your Account, password, login information, computer, or mobile device. You are solely responsible for defending any claim, subject to the Company’s right to participate with counsel it selects, and You will not agree to any settlement that imposes any obligation, liability, or admission of guilt on the part of Company without prior written consent of Company. If You violate any provision of this section of the Terms of Use, Company may terminate Your access to the Service without notice, and You have indemnity obligations to Company and other third parties entitled to indemnification as a result of Your violation of these Terms of Use. This section, as well as other sections that are intended to survive, shall survive termination of Your access to or use of the Service.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.

We do not guarantee that Our Service, or any content contained within or accessible through Service, will always be available or uninterrupted. Access to the Service may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Us. We are not liable to You if, for any reason, the Service is unavailable at any time or for any period.

Disclaimers

THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.

To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO CEASE USE OF THE SERVICE. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Reservation of Rights.

Any rights not expressly granted in these Terms of Use are reserved by Company, and Company reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.

Governing Law

The laws of the United States of America (U.S.A.) and Boulder County, Colorado, United States of America (U.S.A.), excluding its conflicts of law rules, shall govern these Terms of Use and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

YOU AGREE THAT YOUR USE OF SERVICE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT any claim or controversy arising out of or relating to the use of Service or to any acts or omissions for which You may contend Company is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ. This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.

YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Boulder County, Colorado, United States of America (U.S.A.). The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, You will select an arbitrator from a panel of arbitrators acceptable to Company. In any arbitration, the plaintiff will pay the filing fee and other costs associated with filing for arbitration, with the costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.

Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, You agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Boulder County, Colorado, United States of America (U.S.A.). If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Assignment

Company may assign these Terms of Use, in whole or in part, at any time with or without notice to You. You may not assign these Terms of Use or assign, transfer or sublicense Your rights, if any, in the Service.

Contact Us

If You have any questions about these Terms of Use, You can contact Us via email at legal@bankinsights.io.