TERMS AND CONDITIONS
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE PRIOR TO USING OUR WEBSITE.
Last Modified: January 7, 2021
Section 1 – Consent to Terms & Introduction
Welcome to BankingTruths.com, a service of BT Enterprises, LLC, (hereinafter referred to as “BankingTruths,” “Company“, “we” or “us“). The following terms and conditions, together with any documents incorporated specifically or by reference (the “Terms“) govern your use of BankingTruths.com, (the “Website” or “Service”).
By using our Website or by accepting these Terms, you accept and agree to be bound by the inclusions below. By using this Website, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this website and to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
If you do not or cannot agree to these Terms, please do not use our Website.
Our Website is provided for educational purposes as well as to provide commentary and criticism of the services of other companies. To the extent that any company or trademark of a company is mentioned on our Website or otherwise, such use is merely for the purposes of identifying that company and/or the services that company provides and is protected under 15 USCS §1115 which enables ‘fair use’ of a trademark since that company could not otherwise be readily identified without use of their name. Our Website performs non-commercial, informational and educational services only. We do not suggest nor have any actual affiliation with any of the companies or trademarks that may be mentioned on our Website or other content created by us. We have taken extra precautions to ensure that there is no confusion about affiliation and/or endorsement with any of these companies, and any such belief by you would be unreasonable.
Through our Website you may access additional services and premium features of BankingTruth.com, or its affiliates, which shall be subject to their own separate terms. It is your duty to read these separate terms.
Section 2 – Our Services
Our Website provides consumer information regarding fixed life insurance products, companies, and industry practices. No fee is charged to users of our Website. BankingTruth.com presents educational opinion, commentary and criticism based on experience in the insurance industry.
Any opinion, advice, or guidance offered through our Website is educational in nature and should not replace professional advice particularized to your needs.
Users are encouraged to use the information provided on our Website for introductory informational and educational purposes prior to speaking with licensed practitioners. Information provided on our Website or anywhere else our content can be found is not intended to replace individual advice from licensed practitioners. We do not give financial advice and highly recommend that you speak with a licensed practitioner before agreeing to do or not to do something related to the information found on our Website.
We cannot represent or guarantee that the information provided on our Website will suit your individual needs. The information provided on our Website is general and not specifically tailored for any particular person, including you.
Section 3 – Accuracy of Information & Changes to These Terms
We are not responsible if information made available on our Website is not accurate, complete or current due to changes in laws, regulations, industry conditions, time, or events beyond our control. The content on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting a licensed professional. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms.
Section 4 – Third-Party Links
Based on information you provide to us, or services or products you express interest in, you may be directed to additional services, features, or third-party websites subject to their own terms and conditions.
Our Website may contain links or invitations to visit the websites of our affiliate(s). Your relationship with these affiliate(s) will be specifically governed by the terms and conditions on their website. You are not required to nor are obligated to do business with any company that you may be referred or directed to from our Website, whether they are an affiliate of ours or not. You expressly acknowledge and agree that in the event that you are referred to or directed to an affiliate of ours, and you sign up for their services, this transaction, if any, is incidental to your use of our Website, and is wholly separate from us. We provide a link to the website of our affiliate(s) for comparison purposes so that you, as an educated consumer, can make a well-informed decision after speaking with a licensed professional and after considering your available options in the marketplace.
Our Website and any content thereof may contain links to our third-party web sites, or websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. By using the Website and any content derived therefrom, you expressly waive Banking Truths from all liability arising from your use of any third-party website.
We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Section 5 – License
We hereby grant you a non-exclusive, non-transferable right to access and use the Website for your own personal, informational, and educational use.
You may not transfer, redistribute, or sublicense your use of our Website or any content thereby to any third party, and may not copy, reverse-engineer, attempt to steal or use the source code of, or create derivative works of the Website, or any of its contents. You shall not acquire any ownership interest in us or our Website under these Terms.
Section 6 – Information & Privacy Policy
In order to operate and provide the best experience on our Website, we may collect certain information about you including to your use of our Website, location, age, etc.. You acknowledge that when you use our Website, we may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Website. By using and providing information on our Website, or any form provided to you, you consent to all reasonable actions taken by Company with respect to your information. Your disclosure of any information must be made after reading and accepting our Privacy Policy. To the extent you decline to share information certain features and functionality may not be available to you.
.
You also agree to be bound by our Privacy Policy.
Section 7 – Disclaimer
All materials and content on this Website are presented for the purposes of consumer education, commentary, and criticism. Our Website should not be a substitute for professional advice.
The Website and any content found on our Website are provided ‘as is’ and, to the extent permitted by applicable law, we exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. Any reliance on or use of our Website and related content shall be at the sole risk of you. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of our Website.
