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TD Bank WOW!Zone

TD Bank WOW!Zone Terms of Use

Welcome to the TD BANK WOW!ZONE Web Site (the "Site"). THESE TERMS OF USE GOVERN THE ACCESS AND USE OF THE SITE AND SHOULD BE CAREFULLY READ.

BY ACCESSING OR USING OUR SITE, THE USER ACCEPTS AND AGREES TO BE BOUND BY THESE TERMS OF USE AS THEY MAY FROM TIME TO TIME BE MODIFIED BY TD BANK, N.A., ITS SUBSIDIARIES OR AFFILIATES (COLLECTIVELY, "TD BANK").

IF YOU ARE A USER OF THE TD BANK WEB SITE (http://www.tdbank.com), PLEASE NOTE THAT WE PROVIDE DIFFERENT TERMS OF USE FOR THAT WEB SITE. WE MAY ALSO OFFER OTHER SERVICES FROM TIME TO TIME THAT MAY BE GOVERNED BY DIFFERENT TERMS OF USE.

Use of Site
Our Site contains information, names, images, pictures, logos, icons, documents and other material (the "Content") for the use and information of TD Bank customers and other visitors to our web site. The Content may not be copied (other than a copy for personal use), modified, distributed, transmitted, displayed, performed, reproduced, transferred, resold or republished without the prior written consent of TD Bank, which it may withhold in its sole discretion. You understand and agree that the Site is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Modifications
Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these TERMS OF USE. TD Bank may at any time make modifications, changes, and alterations to the Contents of this Site, including these TERMS OF USE, without prior notice. Users are responsible for regularly reviewing these TERMS OF USE. Your continued use of the Site following any modifications, changes or alterations shall constitute your acceptance of each such modification, change or alteration. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.


Transmissions to and from the Site
Transmissions to and from this Site or directed to TD Bank, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate unit at TD Bank. Please do not use E-mail other than the forms within the Site to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-888-751-9000, visit any store or write us at TD Bank, N.A., TD Bank Atrium, 1701 Route 70 East, Cherry Hill, NJ 08034-5400, to communicate confidential information. Any transmission to this Site, including E-mails, shall be deemed and remain the property of TD Bank. TD Bank may use and provide information contained in any such transmission (including any ideas, concepts, know-how or other intellectual property) to any of its affiliates for any purpose whatsoever and as deemed appropriate by TD Bank. Users should be aware that linked sites (see "Linked Sites", below) may utilize privacy policies which differ from ours. TD Bank is not responsible for such policies and expressly disclaims any and all liability related to such policies.

User Conduct
A User's public postings and private transmissions are the sole responsibility of the originating User. Therefore, Users are entirely responsible for all uploads, postings, e-mail, transmissions or other communications to and through the Site. We are not liable in any way for any loss or damage of any kind incurred as a result of the use of any postings, e-mails, transmissions or other communications made available via the Site.

You agree to not use the Site to:
  1. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a TD Bank official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
  5. upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. "stalk" or otherwise harass another; or
  13. collect or store personal data about other users.

You acknowledge that we do not pre-screen User postings and/or Content, but that we and our designees have the right (but not the obligation) in our sole discretion to refuse, move or delete any Content that Users make available via the Site. Without limiting the foregoing, we and our designees have the right to remove any Content that violates these TERMS OF USE or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF USE; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TD Bank, its customers, other Users and the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

No Redistribution of Site You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Indemnity You agree to indemnify and hold TD Bank and its subsidiaries, affiliates, officers, team members, agents and co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your breach of these TERMS OF USE, or your violation of any rights of another.

Termination
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any of your Content within the Site, for any reason, including, without limitation, for lack of use or if we or our designee believes that you have violated or acted inconsistently with the letter or spirit of the TERMS OF USE. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these TERMS OF USE may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Copyrights and Other Intellectual Property
Except where otherwise expressly noted or as noted below, all Contents of the Site, including the graphics, icons and overall appearance of the Site, are the sole and exclusive property of TD Bank, N.A. and/or its subsidiaries or affiliates. The posting of the Contents of this Site neither constitutes a waiver of any of TD Bank's proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, servicemarks, patents and other intellectual property, nor a transfer by implication, estoppel or otherwise of any such rights or of any license to the Site User or to any third party. Contents of this Site are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Content that you obtain from the Site. The display of trademarks within the Site does not grant you a license of any kind. Any downloading of material contained in the site, or of any site linked to the site, may be a violation of federal trademark and copyright laws. Any downloading of Content of the Site or any web site linked to the Site may be a violation of federal and other trademark laws and federal copyright laws.

Linked Sites
We allow our Users to directly access non-TD Bank web sites and content by providing links users to third-party sites, and by bringing third-party content into our site via "inverse" hyperlinks and framing technology (a "linked site"). We provide these links solely as convenient pointers to information on topics that may be useful to Users of our Site and we have no control over the content on such non-TD Bank web sites. Should you choose to visit, via our link, a non-TD Bank web site, TD Bank makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does TD Bank warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. TD Bank urges users to understand these risks before using, relying upon or retrieving information from a linked site. Links to non-TD Bank sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites. Linked sites may have privacy policies which differ from ours. Click on Privacy & Security to view our current online policy. The providers of linked sites may not be bound by federal regulation, as TD Bank is, to disclose your personal information only in compliance with such regulations.

No Warranties
Although TD Bank attempts to ensure that the Contents provided or otherwise displayed on the Site are accurate, we make no representation, endorsement or warranty that the Contents are accurate or suitable for your particular purpose. Therefore, you expressly understand and agree that:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability
IN NO EVENT WILL TD BANK OR ITS SUBSIDIARIES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR TEAM MEMBERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S USE OF OUR SITE OR A LINKED SITE; ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, LINE SYSTEM FAILURE OR LOSS OF DATA; ANY LOSS OF USE RELATED TO OUR WEB SITE OR A LINKED SITE; ANY WEB SITE OPERATED BY ANY THIRD PARTY; OR ANY CONTENTS OF THIS SITE OR ANY LINKED SITE, EVEN IF TD BANK IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law
These TERMS OF USE shall be governed by and construed in accordance with the law of the State of New Jersey, without regard to the conflict of laws thereof, and to the laws of the United States. Venue Disputes arising from the use of the Site shall be exclusively subject to the jurisdiction of any federal or state court for the State of New Jersey.

Severability
If a court of competent jurisdiction determines that a portion of our TERMS OF USE is unenforceable, such portion shall be modified solely to the extent necessary to cause such portion to be enforceable and these TERMS OF USE as so modified shall otherwise remain in full force and effect.

Waiver
No waiver by TD Bank of any right under or term or provision of these TERMS OF USE will be deemed a waiver of any other right, term, or provision of these TERMS OF USE at that time or a waiver of that or any other right, term, or provision of these TERMS OF USE at any other time.

Service Contact
If you have questions or problems regarding the Site, click here to use our secure e-mail form or call us at 1-888-751-9000.
 

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