This MyInspirationBank.com User Agreement (“Agreement”) is between Associated Banc-Corp (“us” or “we”) and those individuals (“you”) who visit or use the website located at MyInspirationBank.com.com (“MyInspirationBank.com”). If you do not agree to be bound by all of the terms and conditions found in this Agreement, you are not authorized to visit or use MyInspirationBank.com.
Your Representations and Warranties. By using or visiting MyInspirationBank.com, you represent and warrant to us that:
a. You are at least 18 years of age and are under no legal restriction which would prohibit you from using or visiting MyInspirationBank.com;
b. The information you provide when using or visiting MyInspirationBank.com is complete and accurate; and
c. You either own, or have a sufficient license to use for purposes of this Agreement, all copyright, trademarks, rights of publicity, and other intellectual property relating to all content, including but not limited to text, images and video that you upload or share through MyInspirationBank.com (“Content”).
Grant of License in Content You Share. You hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content, including but not limited to for promoting and redistributing part or all of MyInspirationBank.com (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of MyInspirationBank.com a non-exclusive license to access the Content, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of MyInspirationBank.com and under this Agreement. The above licenses granted by you in the Content terminate within a commercially reasonable time after you remove or delete such Content from MyInspirationBank.com. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of Content that has been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You hereby grant to us a license to use your name, image and persona in connection with all uses of the Content authorized by you in this section.
Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any content on MyInspirationBank.com infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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 at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement is Linda VanCamp, 112 North Adams Street, Green Bay, WI 54301, email: HYPERLINK "mailto:firstname.lastname@example.org" email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MYINSPIRATIONBANK.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYINSPIRATIONBANK.COM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO MYINSPIRATIONBANK.COM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF MYINSPIRATIONBANK.COM, THAT THE FUNCTIONS OF MYINSPIRATIONBANK.COM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MYINSPIRATIONBANK.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY PORTION OF MYINSPIRATIONBANK.COM WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN MYINSPIRATIONBANK.COM WILL BE CORRECTED, OR THAT MYINSPIRATIONBANK.COM WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. USE OF MYINSPIRATIONBANK.COM MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE MYINSPIRATIONBANK.COM, (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED, OBTAINED OR PROVIDED AS A RESULT OF THE USE OF MYINSPIRATIONBANK.COM, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT, (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH MYINSPIRATIONBANK.COM, (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH MYINSPIRATIONBANK.COM, (F) ANY OTHER MATTER RELATING TO MYINSPIRATIONBANK.COM, (G) ANY BREACH OF THIS AGREEMENT BY US OR THE FAILURE BY US TO PROVIDE MYINSPIRATIONBANK.COM UNDER THIS AGREEMENT, OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold us, our officers, directors, agents and employees harmless against any and all claims, suits, proceedings, damages, judgments and expenses (including reasonable attorney's fees) or settlement thereof in connection with or arising from any third party claim based upon the breach by you of any provision of this Agreement or of any warranty or representation made by you in this Agreement.
Your Account and Security. You are solely responsible for all activity occurring under your account and for maintaining the confidentiality of your password.
Acceptable Use. In connection with your visiting or use of MyInspirationBank.com, you agree that you will not:
a. Post any Content which, in our sole discretion, is harassing, defamatory, vulgar, obscene, threatening, hateful or otherwise objectionable;
b. Infringe upon or misappropriate another’s intellectual property rights (e.g., copyrights, trademarks, trade secrets);
c. Impersonate any other person or entity;
d. Submit any Content or other material which may contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, interfere with, disrupt, impair, disable or otherwise place an unreasonable load or burden on MyInspirationBank.com or its supporting technological infrastructure;
e. Access or attempt to access MyInspirationBank.com in an unauthorized manner or in a manner that exceeds the access granted to you by us in the ordinary operation of MyInspirationBank.com;
f. Reproduce, distribute, display or otherwise share Content except as may be permitted through sharing tools we may offer as part of the functioning of MyInspirationBank.com.
We reserve the right in our sole discretion to remove or disable access to Content which we believe, in our sole discretion, violates the provisions of this section or otherwise is objectionable or not appropriate for MyInspirationBank.com.
Term and Termination. This Agreement is in effect for as long as you use or visit MyInspirationBank.com, or for as long as we make MyInspirationBank.com available to you. We reserve the right to terminate any account you have to use MyInspirationBank.com or any of its features based on our sole discretion. You agree that any use of MyInspirationBank.com in violation of the terms and conditions of this Agreement is unauthorized and will be considered a breach of this Agreement. Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
Linking. You may freely link to content you or others post or upload to MyInspirationBank.com.
Amendments to This Agreement. We may amend the provisions of this Agreement from time to time, and will provide notice to you either through MyInspirationBank.com or by email of any material changes. Your continued use of MyInspirationBank.com after the provision of such notice shall constitute your acceptance of the terms of this Agreement as amended. We may, in our sole discretion and at any time, change the criteria for eligibility to use MyInspirationBank.com.
No Waiver. The waiver by either party of any breach of covenant set forth in this Agreement shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing, and signed by the party waiving its rights. This Agreement may be modified only by a written instrument executed by authorized representatives of the parties.
Severability. If any term of this Agreement is found to be unenforceable or contrary to law, it shall be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement shall remain in full force and effect.
Governing Law and Choice of Forum. This Agreement shall be governed in all respects by the laws of the State of Wisconsin as they apply to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Milwaukee County, Wisconsin, except as otherwise agreed by the parties. Both parties agree to submit to the personal jurisdiction of the courts located within Milwaukee County, Wisconsin for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.
Last Update: October 3, 2012.