Disclaimers and Important Terms and Conditions

2. AGREEMENT. This Agreement describes the terms and conditions on which Integrated Capital Recovery allows access and use of sites operated by Integrated Capital Recovery. Some of the Integrated Capital Recovery web pages and/or mobile applications  on the Sites may provide services, features or offers under their own  terms and conditions of use and you agree to comply with such terms of  use in your use of those services. In the event of a conflict, the  additional terms and conditions will govern for those sections or pages.  You may be asked to execute supplemental agreements, in paper or  electronic form, before you are permitted to access or use certain  features or functionality within the Sites (each, a “Supplemental  Agreement”). In the case of Supplemental Agreements presented to you  online, you authorize us to rely upon “checks” or “clicks” in designated  locations that are attributable to your password as your consent to the  terms of such Supplemental Agreements. This Agreement is in addition to  any Supplemental Agreement and is not intended to supersede or modify  any such Supplemental Agreement, nor is such Supplemental Agreement  intended to supersede or modify this Agreement.

3. LIMITED LICENSE. Integrated Capital Recovery grants you a personal, revocable (at any time), non-exclusive,  non-transferable, non-sublicensable, limited license to access, use and  display the Sites and the information, graphics, content and materials  thereon (“Content”) and any software that may be necessary to use the  Sites for your personal use. All right, title and interest in the Sites  and the Content is our exclusive property or the property of our  licensors. You have no ownership rights in the Content or Sites, which  is owned by us or our licensors. The works of authorship contained in  the Sites, including, but not limited to, all design, text, sound  recordings and images, are owned or licensed by, except as otherwise  expressly stated, Integrated Capital Recovery. You acknowledge and agree that the Sites and  the Content are protected by copyrights, trademarks, service marks, and  other proprietary rights and laws and are provided only for your  personal, non-commercial use. You are also granted a limited license to  print copies of any Content posted at the Sites, but only for your  personal, non-commercial use. Except as expressly provided above, all  rights are reserved. You may not copy, display, perform, distribute,  license, frame, download, modify, publish, report, repost, sell,  transmit, store for subsequent use, or otherwise use in whole or in part  in any manner the Sites or Content without our express written  permission, except to the extent permitted by the Copyright Act of 1976  (17 U.S.C. § 107), as amended. 

4. USE OF CONTENT. You may not modify, copy, distribute, transmit, display, perform,  reproduce, publish, license, frame, create derivative works from,  transfer, or otherwise use in any other way for commercial or public  purposes in whole or in part any Content, including, but not limited to,  any information, software, products or services obtained from the  Sites, except for the purposes expressly provided herein, without our  prior written approval. You acknowledge that we may provide certain  portions of the Content under license from our agents, vendors or  partners (“Third Party Providers”), and you agree to comply with any  additional restrictions on your usage that we may communicate to you  from time to time, or that are otherwise the subject of an agreement  between you and such licensors. Product offers, rates, terms and other  Content provided at the Sites are subject to change without notice. Your  eligibility for particular products and services is subject to  Integrated Capital Recovery's review and acceptance. Not all of the products and services  described at the Sites are available in all geographic areas.

Non-deposit  investment products, insurance and securities are NOT deposits or  obligations of, or insured by, Integrated Capital Recovery or any bank or affiliate,  are NOT insured by the FDIC or any agency of the United States and  involve INVESTMENT RISK, including POSSIBLE LOSS OF VALUE. 

5. DATED AND FORWARD-LOOKING STATEMENTS. Certain information on the Sites may contain certain forward-looking  statements, which are subject to risks and uncertainties and speak only  as of the date on which they are made. The words “believe,” “expect,”  “anticipate,” “optimistic,” “intend,” “aim,” “will” or similar  expressions are intended to identify forward-looking statements. You are  cautioned not to place undue reliance on these forward-looking  statements. Any dated information is published as of its date only.  Dated and forward-looking statements speak only as of the date on which  they are made. We undertake no obligation to update publically or revise  any dated or forward-looking statements.

