Updated:  November 07, 2008

Thank you for taking the time to review this Terms of Use Agreement (”Agreement”). Bank of America (”We,” “Us,” or “Our”) is pleased to provide the Center for Future Banking. The futurebanking.bankofamerica.com (”Website” is not intended for use by children 13 years or younger.

We reserve the right, in our sole discretion, to modify this Agreement at any time. Modified terms are effective as soon as they are posted. We also reserve the right to waive or modify any of these terms as they apply to a specific submission.

By accessing, browsing, posting, or using the pages in this Website, you agree to this Agreement and abide by the Rules of the Road.  You acknowledge that Bank of America reserves the right to manage Content on this blog, including deleting Content that is in violation of this Agreement, the Rules of the Road, or for any other reason. This Agreement contains disclaimers and other provisions that limit our liability to you.

If you do not agree to this Agreement or the Rules of the Road - do not further access, browse, post, or use this Website.

Personal Responsibility

You are solely responsible for your use of this Website and your submissions and comments. We take no responsibility and have no liability for any content you or any other user may post (”Content”). Content posted to this Website does not represent the advice, views, opinions, or beliefs of Bank of America, and we make no claim of accuracy of any Content.

You are bound by our Rules of the Road, please review them carefully and periodically. We rely upon you to create a positive environment by adhering to the Rules of the Road.

License

You grant to Bank of America and its designees a perpetual, irrevocable, non-exclusive, fully-paid up royalty-free, transferable right and license to use any content, which includes any ideas or expressions of ideas arising out of or based on the Content, that you provide to the Website - including, but not limited to, data, text, messages, files, documents, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, your and/or other persons’ names, likenesses, voices, screen names, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials - without restrictions of any kind and without any compensation of any kind, or permission or notification to you or any third party.

This license also covers any future rights associated with the Content you provided even if this Agreement is later modified or terminated. This license includes, but is not limited to, the right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute Content and/or incorporate such Content into any form, medium or technology throughout the world, on an unrestricted basis for any purpose, without the requirement of any permission from, notice or compensation to you or any third party.

This license shall also permit Bank of America and its designees to use portions of the Content you provided, rewrite any of such content, and/or incorporate other materials, either created by Bank of America and its designees or licensed from third parties or provided by third parties or other users, with the content you submit. Any such works, including inventions, shall be deemed owned by Bank of America and shall not be subject to your approval or compensation to you by Bank of America.

Additionally, with the exception of your personal information, none of the content that you submit shall be subject to any obligation of confidence on the part of Bank of America, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees. All content that you submit may be used at Bank of America’s sole discretion. We shall not be liable for any use or disclosure of any content.

Privacy and Security

Any content that you place on this Website is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public, such as posts including your contact information or email address. Bank of America disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting.

Please take this time to review our Online Privacy Practices Policy.

Indemnification

You hereby agree to indemnify, defend, and hold Bank of America and all respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the Rules of the Road or claims due to or arising from your Content or conduct. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimer of Warranties

THE CONTENT ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY BANK OF AMERICA CONTENT) IS PROVIDED “AS IS” AND CARRIES NO WARRANTIES. BANK OF AMERICA DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE COMMUNITY, REGARDLESS OF WHO ORIGINATES THAT CONTENT. BANK OF AMERICA DOES NOT WARRANT THAT THIS WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. BANK OF AMERICA IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.

Limitation of Liability

SOME OF THE CONTENT (INCLUDING, WITHOUT LIMITATION, THE POSTINGS AND THIRD PARTY CONTENT) POSTED TO THIS WEBSITE IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH BANK OF AMERICA. SUCH THIRD-PARTY CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THAT BANK OF AMERICA DOES NOT CONTROL, AND IS NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTY CONTENT. ADDITIONALLY, YOU AGREE THAT BANK OF AMERICA IS NOT LIABLE FOR, AND YOU SHALL INDEMNIFY AND HOLD BANK OF AMERICA, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANK OF AMERICA AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF BANK OF AMERICA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BANK OF AMERICA AND YOU. THESE LIMITATIONS MAKE IT POSSIBLE FOR BANK OF AMERICA TO PROVIDE THIS WEBSITE PAGES TO YOU.

Choice of Law and Location for Resolving Disputes

You agree that the law of the state of North Carolina governs this contract and any claim or dispute that you may have against us, without regard to North Carolina’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of North Carolina. Our services are directed at a U.S. audience. We cannot warrant that this Website is appropriate for users outside the United States or that use of this Website is permitted under the laws of other jurisdictions.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NORTH CAROLINA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NORTH CAROLINA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

RULES OF THE ROAD

The Website is open to all points of view on the intended business-related topics, and we are committed to maintaining a comfortable environment for all visitors. Please interact with other users respectfully, as you would in any public arena. If you disagree with the statements of another user, it is acceptable to engage in polite, mature debate. Name-calling, personal attacks, harassment, and other aggressive postings or behavior are not allowed.

The following Content and conduct are not allowed on this Website, and are cause for your Content being removed from this Website. Your posts or other communications that include any of the following or reflect prohibited conduct, as described below, may be subject to removal. You understand and agree not to engage in, encourage, or otherwise support any of the following:

Illegal or fraudulent activity or any harm to other users

• Do not submit content that you know is false, inaccurate, libelous, or otherwise misleading in any way, and do not mislead Us or others regarding the origin of posted content.
• Do not post or transmit material you do not have the right to post or transmit under law (such as copyright, trade secret or securities) or due to your personal contractual or fiduciary relationships.
• Profane, obscene, inappropriate, disruptive, and unrelated content.
• Indecent, profane, sexually explicit, obscene, or pornographic material of any kind - including masked profanity where symbols, initials, intentional misspellings, or other characters are used to suggest profane language - is strictly prohibited.
• Threats, personal attacks, abusive, defamatory, derogatory, or inflammatory language, or stalking or harassment of any individual, entity or organization is strictly prohibited.
• Discriminatory or hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation, or disability is strictly prohibited.
• You agree not to engage in any spamming or excessive posting, or submit content that is disruptive, off-topic, deliberately intended to have a negative impact on this Website or our users, or otherwise interfere with the ability of others to enjoy or comfortably use this Website.

Common Courtesy, Complaints and Etiquette

• Do not post any personal or identifying information about another person, including addresses, email addresses, contact information, or phone numbers, and use care in posting your personal or identifying information.
• This Website should not be used to report a Bank of America customer service issue. To get help with an issue, please visit our Contact Us page at the Bank of America website.

Copyright and intellectual property violations

• Infringement on any party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights, or right of publicity or privacy is strictly prohibited and is your sole responsibility.
• By submitting any Content to this Website, you warrant and represent that you are the copyright owner of the Content or that the copyright owner of the Content has granted you permission to use such Content consistent with the manner and purpose of your use.
• Using this Website to distribute unauthorized copies of copyrighted or trade secret material, including photos, artwork, text, recordings, designs, computer programs, or derivative works of such programs is strictly prohibited and subject to removal.