M&T Bank Disclaimers and Terms and Conditions

 

 

 

1.   NOTICE BEFORE USING ANY WEB PAGES OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING DISCLAIMERS AND IMPORTANT TERMS AND CONDITIONS. THE SITES ARE PROVIDED FOR INFORMATION PURPOSES ONLY. YOUR USE OF ANY SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY WEB PAGES THEREIN.

2.   AGREEMENT.  This agreement describes the terms and conditions on which M&T Bank allows access and use of sites operated by M&T Bank (a/k/a Manufacturers and Traders Trust  Company), its parent (M&T Bank Corporation), its subsidiaries and affiliates (collectively, "M&T") (collectively, including any of the services made a part of or available through the Sites and any of its webpages, the "Sites"). Some of the M&T web pages on the sites may provide services, features or offers under their own terms and conditions of use and you agree to comply with such terms of use in your use of those services. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

3. LIMITED LICENSE. M&T grants you a non-exclusinve, non-transferable, limited license to access, use and display the Sites and the information, graphics, content and material thereon ("Content") and any software that may be necessary to use the Sites. You acknowledge and agree that the Sites and the Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and are provided only for your personal, non-commercial use. You are also granted a limited license to print copies of any Content posted at the Sites, but only for your personal, non-commercial use. Except as expressly provided above, all rights are reserved. You may not display the Sites, or any portion thereof, in frames (or any of the Content via on-line links) without our express written permission.

4.  TRADEMARKS.  M&T and Wilmington Trust  are registered United States trademarks. M&T also claims rights in certain other trademarks and service marks contained and displayed in the Sites. Use of any of M&T trademarks or service marks without prior written consent is strictly prohibited.

5.  USE OF CONTENT. Product offers, rates, terms and other Content provided at the Sites are subject to change without notice. Your eligibility for particular products and services is subject to M&T's review and acceptance.

6.  DISCLAIMERS. M&T IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SITES OR THE CONTENT. THE SITES, ALL CONTENT, LINKS AND ANY OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. IN ADDITION, M&T MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL M&T OR OUR AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE FOR ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON'S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE, CURRENT OR CORRECT. ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXIST IN THE SITES, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR RESULTING FROM USE OF THE SITES. THE CONTENT, AND ANY ADVICE RECEIVED VIA THE SITES, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTUE USING THE SITES.

7.  LIMIT ON DAMAGES. M&T AND OUR AGENTS, OFFICERS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES AVAILABLE THROUGH THE SITES OR THE CONTENT, YOUR RELIANCE ON, US OF OR INABILITY TO USE THE SITES, OR ANY ERROR, OMISSION, INTERRUPTION, OR DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER M&T IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. 

8.  LINKS TO THIRD PARTY SITES. As a convenience to you, M&T may provide links to Web sites operated by entities other than M&T ("Linked Sites"). The Linked Sites are not under the control of M&T. If you use a Linked Site, you will leave the Sites. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the Linked Sites. M&T makes no warranty or representation regarding, and does not endorse nor is responsible for any Linked Site, the information appearing thereon or any of the products or services described thereon. Linked Sites may have a privicay policy different from that of M&T and the Link Site may provide less security than the M&T Sites. Links to Linked Sites do not imply that M&T sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of M&T.

9.  PRIVACY. Use of the Sites is governed by M&T's Privacy Policy and Internet Privacy Policy.

10. INTERNET E-MAIL. M&T strongly discourages the use of ordinary e-mail systems to communicate with M&T. Ordinary e-mail systems and messages may be vulnerable to interception, alteration and loss. M&T will not be responsible to anyone for any damage arising out of or in connection with any email sent to M&T using e-mail.

11. INDEMNITY. You agree to indemnify M&T and its directors, officers and employees against any liabilities, losses, expenses or other costs M&T incurs arising from a breach of any of the terms hereof by you and for the content of any message sent using email.

12. AMENDMENTS: MODIFICATIONS. M&T reserves the right to change, modify, add or remove any portion of this Agreement in whole or in part, at any time, by posting the amended terms on the Sites. The new terms shall automatically be effective and binding on you 15 days after they are initially posted on the Sites. Your continued use of the Sites after any changes to this Agreement are posted will be considered acceptance of those changes. This Agreement may not otherwise be amended.

13. GOVERNING LAW. This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its principles of conflict of laws. The Sites are not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject M&T to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Sites or the Content where such access is illegal or prohibited or where such access would subject M&T or its affiliates to any liability.

14. USE FOR ILLEGAL ACTIVITES PROHIBITED. It is prohibited to use the Sites in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files. You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Sites including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States.

15. AGREEMENT TO ARBITRATE. All disputes relating to this Agreement, use of the Sites or Content shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this Agreement shall be held in Erie County New York, under the rules of the American Arbitration Association.

16. COMPLETE AGREEMENT/NO REPRESENTATIONS. This Agreement constitutes the entire agreement between you and M&T relating to your access to and use of the Sites. M&T's failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on M&T's part to exercise any power or right given to M&T in this Agreement, or a continued course of such conduct on M&T's part, shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to M&T in this Agreement are cumulative and not exclusive of any other rights or remedies which M&T otherwise has at law or equity. Any rights not otherwise expressly granted by this Agreement are reserved by M&T. Captions are for convenience only. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. The provisions of this Agreement which expressly or by implication are intended to survive its termination will survive and continue to bind both you and M&T.