6. DISCLAIMERS. Integrated Capital Recovery IS NOT RESPONSIBLE FOR ANY INACCURACIES, ERRORS (INCLUDING  TYPOGRAPHICAL ERRORS) OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE  USE OF THE SITES OR THE CONTENT. THE SITES, ALL CONTENT, LINKS AND ANY  OF THE SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED  “AS IS” AND “AS AVAILABLE,” WITH NO GUARANTEE OF COMPLETENESS, ACCURACY  (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE  RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR  IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE,  NON-INFRINGEMENT, PERFORMANCE, MERCHANTABILITY AND FITNESS FOR A  PARTICULAR PURPOSE OR USE. IN ADDITION, M&T MAKES NO  REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITES WILL BE SECURE,  ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. YOU  AGREE THAT UNDER NO CIRCUMSTANCE WILL M&T OR OUR AGENTS, OFFICERS OR  EMPLOYEES THEREOF BE RESPONSIBLE FOR OR LIABLE TO YOU OR ANYONE ELSE  FOR: ANY CONTENT CONTAINED ON OR OMITTED FROM THE SITES; ANY PERSON'S  RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT THE CONTENT IS COMPLETE,  CURRENT OR CORRECT; ANY VIRUSES OR DEFECTS THAT MAY BE FOUND TO EXIST IN  THE SITES, THE CONSEQUENCES OF ANY DECISION YOU OR ANY OTHER PERSON  TAKES OR FAILS TO TAKE WHETHER OR NOT BASED ON CONTENT PROVIDED BY OR  RESULTING FROM USE OF THE SITES. THE CONTENT, AND ANY ADVICE RECEIVED  VIA THE SITES, IS NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR  PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN  APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF  THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE  USING THE SITES.

7. LIMIT ON DAMAGES.  Integrated Capital Recovery AND OUR THIRD PARTY PROVIDERS, DIRECTORS, OFFICERS OR EMPLOYEES  SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA,  INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, WHETHER UNDER THIS  AGREEMENT OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH OR RELATED  TO THE SITES, ANY SOFTWARE USED TO ACCESS THE SITES, ANY OF THE SERVICES  AVAILABLE THROUGH THE SITES OR THE CONTENT, YOUR RELIANCE ON, USE OF OR  INABILITY TO USE THE SITES, OR ANY ERROR, OMISSION, INTERRUPTION, OR  DELAY IN OPERATION, OR ANY COMPUTER VIRUS OR SYSTEM FAILURE, REGARDLESS  OF WHETHER SUCH CLAIM ARISES UNDER ANY THEORY OF TORT, CONTRACT, STRICT  LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER Integrated Capital Recovery IS ADVISED OF  THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE  ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

8. LINKS TO THIRD PARTY SITES. There shall be no unauthorized links created linking this site or any link within this site to any third party 

9. SUBMISSIONS. All information you submit to Integrated Capital Recovery via the Site will be considered  to be the property of Integrated Capital Recovery, and Integrated Capital Recovery is free to utilize any  information you submit for any purpose. To the extent applicable law  does not permit Integrated Capital Recovery to own such information, you hereby grant a  perpetual, worldwide, unlimited license to Integrated Capital Recovery to use the  information you submit for any purpose.

10. PRIVACY. Use of the Site is governed by our stated privacy policy The Sites are not intended to be used by European Union residents or users under the age of thirteen years.

11. INDEMNITY. You agree to defend, indemnify, and hold harmless Integrated Capital Recovery and its Third  Party Providers, directors, officers and employees from and against all  claims, liabilities, losses, expenses or other costs, including  attorneys' fees, arising out of your violation of any of the terms  hereof by you, the content of any message sent using email, your  violation of law, your use of the Sites or Content, or your misuse of  the Sites, including such violation or misuses conducted by your  employee or agent, if applicable.

12. SUSPENSION AND TERMINATION. Integrated Capital Recovery may modify, terminate and/or suspend your access to the Site,  the related services or any portion thereof at any time, without notice. Integrated Capital Recovery may also impose limits on certain features and services or  restrict your access to parts or all of the Sites without notice or  liability. Integrated Capital Recovery may also at any time discontinue providing the Site,  or any part thereof, with or without notice.

13. AMENDMENTS; MODIFICATIONS. Integrated Capital Recovery reserves the right to change, modify, add or remove any portion  of this Agreement in whole or in part, at any time, by posting the  amended terms on the Sites. The new terms shall automatically be  effective and binding on you 15 days after they are initially posted on  the Sites. Your continued use of the Sites after any changes to this  Agreement are posted will be considered acceptance of those changes.  This Agreement may not otherwise be amended.

14. GOVERNING LAW. This Agreement is governed by the laws of the State of New York,  U.S.A., without regard to its principles of conflict of laws. The Sites  are not intended for distribution to, or use by, any person or entity,  or any jurisdiction or country where such distribution or use would be  contrary to local law or regulation, would subject Integrated Capital Recovery to any  liability or would not give effect to all of the provisions in this  Agreement. You may not access the Sites or the Content where such access  is illegal or prohibited or where such access would subject M&T or  its affiliates to any liability.

