TERMS & CONDITIONS
This Site is owned and operated by Commonwealth Bank. Except as expressly licensed by Commonwealth Bank, no material from Commonwealth Bank or any Web site owned, operated, licensed or controlled by Commonwealth Bank may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your individual, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Commonwealth Bank’s copyright and other proprietary rights. For purposes of these terms and conditions of use, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Commonwealth Bank, or other respective owners which have granted Commonwealth Bank the right and license to use such Marks.
While Commonwealth Bank uses reasonable efforts to include accurate and up-to-date information on the Site, Commonwealth Bank makes no warranties or representations as to its accuracy. Commonwealth Bank assumes no liability or responsibility for any errors or representations in the content of this Site.
The Site may contain links to other sites on the Internet which are owned and operated by Commonwealth Bank’s suppliers, customers and other third parties (the “External Sites”). You acknowledge that Commonwealth Bank is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
The materials on this site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Vignette’s proprietary rights in them.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BINARY TREE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Commonwealth Bank BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Commonwealth Bank OR A BINARY TREE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. 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.
Except for actions for preliminary injunctive relief and actions to enforce the decisions of the arbitrators, all disputes arising out of or related to your use of the Site, as well as the scope, application, interpretation and construction of the terms and conditions of use of the Site, shall be resolved by arbitration in accordance with the commercial arbitration rules of the World Intellectual Property Organization then in force. The arbitration hearings and all meetings pursuant to this section shall be held in Austin, Texas, and shall be conducted in English. If you and Commonwealth Bank cannot agree upon a single arbitrator within 15 days after you or Commonwealth Bank demands arbitration, you and Commonwealth Bank shall select one arbitrator knowledgeable of the computer service industry and the World Wide Web and notify the other of its selection, and such two arbitrators shall select a third. The arbitrator(s) shall conduct a hearing within 30 days after their selection. A majority of the arbitrators shall determine the decision/award, which shall be rendered within five days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The expenses of the arbitrators shall be shared equally by you and Commonwealth Bank.