The terms "8 Pillars," "momentumonup," "SunTrust," "us," "we," and "our" refer to "SunTrust Bank", the owner of the Site. The terms "you" and "your" refer to the user or viewer of our Site. The term "Company" refers to the organization who has offered you access to the Site.
1. Acceptance of Agreement.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
3. Trademarks, Service Marks, Copyrights.
8 Pillars and SunTrust are federally registered trademark of SunTrust Banks, Inc. 8Pillars.com is a registered domain name of SunTrust Banks, Inc. Other product and company names mentioned on the Site may be trademarks or copyrights of their respective owners. The Greatness Gap, The Financial Momentum Circle, Financial Peace Account, Marshmallows and Bikes, The Greatness Continuum, 8 Pillars University, The Financially Fatal Rule, Self Projection Reinforcement Model, The Five Mousetraps of Investing, The Value Creation Matrix, The Five Levels of Financial Merit, and others are or may be copyrighted material or trademarks of SunTrust Banks, Inc. or Mainstay, LLC. The content, organization, graphics, design, downloads, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
4. Limited License; Permitted Uses; Restrictions and Prohibitions on Use.
5. Forms, Agreements & Documents.
We may make available through the Site or through other web sites sample and actual forms, checklists, and business documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal, tax, accounting, or other professional counsel to determine the appropriate legal or business documents necessary for your particular transactions, as the Documents are only samples and may not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
6. Strictly Educational – No Professional or Legal Advice.
The Site and the corresponding content are designed to provide accurate and authoritative information in regard to the subject matter covered. The Site and the corresponding content is strictly educational in nature and is provided with the understanding that we (SunTrust and Affiliated Parties, as hereinafter defined) are NOT engaged in rendering accounting, investment, tax, legal, or other like professional or fiduciary services by publishing this Site. If such other professional or fiduciary advice is required, the services of a competent professional person should be sought. Your particular needs, investment objectives and financial situation were not taken into account in the preparation of the Site and the materials contained herein. You must make your own independent decisions regarding any securities or financial instruments mentioned herein. The fact that we have made available to you through the Site, investment opinions and other information constitutes neither a recommendation that you enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for you. You should consider whether an investment strategy or the purchase or sale of any product is appropriate for you in the light of your particular investment needs, objectives and financial circumstances. We (SunTrust and Affiliated Parties) specifically disclaim any liability, loss, or risk which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of the Site. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Information provided does not constitute any warranty for financial performance. Further, information in and on the Services, Site, Content and Materials generally applies to U.S. debts and applications of the subject matter only. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
7. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
8. Use of Information; Privacy; Fraud and Security.
9. Third Party Links, Services and Content.
The Site may contain embedded or linked third party web sites and may allow access to, or advertise or provide contact information for, certain third party products, sites or service providers, including without limitation MX Technologies, Inc., SavvyMoney, Inc. and Consumer Credit Counseling Service of Greater Atlanta, Inc. dba ClearPoint Credit Counseling Solutions (collectively “Merchants”) from which you may purchase or obtain certain goods or services, including without limitation My MoneyDesktop, Credit Score solutions and Debt Management Plan. Merchant and other third party content may appear on the Site or may be accessible via links from the Site to other sites. We believe the links contained on the Site are to reputable companies. Nevertheless, we make no representations or warranties regarding non-SunTrust sites or the Merchants maintaining them. We are not responsible for the products, services, content, accuracy, opinions or advice expressed or given in such web sites or by such Merchants, and such web sites and Merchants are not investigated, controlled, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site or contact information on our Site does not imply approval or endorsement of the linked web site or Merchant by us. If you choose to leave our Site and/or access Merchants and other third party web sites through links on our pages, you do so at your own risk and accept responsibility for all related risks. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of their interactions with you, including order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Merchant or third party content that may appear on the Site or may be conveyed by such Merchant or accessible via links from the Site to other sites. The Site may contain advertising and sponsorships. We are not responsible for the illegality or any error, inaccuracy or problem in the materials or other information provided or conveyed by any Merchant, advertiser, sponsor or other third party. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites or interacting with any such Merchant. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
10. Payments; User Not Entitled to Refund.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You are not entitled to a refund or rebate if you discontinue use of all or any component of the Site.
11. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
12. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
13. Legal Compliance; Unlawful Activity.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to violation of this Agreement, or use of the Site, the online services or other Merchant or third party sites or information as described in Section 9 above, by you, any of your family members, or any other party who uses or shares your use of all or any component of the Site or such other Merchant or third party sites or information (without implying any consent thereto), or any claims made by you, any of your family members or any of your or their heirs, agents, representatives, successors and assigns of losses arising out of or in connection with reliance on any of the matters disclaimed in by us in this Agreement.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
16. No Warrantied; Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b) BELOW. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, (v) any data or information your Company may collect or use regarding your use of the Site, or (vi) any delay or failure in performance beyond the control of a Covered Party. (b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
This Agreement shall be treated as though it were executed and performed in the State of Georgia, and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Upon the demand of you or us, any dispute, claim or controversy arising out of or relating to the Agreement, the Site, the Services, the Content and Materials, the Documents, a Submission, or the breach, termination, enforcement, interpretation or validity of the Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by individual binding arbitration in the State of Georgia before one arbitrator. Any arbitration shall proceed on an individual basis, no claims may be joined or consolidated with the claims of any other party or controversy, and no action shall proceed on a class basis or as a class action. Any arbitration shall be administered by JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, www.jamsadr.com, 1-800-352-5267, pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on any Award in arbitration may be entered in any court having jurisdiction. If JAMS is unable or unwilling to serve as administrator, the parties may agree upon another administrator or, if they are unable to agree, a court shall determine the administrator.