Reliance on any information or content is at your own risk, whether you use the information personally, advise a third-party to do so, or otherwise.
Section 8 – Ownership of Intellectual Property
BankingTruths owns and reserves all copyright, trademark, and other intellectual property rights in and to all of the audio, visual, and artistic content of our Website and anything contained therein (the “Intellectual Property”). The Intellectual Property is owned solely and exclusively by us and nothing in this Agreement nor the license discussed herein shall act as a transfer of rights to you or any other person or entity in or to the Intellectual Property.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Website, or our Website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating insurance provider information, insurance quotes, articles, graphics, or videos from our Website to be replicated or posted elsewhere in any fashion.
Section 9 – Claims of Intellectual Property Infringement
If you believe that your trademark or copyright has been infringed by us, please immediately send us a notice to info@bankingtruths.com with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the infringed mark/work claimed to have been infringed, or, if multiple, a representative list of such works/marks at that site.
- 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 us to locate the material.
- Information reasonably sufficient to permit the us to inquire into the alleged infringement.
- 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/trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We respond to notices of intellectual property infringement immediately and take any such allegations seriously. Your complaint of alleged infringement will be responded to within approximately forty-eight (48) hours. We ask that during this time you take no further actions so that your complaint can be looked into.
Section 10 – Consumer Notices.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about BankingTruths.com must be addressed to our agent for notice and sent via certified mail to us at 28202 Cabot Rd. Suite #300, Laguna Niguel, CA 92677.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Section 11 – Term
These Terms will remain active and in full force and effect so long as they are posted on our Website.
Section 12 – Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH OUR COMPANY REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 13 – Limitation on Liability
IN NO EVENT WILL BANKINGTRUTHS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Section 14 – Indemnification
You agree to defend, indemnify and hold harmless BankingTruths, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Section 15 – Governing Law and Jurisdiction
The Agreement will be governed by California law, without regard to its conflicts of laws principles.
If any provision of these Terms is held by an arbitrator or panel of arbitrators to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Section 16 – Binding Arbitration
.
Section 17 – Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Section 18 – Waiver and Severability
The failure of BankingTruths to enforce any provision of these Terms shall not be construed as a waiver or limitation of its right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Section 19 – Entire Agreement
These Terms shall constitute the sole and entire agreement between you and BankingTruths.com with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Through this Website you may be permitted to access additional features and services which shall require you to accept additional terms, which you must do before receiving said services.
Section 20 – Relationship
Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between us and you.
Section 21 – Questions
If you have any questions or comments regarding these Terms, please feel free to contact us by email at info@bankingtruths.com.
BankingTruths.com has security measures in place to minimize the loss, misuse, destruction and alteration of the information that you provide us or that we obtain from you. We will have no liability however to you or to any third-party arising out of any such loss, misuse, destruction, or alternation.
Other Limits to Your Privacy
Our Site contains links to other third-party websites (“Linked Websites”). We are not responsible for the privacy practices or the content of the Linked Websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies.
As discussed above, we may also make chat groups, forums, and message boards available to you, but please understand that any information you disclose in these areas becomes public information and accordingly, such information is not subject to this Privacy Policy. We have no control over its use and you should exercise caution when deciding to disclose any personal information.
Additional Information if you Live in California
Under California privacy laws, including the California Consumer Privacy Act (“CCPA”), we are required to notify California residents about how we use their personal information.
Under the CCPA, “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
We collect the personal information in accordance with Section 2, above.
California residents have the right to opt-out of our sale of their personal information. by contacting us at via email at the email listed herein. Please be prepared to provide proof of your residence in California.
We do not sell personal information about California residents under 16 years old without opt-in consent.
We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.
Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, up to twice every 12 months:
- Right of Deletion: California residents have the right to request that we delete their personal information that we have collected about them, subject to certain exemptions.
- Right to Know & to Receive a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this information sent to you via email.
- Right to Know & Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months.
Submitting Requests. Requests to exercise the right of deletion, right to a copy, or the right to information may be submitted by contacting us at via email at the email address listed in herein.
Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA.
Financial Incentive. We may offer you various incentives (if any) when you provide us with contact information and identifiers such as your name and email address. When you sign-up for our loyalty program, email list or other discounts and special offers, you opt-in to a financial incentive. You may withdraw from a financial incentive at any time by opting out from our email or closing your loyalty member account. Generally, we do not assign monetary or other value to personal information, however, California law requires that we assign such value in the context of financial incentives. In such context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.
Updates and Changes to Privacy Policy
We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting.
Questions?
If you have any questions or concerns about our Privacy Policy, please email us at info@bankingtruths.com