PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES OR INFORMATION IN THIS WEBSITE.
These Terms and Conditions of Use (also called "Terms and Conditions") are a legally binding contract between you and Banister Financial, Inc. ("Company", "we", "us", "our", "Banister", Banister Financial"), concerning your access to and the use of the following website hyperlinks, and any and all of their directories, files and folders, subdirectories, or subdomains or related content of any kind (below items are collectively referred to herein as "Website" and "WEBSITE") and your associated use by you of them or any of their content of any kind whatsoever in any manner:
If you are not over 18 years old you are not permitted to use this Website.
This Website is owned and operated by Banister Financial, Inc., incorporated in the State of North Carolina in the United States of America. Questions concerning this Website or its operation should be directed to the contact points set forth at the end of these Terms and Conditions of Use. In connection with viewing and using this Website you are permitted to temporarily download one copy of the materials posted on this Website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this Website, redistribution, retransmission, republication or commercial exploitation or use of the contents of this Website is expressly prohibited without the written consent of Banister and any copyright owner from whom we have obtained a license. Requests for such permission related to Banister should be made to the contact specified at the bottom of this document. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this Website does not transfer any right, ownership or licensing of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms and Conditions. You may not mirror or archive any part of this Website or any material contained on this Website on any server or computer without Banister's prior written permission.
Content and Hyperlinks; No Representations Made as to Other Sites or Hyperlinks
This Website may contain hyperlinks to third-party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Banister is providing such links solely as a convenience to you. Accordingly, Banister has no control over and makes no representations concerning the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to or from this Website. The fact that Banister has provided a link to a third-party website does not constitute an endorsement, authorization, sponsorship, or affiliation by Banister with respect to such website, its owners, or its providers. Banister has not tested any information, software, or products found on any of the third-party websites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of such third-party websites, or the suitability or appropriateness of the products or transactions described therein.
Those who choose to access information from this Website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.
Neither Banister nor any of its third party-providers shall have any responsibility to maintain the data and materials made available on this Website or to supply any corrections, updates, or releases in connection therewith. Availability of data and materials are subject to change without notice.
If you want to link to this Website please contact Banister (contact information at end), before creating that link so the site on which the link to our Website will be located may be previewed. Banister expressly forbids the unauthorized use of its logos, trademarks, images or other graphics to create links. Text links are permitted upon prior written approval by an officer of Banister.
Content Not to be Construed as a Solicitation or Recommendation
The material contained in this Website has been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Banister is not soliciting any action based upon it. This material is not to be construed as a recommendation, or an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product, or instrument, or to participate in any particular trading, tax, estate, gift planning or other strategy of any kind. Banister has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
NO PROFESSIONAL SERVICES, ADVICE, OPINIONS OR RECOMMENDATIONS PROVIDED
NO BUSINESS VALUATION, TAX, FINANCIAL, CONSULTING, PROFESSIONAL OR LEGAL ADVICE OR OTHER PROFESSIONAL SERVICES OR RECOMMENDATIONS OF ANY KIND WHATSOEVER ARE RENDERED THROUGH ANY INFORMATION, ARTICLES OR OTHER CONTENT OF THIS WEBSITE. BUSINESS VALUATION CASES, IRS RULINGS AND/OR REGULATIONS, LAWS, AND BUSINESS VALUATION METHODOLOGIES MAY CHANGE MATERIALLY OVER TIME, INCLUDING FROM WHEN A SPECIFIC ARTICLE WAS WRITTEN, CASE WAS DECIDED OR RULING WAS ISSUED AND MAY NO LONGER BE VALID. BANISTER IS UNDER NO OBLIGATION TO UPDATE WEBSITE CONTENT TO REMAIN CURRENT. IN ADDITION, BUSINESS VALUATION, TAX, FINANCIAL, INVESTMENT, AND LEGAL ISSUES ARE COMPLEX AND SITUATION, COMPANY, AND FACT SPECIFIC AND AFFECTED BY A LARGE NUMBER OF FACTORS. READERS OF ANY ARTICLES, CASES OR OTHER INFORMATION OR CONTENT OF ANY KIND CONTAINED ON THIS WEBSITE MUST NOT APPLY SUCH INFORMATION TO A PARTICULAR MATTER AND MUST INSTEAD SEEK AND RETAIN THE SERVICES OF SKILLED AND TRAINED PROFESSIONALS IN THE FIELDS OF BUSINESS VALUATION, LEGAL, TAX, FINANCIAL, INVESTMENT AND OTHER AREAS AS MAY BE APPROPRIATE TO EXPLORE A PARTICULAR MATTER AND ITS ASSOCIATED RAMIFICATIONS.
IRS Circular 230 Notice
In accordance with IRS requirements, this is to inform you that any information on this Website that could be construed as U.S. tax advice is not written or intended to be used, and cannot be used, for the purposes of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this Website.
