These Terms and Conditions were last updated on: June 27, 2017
Tecniflex, LLC, which does business as Bancsource, on behalf of itself and its subsidiaries and affiliates (“Bancsource”) maintains its website at www.bancsource.net and well as other Bancsource-sponsored web logs, forums and social media sites and forums accessible from the website and/or maintained by Bancsource (all herein individually and collectively referred to as the “Site”) for informational, general promotional, public information, as well as investor relations purposes. Throughout the following Terms and Conditions, you are referred to as the “Customer”. The following Terms and Conditions apply to a Customer’s use of every Bancsource Site, purchase of “Products”, including physical and tangible items, as well as “Software” license and associated “Support Services” from the “Catalog” offered by Bancsource on the Site. In consideration of a Customer’s accessing the Site as well as additional consideration of a Customer’s electronic order placed through the Site, these Terms and Conditions shall constitute the “Agreement” between Bancsource and the Customer in accessing the site as well as the terms of purchase of the Products, Software, or Support Services ordered through the site. The Customer under this Agreement of a purchase made by using the Site will be identified by its name and address entered in the applicable sections of the online form used to make such purchase. Bancsource’s legal name is Tecniflex, LLC, and its address is 3130 South Delaware Avenue, Springfield, MO 65804. Any notices to be sent pursuant to these Terms and Conditions will be sent to those addresses by overnight courier service or by US mail with delivery confirmation requested. By accessing, browsing, posting comments to, making a purchase or otherwise using the Site, Customer agrees to be bound by these Terms and Conditions, as they may be modified from time to time.
As to purchases through the Site, this Agreement is considered effective when the Customer clicks on the Site button to submit any purchase with respect to the Products, Software or Support Services presented to the Customer by way of the Catalog on the Site. All orders are subject to item availability. Bancsource may substitute an equal or better item if an item ordered is not available. In the event no purchase is made through a Site, this Agreement is considered effective when the Customer accesses, browse, posts comments to or otherwise uses the Site.
Handling Charge for Small Orders
If an order is $25 or less (excluding shipping charges and sales tax), Bancsource reserves the right to impose a reasonable handling fee.
Upon shipment of Products or Software, Bancsource will invoice all charges, including the purchase price of the Products, license fees for Software and any associated Support Services charges related to the ordered item of Support Services. Unless Customer already paid by credit card at the time of order, Customer shall pay invoices within thirty (30) days after invoice date. Bancsource may impose a late payment charge of (a) 1.5% per month or (b) the maximum rate allowed by law.
Upon shipping of Products and Software, Customer is responsible for all shipping, handling and transportation charges. Any delivery dates indicated by Bancsource for the Products are approximate, and Bancsource shall not be liable for any delays in delivery. All risk of loss or damage will pass to Customer upon delivery to Customer. Title to Software remains with Bancsource(or its otherwise lawful owner) or its licensors; title to Products passes to Customer upon shipment. Customer is responsible to install Products and Software unless Customer separately engages Bancsource to perform those Support Services.
Refund and Exchange Policy
All sales are final. However, if you are not satisfied with your purchase, Customer must contact Bancsource for assistance at 1.800.456.4814 within 30 days of the effective date of the purchase and obtain a Return Authorization Number. We are not required to accept returns, but we may be able to exchange your purchase or credit your account if the item is returned in its original package and is not damaged. If Bancsource does accept a return, a 15% restocking fee will apply.
Commencement, Termination & Cancellation
If Customer has ordered Support Services for Products and/or Software, the fixed period (“Term”) for “Provision” of Support Services and the type of service will have been selected by Customer at the time of ordering from the Catalog. The Term will commence on the date of delivery of the Products and/or Software. The Provision of Support Services by Bancsource will terminate at the expiration of the fixed Term for Support Services selected by Customer at the time of order. However, Bancsource may terminate Support Services or change the levels of support available for Products or Software upon ninety (90) days prior written notice. Bancsource may cancel an order for default and repossess Products and/or Software (excluding only Products and/or Software for which the purchase price and/or license fee has been fully paid), if, upon written notice, Customer fails to (a) make any payment identified as delinquent within ten (10) days or (b) cure any default relating to the breach of Software licensing terms within thirty (30) days of Bancsource giving Customer written notice of such breach. Neither Customer nor Bancsource will be liable for failure to fulfill its obligations when due to causes beyond its reasonable control, except that Customer shall not be excused from making payments when due.
Prices are subject to change without notice. Due to fluctuating costs the price posted on this site is for informational purposes only. If a price that is posted is different than the actual cost of an item Customer will be notified by Bancsource before the item is shipped to the Customer. Prices shall be those in effect at the time an order is accepted by Bancsource. Customer will pay any tax Bancsource becomes obligated to pay by virtue of these Terms and Conditions, except for taxes based on the net income of Bancsource.
Bancsource and its licensors retain all rights in any intellectual property contained in any Software and its associated documentation. If Bancsource distributes Software with a separate license, that license agreement shall govern the use of the Software (including its warranties, restrictions and remedies). Customer agrees to abide by that separate license agreement unless Customer returns the Software in its original packaging promptly upon receipt and before use by Customer. If Bancsource provides Software without a separate license agreement the following license terms apply: Software and documentation are licensed on a personal, nonexclusive and non-transferable basis for internal use in the United States but not as a service bureau or for outsourcing or for facilities management. Software is licensed for use on a single machine or, if the Bancsource then-current license plan for the Software is different, for use with the number of machines and end-users authorized by Bancsource, under the license plan ordered by Customer. Customer will not copy Software or its associated documentation except that Customer may make an archival copy of the Software provided the copies have all the legends and notices that are on the original item. Copies are subject to these Terms and Conditions. Customer will not export or re-export Software or its associated documentation without the appropriate United States or other government licenses. Customer will not reverse engineer, decompile, disassemble, or modify any Software provided under these Terms and Conditions.
Bancsource retains all copyrights in any text, graphic images, and software owned by Bancsource and hereby authorizes Customer to electronically copy documents published herein solely for the purpose of viewing the information for Customer’s own individual and/or internal purpose. Customer may not otherwise copy, modify, distribute, transmit, display, publish, sell, license, create derivative works, link to, or use any information on the Site without written permission from Bancsource. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Bancsource copyright, patent or trademark.
Bancsource, the Bancsource logo, and the other Bancsource names or Bancsource branded Products, Software and Support Services referenced herein are trade names, trademarks or service marks of Tecniflex, LLC, or its subsidiaries and affiliates and may not be used without permission. Bancsource® is a registered trademark of:
Tecniflex, LLC dba Bancsource
3130 South Delaware Avenue
Springfield, MO 65804
Other product or company names mentioned herein may be the trade names, trademarks, or service marks of their respective owners.
The information and materials available on or through the Site, including text, images, and links, are PROVIDED “AS IS” BY TECNIFLEX, LLC, WHICH DOES BUSINESS AS BANCSOURCE, SOLELY AS A CONVENIENCE TO THE CUSTOMER WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANCSOURCE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND BANCSOURCE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT OR DATA AVAILABLE ON OR THROUGH THE SITE, OR BANCSOURCE’S SOFTWARE OR HARDWARE SYSTEMS WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS.
BANCSOURCE DISCLAIMS A WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT OR DATA, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IN CONNECTION WITH THE SITE OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF BANCSOURCE HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
With respect to any third party Products or Software Customer agrees to look solely to the warranties and remedies, if any, provided by the original manufacturer of the Products or licensor of the Software and such warranties and remedies shall be the Customer’s sole and exclusive remedy with respect to warranty or other claims relating to third party Products or Software.
Except as expressly stated herein there are no other warranties, express or implied, by operation of law or otherwise, extended to Customer with respect to Products, Software, or Support Service. Bancsource disclaims the implied warranties of merchantability and fitness for a particular purpose. Bancsource warranties extend solely to Customer.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Customer. The foregoing warranties give Customer specific legal rights, and Customer may also have other rights which vary from state to state.
Unless further limited in this agreement, Bancsource’s entire liability and Customer’s exclusive remedy for damages from any cause related to this agreement will not exceed the greater of (a) $5,000 or (b) the charges paid to Bancsource for the Products, Software or Support Services that are subject of the causes of action asserted. IN NO EVENT SHALL BANCSOURCE (OR ANY OF ITS SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES, OR EXPENSES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES, ARISING IN CONNECTION WITH THE SITE OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BANCSOURCE, OR ITS REPRESENTATIVE THEREOF, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, EXCEPT AS LIMITED BY APPLICABLE LAW. IN ADDITION, BANCSOURCE WILL NOT BE LIABLE FOR (A) CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY PERSON, EXCEPT FOR CLAIMS THAT PRODUCTS OR SOFTWARE WITH A BANCSOURCE LABEL INFRINGE A U.S. PATENT OR COPYRIGHT OR MISAPPROPRIATE A TRADE SECRET PROTECTED UNDER U.S. LAW PROVIDED CUSTOMER GIVE BANCSOURCE PROMPT NOTICE, COOPERATION, AND FULL AUTHORITY TO DEFEND OR SETTLE THE CLAIM, (B) CLAIMS THAT A PRODUCT OR ITEM OF SOFTWARE INFRINGES A PATENT OR COPYRIGHT OR MISAPPROPRIATES A TRADE SECRET THAT RESULTS FROM CUSTOMER’S ALTERATION OR MISUSE OF THE PRODUCT OR SOFTWARE OR THE USE OF THE PRODUCT OR SOFTWARE IN COMBINATION WITH ANY NON BANCSOURCE BRANDED PRODUCTS OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO CUSTOMER.
Only those terms and conditions set forth in any definitive agreement duly executed by Bancsource, or any of its affiliates or subsidiaries, shall govern the purchase, use, distribution or other relationship with Bancsource or its Products, Software or Support Services. Each Bancsource Site and those that link into and out of the Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Bancsource reserves the right to change the Products, Software or Support Services described on the Site at any time. Contact Bancsource for further information before relying on any information contained herein.
Data Submitted by Customer to a Bancsource Site
Bancsource reserves the right, but shall have no obligation, to pre-screen, review, flag, filter, modify, refuse or remove from the Site any Data or any other text, graphic images, or other information, including without limitation, comments posted to web logs, social media sites or forums accessible from www.bancsource.net or maintained by Bancsource. Customer agrees that Customer’s Data does not and will not violate or infringe any copyright, trademark, right of privacy or publicity or other proprietary rights of any person or entity or constitute libelous, obscene, threatening, abusive or unlawful matter. Customer’s Data will not include any computer viruses or any commercial messages or solicitations that have not been approved by Bancsource in advance.
License from Customer
- By submitting, posting, or displaying Customer’s Data on or through the Site, Customer grants, and represents that Customer has the right to grant, to Bancsource a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and sublicenseable license to use, reproduce, adapt, modify, create derivative works from, translate, publish, publicly perform, publicly display, and distribute such Data.
- Bancsource and its licensees shall also have the right to use Customer’s name in connection with their use of any such Data.
- Customer further agrees that Bancsource has no obligation to respond to any inquiries, that Customer’s Data is not provided to Bancsource in confidence, and that Customer’s Data is created, submitted, posted or displayed gratuitously and without expectation of compensation.
- Without limiting any of Bancsource’s rights in the Data, Customer agree that Bancsource will be free to consider, reproduce, use, disclose and distribute the Data to others, and to use the Data for any purpose including without limitation, developing, manufacturing, and marketing products incorporating such Data.
Customer agrees to indemnify, defend and hold Bancsource and its suppliers or other applicable related parties, harmless from and against all claims, losses, liability, cost, and expenses (including attorneys’ fees) arising from Customer’s violation of these Terms and Conditions or use or misuse of the Site, or from the use of any Data or any service, product, information or materials provided through the Site. Customer’s obligations under this paragraph will survive Customer’s termination of access to or use of the Site.
Fraudulent, Illegal or Improper Activity
Customer agrees that Customer will not use the Site for any illegal, fraudulent, unauthorized, or improper activity (a “Prohibited Use”). If Bancsource suspects that Customer may be engaging in any Prohibited Use, including any violation of any terms or conditions relating to the Site or any service or product by Bancsource, Customer’s access to the Site and any service or product may be suspended or terminated without notice.
Bancsource respects the rights of all copyright holders. If Customer believes its copyright has been infringed, Customer may notify Bancsource in writing at:
Tecniflex, LLC dba Bancsource
Attn: Chief Financial Officer
3130 South Delaware Avenue
Springfield, MO 65804
or email at firstname.lastname@example.org.
To be effective, Customer’s notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3):
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- 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 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 us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bancsource has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Bancsource’s system or network who are repeat infringers.
Links from this Web Site
Each Bancsource Site contains links to other web sites and resources maintained by third parties. The linked sites may not be under the control of Bancsource, and Bancsource shall not be responsible for the content of any linked site or link contained in a linked site. These links are provided as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by Bancsource of that site. Any use of or reliance on any such information, content, and materials is at Customer’s own risk, and may be subject to additional policies or Terms and Conditions provided by the provider thereof.
Customer agree to provide true, accurate, current and complete information about Customer when electing to provide personal information to Bancsource via any Bancsource Site, including in connection with registering or creating an account at the Site. Customer also agrees to maintain and promptly update any such information to keep it accurate. Without limiting the generality of the foregoing, Customer will not submit any false or misleading information (including without limitation names or other contact information) or impersonate any person. To protect Customer’s account, Customer shall keep its password confidential and take full responsibility for Customer’s own and third party activities that occur under or in connection with Customer’s account.
Privacy and Security
Cross-border Transmission of Data
Bancsource may assign this Agreement, or assign the right to receive payments, without Customer’s consent. Bancsource may subcontract any services described in this Agreement to third parties selected by Bancsource This Agreement and an order under this Agreement are the entire agreement between Customer and Bancsource for the Products, Software and Support Services under that order and supersede all prior related proposals, agreements, and all other communications between Customer and Bancsource The Terms and Conditions of this Agreement will supersede all Terms and Conditions submitted by Customer, including any preprinted terms on any Customer purchase orders. In the event any of the provisions of these Terms and Conditions shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to and do not alter any other agreements Customer has entered into with Bancsource.
Each Bancsource Site (excluding linked sites) is controlled by Bancsource from its offices within the State of Missouri, United States of America. By accessing the Site, Customer agree that all matters relating to Customer’s use of the Site shall be governed by the statutes and laws of the State of Missouri, and the federal laws of the United States of America without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply. Purchase of Products, Software licenses and Support Services by Bancsource authorized distributors and resellers will be subject to the territorial and other marketing restrictions of the applicable distributor or reseller agreement. No action related to this Agreement may be brought more than two (2) years after the cause of action first accrued.
Bancsource may change, amend or discontinue the Site (or any portion thereof) at any time without prior notice or obligation to Customer. Bancsource may also change these Terms and Conditions at any time without prior notice, and Customer’s continued use of any Bancsource Site after such changes have been posted will constitute Customer’s acceptance of the changes.