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Your access to, browsing of or use of this
website (the "Site") is subject to the following
terms and conditions (the "Terms and Conditions") as
well as all applicable laws. Please read the Terms
and Conditions carefully. By accessing, browsing or
using the Site, you accept and acknowledge your
assent to, without limitation or qualification, the
Terms and Conditions. If you do not agree to the
Terms and Conditions, then please do not
access, browse or use the Site.
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1.) |
Copyright. All designs, text, graphics, the
selection and arrangement thereof, and all code and
software on and in the Site are Copyright © 2004, BankAtlantic
Bancorp, Inc. (the "Company"). All rights reserved. You
should assume that the underlying code and everything
you see or read on the Site (collectively, the "Information") is
copyrighted unless otherwise noted. The Information may
not be used other than in accordance with the Terms and
Conditions without the prior written consent of the
Company. The redistribution, retransmission, republication, sale
or commercial exploitation of the Information is expressly
prohibited without the prior written consent of the Company, except
that you may view and download one copy of the Information to
one computer for your own personal, non-commercial use only, provided
that you do not delete or change any copyright, trademark, or
other proprietary notices. The Company neither warrants nor
represents that your use of the Information will not infringe
upon the rights of third parties not owned by or affiliated
with the Company.
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2.) |
Trademarks. The trademarks, logos, and
service marks (collectively, the "Trademarks") displayed
on the Site are registered and unregistered Trademarks
of the Company and others including the Company's, subsidiaries
and affiliates. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site
without the prior written consent of the Company or such third
party that may own the Trademarks displayed on the Site. The
Trademarks displayed on the Site may not be used other
than in accordance with the Terms and Conditions. You are
also advised that the Company will aggressively enforce
its intellectual property rights to the fullest extent
of the law, including seeking criminal prosecution.
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3.) |
ERRORS AND OMISSIONS.THE COMPANY IS PROVIDING THE SITE AND THE INFORMATION ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPERLINKED HERETO, INCLUDING WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION. ALTHOUGH THE COMPANY USES ITS BEST EFFORTS TO PROVIDE INFORMATION THAT IS ACCURATE AND UP TO DATE, THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION AND DOES NOT UNDERTAKE, AND DISCLAIMS, THE DUTY TO CORRECT OR UPDATE THE INFORMATION.
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4.) |
DISCLAIMER OF LIABILITY. YOUR ACCESS TO, BROWSING OF OR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE COMPANY OR ANY OF IT'S SUBSIDIARIES OR AFFILIATES NOR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVE OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR THE INFORMATION SHALL BE LIABLE FOR DAMAGES, LOSSES, OR CLAIMS, INCLUDING WITHOUT LIMITATION, (A) INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PARTIES, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO, INCLUDING WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS OR OTHER HARMFUL COMPONENT, OR LINE FAILURE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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5.) |
Off-Site Links. The subsidiary,
affiliate and third-party sites hyperlinked to
or from the Site are not under the control
of the Company. The Company has not reviewed any or
all of the subsidiary, affiliate or third-party sites
hyperlinked to or from the Site. The Company does not
make any representations regarding, and is not responsible
for, the content or accuracy of any subsidiary, affiliate
or third-party sites hyperlinked to or from the Site. The
products and services which can be accessed, purchased or
obtained through such subsidiary, affiliate and third-party
sites are from persons or entities other than the
Company. The Company does not make any representations
or warranties of any kind, including warranty of
merchantability or warranty of fitness for a particular
purpose, with regard to such services and products. If
you chose to hyperlink to or from any subsidiary, affiliate
or third-party site hyperlinked to or from the Site, then
doing so shall be at your own risk.
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6.) |
Prohibited Jurisdictions. The Company does not
authorize the downloading or exportation of the Information
or any software or technical data from the Site or to any
jurisdiction which prohibits the downloading or exportation
of such Information or data.
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7.) |
Choice of Law, Jurisdiction, and Venue. The Site, the
Information, the Terms and Conditions, any suit, action
or proceeding arising out of, or with respect to, any of
the foregoing, or any judgment entered by any court in
respect thereof, shall be governed by and construed in
accordance with the laws of the State of Florida without
regard to choice of law rules. Any suit, action or proceeding
arising out of, or with respect to, the Site, the Information or
the Terms and Conditions, or any judgment entered by any court
in respect thereof, shall be brought exclusively in the courts of
Broward County, Florida or in the United States District Court for
the Southern District of Florida situated in Broward County, Florida. All
parties hereby consent to personal jurisdiction in the State of
Florida, acknowledge that venue is proper in the courts of
Broward County, Florida or in the United States District
Court for the Southern District of Florida situated in
Broward County, Florida, and waive any objections that may exist, now
or in the future, with respect to any of the
foregoing.
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8.) |
Amendments. The Company may
at any time and without notice revise the Terms
and Conditions by updating this posting. You are
bound by any such revisions and should therefore
periodically visit this page to review the then
current Terms and Conditions to which you are
bound. You should also know that the Company
continuously revises the Information.
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9.) |
Severability. In the event
that any one or more of the provisions
contained in the Terms and Conditions shall
be declared invalid, void or unenforceable, the
remaining provisions of the Terms and Conditions
shall remain in full force and effect, and such
invalid, void or unenforceable provision shall be interpreted
as closely as possible to the manner in which
it was written.
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