General Use of Site
In order to access the Site, you must obtain access to the Internet by subscribing to an Internet Service Provider (“ISP”) of your choice and by using compatible hardware, software, and web browser. You are solely responsible for any fees associated with your access to the Internet, including the fees of your ISP. To protect the security of your personal account information, PointBank requires you to use a web browser that supports adequate security measures including the use of Secure Socket Layer (SSL) encryption technology, as determined from time to time by PointBank.
You are responsible at your expense for the procurement, installation, maintenance, and operation of any necessary equipment to access the Site. PointBank is not responsible for any errors or failures of your equipment. As with all uses of the Internet, you should use anti-virus software when accessing the Site. PointBank is not responsible for any computer virus or related problems that may be associated with your use of the Site or any of the service(s) provided on the Site.
All products and services of PointBank are subject to the terms and conditions of the applicable service agreements governing their use. Product offers, rates, terms, and other information provided are subject to change without notice.
Restrictions to Prohibited or Unlawful Use
You are restricted from using the PointBank Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from using the PointBank Site/Services in any manner which could impair, incapacitate, overload, or damage any PointBank Site/Service(s) (or the network(s) connected to any PointBank Site/Service(s)) or interfere with any other party’s use and benefit of any PointBank Site/Service(s). You are prohibited from attempting to gain unauthorized access to any PointBank Site/Service, other accounts, computer systems or networks connected to any PointBank Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PointBank Sites/Services.
Commercial Use Restriction
Unless otherwise specified, the PointBank Site cannot be used for commercial use and is for your personal and non-commercial use. You may not transfer, change, reproduce, replicate, distribute, transmit, display, perform, publish, license, or monetize any information, software, products or services obtained from the PointBank site.
Links to 3rd Party Sites
Potential Disruption of Service
Access to the Site may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
- Overload of system capacities
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
- Interruption (whether partial or total) of power supplies or other utility of service
- Strike or other stoppage (whether partial or total) of labor
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of PointBank
Children Using Our Site and Other Services
Naturally, the safety of children is very important to PointBank. Children should always ask a parent or legal guardian for permission before sending personal information to anyone online. PointBank is a general audience website, and we expect that children may visit our Site. Only the parent or legal guardian of a child under the age of 13 can access our services, even when a deposit account has been established on behalf of the child. Should you have additional questions or concerns, please contact us.
PointBank reserves the right to discontinue your access to the PointBank Site/Services and the related services or any portion thereof at any time, without notice. PointBank may also discontinue or suspend your access to PointBank Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by PointBank. Upon termination of the PointBank Site/Service, your right to use the PointBank Site/Service immediately ceases. PointBank shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
PointBank has the right to update these Terms at any time, without giving you prior notice, by updating this posting. You can review the most current version of the Terms at any time at www.pointbank.com or through other notice to you. You agree to review the Terms regularly, and your continued access or use of the Site will mean that you agree to any changes.
The Site is owned and operated by PointBank, or others as indicated. All of the material displayed on this Site, including the images, design, look and feel, photographs, audio, page headers, software, buttons, video, other icons, graphics, text screens, web pages, and the selection and arrangement thereof (“Content”) is either the property of PointBank or is displayed by way of a license from the material’s owner. All Contents of the PointBank Web Site are copyrighted. ©2016 PointBank. PO Box 278, Pilot Point, TX 76258. All rights reserved by PointBank and/or its suppliers. Any rights not expressly granted herein are reserved. You agree not to use the Content for any commercial purpose without the express written consent of PointBank or the third party that may own the Content.
POINTBANK PROVIDES THE SITE, ALL CONTENT AND THE PRODUCTS AND SERVICES OFFERED FOR SALE ON THE SITE TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. POINTBANK DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, ACCESSIBILITY, NON-INTERRUPTION AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Exclusion of Damages; Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POINTBANK SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR THE SERVICES, EVEN IF POINTBANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, POINTBANK SHOULD HAVE ANY LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE TERMS, THE SITE OR THE SERVICES, YOU AGREE SUCH LIABILITY SHALL NOT EXCEED $1,000.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS POINTBANK FROM AND AGAINST ALL DAMAGES, CLAIMS, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) BROUGHT BY ANY PERSON ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ALLEGING FACTS THAT IF TRUE WOULD CONSTITUTE A BREACH BY USER OF THESE TERMS AND CONDITIONS.
Laws and Regulations
The Terms constitute the entire agreement between you and PointBank with respect to your access to the Site and governs your use of the Site, superseding any prior agreements between you and PointBank. Notwithstanding the foregoing, Authorized users may be subject to additional terms and conditions as set forth in any other applicable Bank online services agreement. You agree that Texas law, without regard to conflicts of law principles, shall govern your access to and use of this Site, except to the extent such laws are preempted by federal law or regulation. You and PointBank agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the state or federal courts located within Denton County, Texas. Unless otherwise specified, this Site is controlled and operated by PointBank from its offices within the state of Texas. PointBank makes no representation that materials in the Site or the Services are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. PointBank reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular Internet address to the Site.
This Site is intended for use only in the United States or other jurisdiction that would recognize the choice of law and choice of jurisdiction provisions made herein. The failure of PointBank to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must give us notice of any claim or course of action (a “Claim”) arising out of or related to use of the Site within one (1) year after you became aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred.