SMB 8.5 x 3.5 flyer form

Marketing and Communications

Last Updated: July 2, 2019

1. Acceptance.  Your use of the pre-approved Zelle^® marketing collateral, communications, and public announcements (the “Materials”) provided on this website is governed by these Terms of Use (“Terms”). You are being provided with access to the Materials as (a) an employee of Early Warning Services, LLC (“Early Warning”); or (b) a representative of a consultant, service provider or consumer of one or more of the Zelle^® financial services provided by Early Warning (a “Consumer”). Each time you access and/or use the Materials, you agree to be bound by these Terms and any additional terms that apply to the entity that you represent, including any applicable agreements entered into the Vendor that you represent.  


2. Updates to Terms.  These Terms may be revised and reissued, prospectively by posting updated terms in the Site. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms in the Site. Your continued use of the Site will be deemed as acceptance of any revisions.


3. Use of the Materials.  Consumer shall not:
   
   
   1. Modify the Materials in any way other than is clearly intended by Early Warning through explicit instruction;
   2. Use the Materials in violation of applicable law;
   3. Use the Materials in a way that could impair another’s authorized use of the Materials;
   4. Falsify any information or misrepresent your identity; 
   5. Remove, modify, or tamper with any regulatory or legal notice that is incorporated into the Materials
   6. Download, scan, copy, print, collect or store information located in the Materials or on the website except for Materials for which the print and/or download option has been explicitly provided for on the website, and/or as otherwise permitted by the Website;
   7. Bypass any measures used to prevent, restrict or otherwise limit access to the Materials;
   8. Use the Materials to in any altered, deceptive or falsified way;
   9. Install or copy any unauthorized software to and from the website; 
   10. Place, send or otherwise transmit any malware, virus or use any malicious programs or techniques in connection with the website;
   11. Overload or otherwise crash or attempt to crash the website containing the Materials;
   12. Engage in any high volume data transfers or bandwidth use through your use of the website;
   13. Use the Materials in association with a service that is not a Zelle^® service;
   14. Represent that you are a Consumer of the Zelle^® services provided by Early Warning when you are not a Consumer of Zelle^® services; or
   15. Use or continue to use the Materials without an existing and enforceable contract with a Zelle^® services Participant who has entered into a contract with Early Warning or a reseller of the Zelle^® services.


4. Intellectual Property Rights.  You agree that the Materials contain proprietary information and material that is owned by Early Warning, its affiliates, and/or third parties, including without limitation its licensors, and that you will not use such proprietary information or materials except as provided in these Terms. The characters, logos or other images incorporated by Early Warning on the Site may also be protected as registered or unregistered trademarks, trade names and/or service marks owned by Early Warning or others. You may not copy or use the names, marks or logos of Early Warning, in whole, in part, in modified form or otherwise and only the Materials as presented on this website may be used by rightful Consumers of the Zelle^® services.
   
   No license to the Early Waring name, logo, trademarks or service marks, implied or explicit, is granted to Consumer under these Terms. Consumer may not use any Early Warning name, logo, trademark, or service mark in publicity releases, promotional material, advertising, marketing or business generating efforts without obtaining Early Warning’s prior written consent. Company agrees that any and all goodwill established from the use of Early Warning name, logo, trademarks or service marks as set forth herein shall inure to the benefit of Early Warning. All names, logos, trademarks and service marks contained in the Materials remain the exclusive property of Early Warning.
   
   Consumer may use the Materials only as provided and only in association with genuine Zelle^® services originating from a Zelle^® Participant. All materials are copyright protected and owned by Early Warning. Any copying, use, modification or alterations to the Materials by a Consumer is direct violation of these Terms and is prohibited.  


5. General.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  
   
   EARLY WARNING WILL NOT BE LIABLE TO CONSUMER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL LOSSES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF EARLY WARNING HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES IN RELATION TO CONSUMER’S USE OF THE MATERIALS. THE MATERIAL IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MATERIALS OR THE USE OR OTHER DEALINGS IN THE MATERIALS.