15. USE FOR ILLEGAL ACTIVITIES PROHIBITED. As you use the Sites, you agree not to use the Sites: 

(a) in violation or attempted violation of the terms herein;
(b)  in any manner which could damage, disable, interrupt, overburden, or  impair the Sites or interfere with any other party's use and enjoyment  of the Sites;
(c) for any illegal activities or attempted illegal  activities (Illegal activities include, but are not limited to,  tampering with information databases and software, unauthorized entry to  other networks or computers, trafficking in illegal products or  substances, disobeying trade restrictions, violating civil rights laws,  knowledgeable vandalism, destruction of online files, transmitting any  unlawful, infringing, harmful, inappropriate, or otherwise objectionable  material of any kind, that can cause harm or delay to this Site, its  users, Integrated Capital Recovery, or computers of any kind.);
(d) Misrepresent your identity in any way;
(e)  Violate or attempt to violate the security of this Site (Any such  violations may result in criminal and/or civil penalties against you. We  may investigate any suspected violation and, if a criminal violation is  suspected, we will cooperate with law enforcement agencies in their  investigations);
(f) for any unsolicited advertising, solicitation, or promotional activities;
(g) to reverse engineer, disassemble or decompile any section or technology on the Sites;
(h)  to launch or use any automated system, including without limitation  “robots,” “spiders” or “offline readers,” that access the Sites in a  manner that sends more request messages to our servers in a given period  of time than a human can reasonably produce in the same period by using  a conventional web browser; or
(i) to transmit chain letters,  unsolicited messages, “spamming” or “phishing” messages, or messages  marketing or advertising goods and services.

You shall  comply with all applicable laws, statutes, ordinances and regulations  regarding your use of the Sites including U.S. export laws and  regulations, which regulate the distribution of materials and services  originating in the United States. We prohibit caching, unauthorized  hypertext links to the Sites, and the framing of any Content. We reserve  the right to disable any unauthorized links or frames and specifically  disclaim any responsibility for the Content available on any other  websites linked to our Sites. 

16. GEOGRAPHIC RESTRAINTS. The Sites may not be available or may be limited in some jurisdictions  outside the United States. You agree that you will not use the Sites in  locations that are prohibited under United States law and regulations,  including laws and regulations issued by the Office of Foreign Assets  Control.

17. AGREEMENT TO ARBITRATE. All disputes relating to this Agreement, use of the Sites or the  Content shall be subject to final and binding arbitration, with the  losing party paying all costs of arbitration. Any arbitration relating  to this Agreement shall be held in Erie County New York, under the rules  of the American Arbitration Association.

18. THIRD PARTY BENEFICIARIES. To the extent the Content contains data or information provided by  Third Party Providers or are otherwise contributed to by Third Party  Providers, such Third Party Providers shall be considered third party  beneficiaries of this Agreement.

19. ASSIGNMENT; WAIVER. You may not assign, sublicense, delegate, subcontract or otherwise  transfer your rights, duties and obligations under this Agreement to a  third party without our express written consent. Any instrument  purporting to make an assignment or other transfer in violation of this  provision shall be null and void. Any forbearance or delay on the part  of either party hereto in enforcing any provision of this Agreement or  any of its rights hereunder shall not be construed as a waiver of such  provision or of a right to enforce same for such occurrence or any  future occurrence.

20. COMPLETE AGREEMENT/NO REPRESENTATIONS. This Agreement constitutes the entire agreement between you and Integrated Capital Recovery relating to your access to and use of the Content and the Sites.  Integrated Capital Recovery's failure to insist at any time upon strict compliance with any  term of this Agreement, or any delay or failure on Integrated Capital Recovery's part to  exercise any power or right given to Integrated Capital Recovery in this Agreement, or a  continued course of such conduct on Integrated Capital Recovery's part, shall at no time  operate as a waiver of such power or right, nor shall any single or  partial exercise preclude any other future exercise. All rights and  remedies given to Integrated Capital Recovery in this Agreement are cumulative and not  exclusive of any other rights or remedies which Integrated Capital Recovery otherwise has at  law or equity. Any rights not otherwise expressly granted by this  Agreement are reserved by Integrated Capital Recovery. Captions are for convenience only. If  any part of this Agreement is determined to be invalid or unenforceable  pursuant to applicable law including, but not limited to, the warranty  disclaimers and liability limitations set forth above, then the invalid  or unenforceable provision will be deemed superseded by a valid,  enforceable provision that most closely matches the intent of the  original provision and the remainder of the Agreement shall continue in  effect. The provisions of this Agreement which expressly or by  implication are intended to survive its termination will survive and  continue to bind both you and Integrated Capital Recovery