4. Restrictions. By accessing the Site, you agree not to engage in any of the following:
- Circumvent, disable, or otherwise interfere with security-related features of the Site or features preventing or restricting use or copying of any Content or User Information;
- Email, upload, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site to send altered, deceptive, or false source- identifying information;
- Use any meta tags or other hidden text or metadata utilizing a WiseBanyan name, trademark, URL or product name;
- Transmit or post any file which contains viruses, Trojan horses or any other contaminating, disruptive or destructive computer code or features, or that otherwise interferes with the proper working of the Site;
- Upload, email, transmit, provide, or otherwise make available any User Information that includes code that is hidden or otherwise surreptitiously contained within the User Information;
- Collect or store personal data about other Users;
- Attempt to probe, scan, or test the vulnerability of any WiseBanyan system or network or breach or impair or circumvent any security or authentication measures protecting the Site;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the tools, features, software programs and technologies on the Site;
- Attempt to access, search, or meta-search the Site or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by WiseBanyan or other generally available third- party web browsers, including without limitation any software that sends queries to the WiseBanyan to determine how a website or web page ranks;
- Violate the terms of service or any other rule or agreement applicable to you or WiseBanyan through the Site’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud;
- Solicit any user for any investment or other commercial or promotional transaction;
- Violate any applicable law, regulation, or ordinance;
- Use, launch, or permit to be used any automated system, including without limitation “robots,” “crawlers,” “scrapers,” or “spiders”; or
6. Secured Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the website may be subject to prosecution.
7. Copyright and Other Intellectual Property. WiseBanyan maintains the Site, and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within the Site. The materials contained within the Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. WiseBanyan also owns a copyright in the selection, coordination and arrangement of the material contained within the Site.
The material contained within the Site is provided by WiseBanyan only for lawful uses by customers, WiseBanyan employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of WiseBanyan.
a. License Grant. WiseBanyan does not claim ownership rights in your User Information. However, by uploading, submitting, emailing, posting, publishing, providing, approving, sharing or otherwise making available any User Information to WiseBanyan or within the Site, you hereby grant WiseBanyan a nonexclusive, worldwide, royalty-free, sublicensable, perpetual, and irrevocable right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit such User Information in any form, medium, or technology now known or later developed, including without limitation on the Site (including areas of the Site different from the area of the Site to which you provided the User Information), and on third-party websites through which you access the Site or parts thereof. In addition, you warrant that all moral rights in any User Information have been waived, and you do hereby waive any such moral rights. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to WiseBanyan. WiseBanyan shall own all right, title and interest in and to all derivative works and compilations of User Information that are created by WiseBanyan, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by WiseBanyan to give to WiseBanyan the full benefit of the rights granted to WiseBanyan by you.
b. Limitations. You acknowledge and agree that WiseBanyan may, at its option, establish limits concerning User Information, including without limitation the maximum number of days that User Information will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Information. WiseBanyan shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Information.
9. Communications. The Site provides you WiseBanyan e-mail addresses so that you may communicate electronically by sending an e-mail message to WiseBanyan. All e-mail sent to and from WiseBanyan will be received or otherwise recorded by the WiseBanyan corporate e-mail system and is subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. In the course of its communications with you, WiseBanyan may also, at its sole discretion, choose to use telephonic communications if you provide us with a telephone number. Communications through the Site may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal financial information and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information. It is your responsibility to update or change your e-mail address, as appropriate.
WiseBanyan assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked (a “linked website”) and such linked websites are not monitored, investigated, or checked for accuracy or completeness by WiseBanyan. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.
11. Limited Liability. Neither WiseBanyan nor any other party involved in the creation, production or delivery of the information at the Site, nor the officers, directors, employees or representatives of WiseBanyan, are liable in any way for any indirect, special, punitive, consequential, or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the Site or the use of the Site or with the delay or inability to use the Site, whether or not WiseBanyan is made aware of the possibility of such damages. This limitation includes, but is not limited to, the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment, any incompatibility between the Site’s files and your browser or other Site accessing program, or any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure. WiseBanyan does not guarantee continuous, uninterrupted or secure access to the Site. The information, software, products and description of services published on the Site may include inaccuracies or typographical errors, and WiseBanyan specifically disclaims any liability for such inaccuracies or errors. Changes are periodically made to the information on the Site. WiseBanyan may make improvements or changes to the Site at any time.
12. No Warranties. All products, services and content on the Site are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. WiseBanyan does not endorse and is not responsible for the accuracy or reliability of any information on the Site. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on the Site. WiseBanyan specifically disclaims any duty to update the information on the Site.