Terms & Conditions
WEB SITE OWNERSHIP
This Web site is owned and operated by Bankerbags, 6 West 20th Street, New York, NY 10011, which is referred to below as “Bankerbags”, “we”, “us”, “our” or “Company”.
You agree that:
(b) you will only access or use this Web site and transact business with us if you are at least 18 years old;
You agree not to use or attempt to use this Web site for any purpose that:
(a) interferes with or induces a breach of the contractual relationships between Bankerbags and its employees;
(b) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
(c) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications;
(d) transmits any harmful or disabling computer codes or viruses;
(e) interferes with our network services;
(f) attempts to gain unauthorized access to our network services;
(g) impairs or limits our ability to operate this Web site or any other person’s ability to access and use this Web site; and/or
(h) uses any methods, means or devices to click on to this Web site or cause a visit to this Web site for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting real estate related business with Bankerbags.
(i) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(j) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(k) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(l) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(m) dilutes or depreciates the name and reputation of the Bankerbags or any of its affiliates;
(n) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or
(o) unlawfully uploads any confidential, proprietary or trade secret information.
USE AND ACCESS OF THIS WEB SITE
Bankerbags reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this Web site. You agree that you may not use or attempt to use any part of this Web site to represent that you have any (express or implied) affiliation with Bankerbags or broker relationship with Bankerbags without the express written permission of Bankerbags. You may not use this Web site to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of this Web site.
You agree and acknowledge that you have the sole responsibility and liability for your use of this Web site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this Web site.
INTELLECTUAL PROPERTY RIGHTS
The following marks are registered trademarks of Bankerbags. All Rights Reserved: Bankerbags, Dealgifts, Arrow Promotionals
Web Page Content: You acknowledge and agree that:
(a) all source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of this Web site (collectively “Web Page Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and
(b) all rights associated with the Web Page Content are owned by Bankerbags, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Web Page Content.
You may not use Web Page Content, domain names (in whole or in part), or e-mail addresses related to or derived from this Web site, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this Web site, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this Web site:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other Web site including, but not limited to, comparative/informational Web sites; and/or
(d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s Web site or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
Bankerbags is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on this Web site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to:
6 West 20th Street
New York, NY 10011
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites: For your convenience, this Web site may provide links to other Web sites on the World Wide Web. Unless expressly stated otherwise on this Web site, Bankerbags does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any Web sites to which this Web site may provide a link. By using this Web site you acknowledge and agree that Bankerbags will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.
No Advertising / No Links. Bankerbags does not permit third-party advertising on this Web site. Except with the written permission of Bankerbags, you agree that you will not create links from any Web site or webpage to this Web site or any webpage within this Web site.
You understand and acknowledge that Bankerbags controls and operates this Web site from within the United States of America. This Web site provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this Web site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Web site.
USER IDs AND PASSWORDS
Certain areas or features of this Web site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Web site. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this Web site. You agree to notify Bankerbags immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Web site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Web site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Web site employ technologies to secure your data and the transmissions between you and Bankerbags, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Mandatory and Optional Information: We identify what information is required to fulfill your request. If you chose not to provide mandatory information, we will not be able to provide you the service you are requesting.
Contests, Sweepstakes, and Surveys: From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding the Affiliate Family products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
Service Providers: In some cases, we will employ or use service providers such as title companies, appraisers, consultants, temporary workers, third party software developers, to complete a business process or provide a service on our behalf. For example, we may use service providers to enhance our Web site technology, deliver products, or to send e-mails. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Service Alerts and Critical Notices: Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.
Change of Control: Your personally identifiable information may be transferred in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of Bankerbags. You will have the opportunity to opt out of further secondary use of your information following any change of control.
Legal Disclosures: In some cases we may disclose certain information to comply with a legal process, such as a court order, subpoena, search warrant, or law enforcement request.
Cookies: A “cookie” is a small piece of information that our web site may provide to your browser while you are at our sites. The Bankerbags Web site supplies your browser with cookies that contain a unique identifier used to better understand web site usage in the aggregate and on an individual level so we know what areas of our site users prefer (e.g., based on the number of visits to those areas). This is done through a tracking utility that allows us, for example, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. Bankerbags may also employ service providers to help us collect and understand our web site usage data.
If you simply want to browse, you do not have to accept cookies from our site. Should you decide, however, that you would like to register and sign in to special areas of the web site and you have modified your browser settings not to accept cookies, you will need to re-set your browser to accept the cookies that we send. Otherwise, you won’t be able to participate in certain areas of the web site. Most browsers are defaulted to accept and maintain cookies.
Web Site Usage Data: Our web site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to email@example.com
COPPA. Our web site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code § 1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org or write us:
6 West 20th Street
New York, NY 10011
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BANKERBAGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. Bankerbags HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE.
YOU ACKNOWLEDGE AND AGREE THAT BANKERBAGS CREATURES IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEB SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEB SITE, BANKERBAGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANKERBAGS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEB SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT BANKERBAGS CREATURES, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEB SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL BANKERBAGS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS WEB SITE. YOU AGREE THAT BANKERBAGS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL BANKERBAGS’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEB SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Web site, PC-talk, chat or via e-mail, do not use the Web site, PC-talk, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Web site, PC-talk, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Web site, PC-talk, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Web site, PC-talk, chat e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: This e-mail may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Bankerbags, you may opt-out by sending an e-mail to email@example.com
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
Unsecured Transmissions: You should be aware that regular e-mail is typically sent via the Internet which is an open network. While certain designated areas within our websites employ technologies to secure your data and the transmissions between you and our Company, general e-mail uses the Internet which is an open system and we cannot provide absolute assurances that all e-mail transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, misdelivered, destroyed, delayed, or intercepted/decrypted by others. Therefore the Company advises against sending personally identifiable information, over e-mail, and disclaims all liability with regard to e-mails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, misdelivered, intercepted, decrypted or otherwise misappropriated by others.
Confidential Information: E-mails sent by our Team Members are confidential (and all attachments to such e-mails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you received an e-mail in error or if it was improperly forwarded to you, the information contained in the e-mail should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. Please notify the sender immediately by telephone or e-mail, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. E-mails marked as “Confidential” contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with applicable privacy laws (including but not limited to the Gramm-Leach-Bliley Act) and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting and reviewing Confidential information provided by the Company, you agree to indemnify and hold the Company harmless against any and all claims, losses, liabilities, or expenses, including attorney’s fees that the Company may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.
Privileged Information: E-mails exchanged with or involving our Legal Team may contain privileged information subject to the attorney client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an e-mail in error or if it was improperly forwarded to you. If you are not the intended recipient of privileged information, please notify the sender immediately by telephone or e-mail and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.
Permission to Be Contacted: By submitting information to Bankerbags through the Web site or otherwise, you are making an inquiry as to Bankerbags’ programs and services and give Bankerbags and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Permission to Share Your Information: When you “submit” information through the Bankerbags Web site or otherwise, Bankerbags may send your information to its affiliates. If you do not want your information shared with Bankerbags affiliates, you should send an opt-out e-mail to firstname.lastname@example.org
Agreement to Provide Accurate Information: In making an inquiry, placing an order or in entering into any other transaction or request for information on this Web site, you agree to provide accurate, true, current, and complete information upon which Bankerbags may rely.
Your Cooperation Needed: Bankerbags generally begins processing your order shortly after submission. If you submit an order, you agree to cooperate as needed and notify Bankerbags of any changes in any information submitted in connection with your order.
Reasonable Efforts: Bankerbags will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Bankerbags is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Bankerbags’ reasonable control.)