No Determination of Suitability Made: Seek the Advice of Skilled Private Advisors
The fact that Banister has made the data and materials provided on this Website available to you constitutes neither a recommendation that you enter into a particular transaction or strategy of any kind nor that any matter described on this Website is suitable or appropriate for you. Seek and retain the advice of skilled professionals to provide you comprehensive advice before considering or implementing any matter or issue discussed on this Website.
Monitoring by Banister
NO REPRESENTATIONS OR WARRANTIES
BANISTER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. BANISTER MAKES NO WARRANTY WHATSOEVER TO YOU, EXPRESS OR IMPLIED, REGARDING THE SECURITY OF THE WEBSITE, INCLUDING WITH RESPECT TO THE ABILITY OF UNAUTHORIZED PERSONS TO INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU THROUGH THE USE OF OUR WEBSITE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS TO YOU THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THIS WEBSITE, ITS CONTENT, OR OF THE WEB HOSTING COMPANY'S OR BANISTER'S COMPUTER SYSTEMS OR NETWORKS OF ANY KIND, OR TO ANY RESULTANT IMPACT ON YOUR DEVICES, COMPUTER(S), SYSTEMS, DATA, COMPANY OR OPERATIONS OR CUSTOMERS OF ANY KIND.
YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED BY YOU IN CONNECTION WITH THIS WEBSITE, AND TO PROVIDE FOR MAINTAINING AND KEEPING YOUR OWN COMPUTER EQUIPMENT, OPERATING SYSTEM, WEB BROWSER, ANTIVIRUS SOFTWARE AND OTHER ITEMS USED FOR ACCESSING INTERNET WEBSITES UP TO DATE AND SECURE. YOU AGREE TO HOLD BANISTER HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF OR ACCESS TO MATERIALS OR CONTENT FROM THIS WEBSITE.
THE PAGES ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED “AS IS”. BANISTER DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE OR MERCHANT LIABILITY, NOR DOES BANISTER IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, OR LEGALITY OF INFORMATION, CONTENT OR MATERIALS THAT ARE TRANSFERRED, RECEIVED OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BANISTER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BANISTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO BANISTER FOR ACCESSING THIS WEBSITE.
BY USING ANY PORTION OF OUR WEBSITE YOU AGREE THAT IN NO EVENT WILL BANISTER, OUR EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR AGENTS BE LIABLE TO YOU OR ANOTHER PARTY FOR ANY DAMAGE INCLUDING BY NOT LIMITED TO: LOSS OF REVENUE, SPECIAL, PUNITIVE, LOSS OF DATA, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OUR SERVICES OR WEBSITE.
Any action or proceeding related to or arising from this Agreement, in which Banister is a party and judgement is entered in against yourself, you shall be responsible for attorneys’ fees and costs incurred by Banister.
Trademarks and Copyrights
Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Banister or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.
Various third party fonts, images, website elements, etc,, were available to Banister in developing its Website through software and other licenses obtained by Banister and are not to be used by other than this Website or by any other party for any reason without obtaining the appropriate and legal rights, written permission and approval of the appropriate licensors or owners of such assets to do so. The image of Hurricane Hugo shown in the banner section of certain of the Website pages is the property of the National Oceanographic and Atmospheric Administration (NOAA).
Except as otherwise noted, Banister is the owner of all trademarks and service marks on this Website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).
System Outages, Slowdowns, and Capacity Limitations/Delays
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Website or communicating with Banister through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's, or Banister's, can experience unanticipated outages or slowdowns, or have capacity limitations.
Jurisdiction and Choice of Law
Banister controls and manages this Website from its facilities in the United States of America. Unless otherwise stated, materials and content on this Website are presented solely for promoting Banister's services and expertise in the United States of America. Information published or contained on or available via this Website may contain references to information and materials that are not announced or available in your country or region. We make no representation that such information or materials referenced on this Website are legal, available or appropriate in your country or region.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina and the United States of America, without giving effect to any principles of conflicts of law. You and Banister irrevocably consent to the exclusive jurisdiction of the courts located in North Carolina in connection with any action arising out of or related to these Terms and Conditions of Use or their subject matter. You and Banister waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
If any provision of these Terms and Conditions of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Website is strictly prohibited.
Banister reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Banister may have. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website. In the event of a conflict between such terms and these Terms and Conditions such specific terms shall control.
Updates to Terms and Conditions
Questions about these Terms and Conditions?
Contact (In Writing):
Banister Financial, Inc.
1338 Harding Place, Suite 200
Charlotte, North Carolina 28204
United States of America
ATTENTION: TERMS AND CONDITIONS
1338 Harding Place, Suite 200
Charlotte, North Carolina 28204
Phone: (704) 334-4932