Last updated: October 27, 2020
Please read these Terms and Conditions (“Terms and Conditions”) carefully before accessing and/or using the https://clearpointfederal.com/website (the “Service”) operated by ClearPoint Federal Bank & Trust (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who wish to access and/or use the Service.
By accessing and/or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you do not have permission to access and/or use the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain our exclusive property but may be used by our authorized licensees. The Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links To Other Web Sites.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless ClearPoint Federal Bank & Trust and its licensees and licensors, and their respective shareholders, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms and Conditions.
Limitation Of Liability
In no event shall ClearPoint Federal Bank & Trust, nor its shareholders, directors, officers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimers
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ClearPoint Federal Bank & Trust, including its licensees and licensors, does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations set forth above under “Disclaimers” above may not apply to you.
Applicable Law/Jurisdiction/Venue
By accessing and/or using the Service, you agree that any dispute relating to these Terms and Conditions shall be governed and construed in accordance with the laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule that would cause the application of the law(s) of any other jurisdiction. You also understand, acknowledge and agree that any lawsuit or regulatory action arising in connection with your use of the Service shall be instituted in Ripley County, Indiana.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights or provisions. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 15 days notice prior to any new terms or conditions taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access and/or use our Service after any revisions to these Terms and Conditions become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new terms or conditions, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us.