Terms of Use

These terms of use ("Terms of Use") govern BetterMoneyHabits.com (the "Site"), a website managed by Bank of America. By accessing or using the Site, you are agreeing to be bound by the terms and conditions contained herein, all applicable laws and regulations, and any other applicable policies, terms and guidelines established by Bank of America. If you do not agree with any of these terms, do not use or access the Site.

1. Use Limitations

You agree that you are 13 years of age or older, and that your access or use of the Site will not violate any applicable law, regulation or terms of any existing agreements you may have with Bank of America. Any unauthorized use of the Site or any material therein is strictly prohibited.

2. Intellectual Property

Bank of America hereby grants you permission to access and use the Site subject to these Terms of Use. You agree that the materials used, displayed, or provided on the Site, including but not limited to text, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Bank of America, its affiliates, and/or its licensors, and are protected by copyright, trademark and other laws. Any material provided in the Site may be used solely by you for your personal, non-commercial use. Except for the sharing of materials via the available means for sharing provided on the Site (such as the social media links), you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate in any medium any material in the Site without the written permission of Bank of America or the appropriate owner. You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. You also agree not to circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict use or copying of any material therein.

3. Disclaimer

The materials on the Site are provided "as is" and "as available." Bank of America makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of third party rights. Further, Bank of America does not warrant or make any representations concerning the accuracy, usefulness, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to the Site.

The information and materials provided on the Site are intended for informational purposes, not as an offer to sell or the solicitation for the purchase of stock or any other product or service of Bank of America, or any other issuer or company.

4. Feedback and Comments

You agree that any feedback, including any comments, of any kind you provide on the Site is your own feedback. You also hereby agree that Bank of America, its affiliates, and any party authorized by Bank of America are authorized to use or exploit any of your feedback for any purpose without compensation or notice to you, including for the purpose of creating new or modified products and/or services.

5. Privacy

Please note that when visiting this Site, you are also subject to the terms and conditions of Bank of America's privacy notices.

6. Limitations/Indemnification

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BANK OF AMERICA, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR ACCESS OR INABILITY TO USE OR ACCESS THE SITE AND ANY OF THE MATERIALS PROVIDED THEREIN, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BANK OF AMERICA HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BANK OF AMERICA WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OR DAMAGE THAT RESULTS FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR OTHER APPLICABLE GUIDELINES, OR FROM ANY TECHNICAL, HUMAN OR SOFTWARE ERRORS OR FAILURES FOUND OR THAT OCCURRED WITHIN THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bank of America's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You agree to indemnify, defend and hold harmless Bank of America, its affiliates, officers, employees and agents from any and all liability with respect to any claims from any third parties arising from your use or access of the Site or any material therein, or your violation of these Terms of Use or other applicable guidelines.

7. Third Party Links

Bank of America has not reviewed all of the third party sites linked to this Site and is not responsible for the content, privacy policy, or practice of any such linked site. The inclusion of any third party link does not imply endorsement by Bank of America. Use of any such linked web site is at your own risk. You understand that when going to a third party website, that site is governed by such third party's privacy policy and terms of use, and such third party is solely responsible for the content and offerings presented on its website. You expressly relieve Bank of America, its affiliates, officers, employees and agents from any and all liability arising from your use of any linked third party website.

8. Site Modification or Termination

Bank of America may, in its sole discretion, modify the features, content and functionality of this Site, terminate or suspend the Site entirely or portions thereof, or block your access to the Site or portions thereof, at any time without prior notice or liability to you.

9. Site Terms of Use Modifications

Bank of America, in its sole discretion, may revise these Terms of Use at any time without notice. By using or accessing the Site, you are agreeing to be bound by the then current version of these Terms of Use. Any modifications to these Terms of Use shall be effective as soon as posted on this Site. Modification or termination of these Terms of Use will not affect, or result in the termination or modification, of any other existing agreements you may have with Bank of America.

10. Relationship

Your accessing of the Site in no way shall be deemed to create an agency, or employee-employer relationship of any kind between you and Bank of America, nor do these Terms of Use extend rights to any third party. You also agree that in the course of your accessing and using the Site, that no relationship is formed between yourself and Bank of America that is either confidential or fiduciary in nature beyond any existing relationship you may have with us.

11. Miscellaneous

These Terms of Use constitute the entire agreement between you and Bank of America regarding this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Bank of America's failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such provision, or any other provision of these Terms of Use.

Bank of America and the Bank of America logo are registered trademarks of Bank of America Corporation. Khan Academy is a registered trademark of Khan Academy, Inc. and is used by Bank of America pursuant to a license.

 

Date: December 1, 2016