Last updated: August, 2015
THESE TERMS GOVERN THE USE OF THIS SITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE.
Acceptance of Terms
In order to use the Site, you must be:
- at least 18 years old, and
- a legal resident of the United States.
If you do not satisfy the above restrictions, please do not use the Site or access Content from the Site.
Unauthorized use of the Site, including, but not limited to, unauthorized entry into CIT Bank's systems, or misuse of any information posted on the Site is strictly prohibited. CIT Bank makes no representation that the products and services described on the Site are available in all countries. Your eligibility for particular products and services is subject to final determination by CIT Bank.
Changes to the terms
CIT Bank reserves the right to change these Terms from time to time. We will notify you of any changes by posting the revised Terms on the Site. You should also periodically check the effective date at the top of this Web page to be sure that you are viewing the most recent version of the Terms and the important information that it includes. All changes to the Terms shall be effective upon posting. Your continued use of the Site after any changes to these Terms constitutes your agreement to be bound by any such changes. CIT Bank may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.
The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, desktop, mobile, or other applications for download, and other material provided by or on behalf of CIT Bank (collectively, "Content"). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you agree that you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us. You must not remove or alter copyright or other proprietary notices contained in the original Content, and if CIT Bank allows you to sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, or distribute the Content, you must include those proprietary notices without alteration. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose without the express written permission of CIT Bank. The use or posting of the Content on any other website, public or private electronic retrieval system, or in a networked computer environment for any purpose is expressly prohibited.
CIT Bank makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you violate any part of these restrictions, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of CIT Bank (the "CIT Bank Trademarks") used and displayed on the Site are registered and unregistered trademarks or service marks of CIT Bank or its affiliate. Other company product and service names located on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks" and, collectively with CIT Bank Trademarks, the "Trademarks"). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of CIT Bank Trademarks inures to CIT Bank's benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content for the Site may be retransmitted without our express, written consent for each and every instance.
Use of Personal Information
While we endeavor to ensure that the Site is normally available, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, legal requirements, maintenance, or repair, or for reasons beyond our control.
In using this Site, you agree:
- to use the Site and the Content only for lawful purposes,
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites;
- not to upload, post or otherwise transmit through or on the Site any virus, worm, Trojan horse, malware, program, code, or other harmful, disruptive, or destructive files;
- not to use a robot, spider, script, or any other means to extract, download, index, mine, scrape, or circumvent the operation or intended use of the Site;
- not to use the Site to submit or share any offensive, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate material;
- not to violate the privacy or publicity rights or infringe upon the intellectual property or other proprietary rights of third parties;
- not to use the Site to make unsolicited offers, requests or advertisements, or to send spam;
- not to use or attempt to use or access another person's product, account or personal information, or create or use a false identity on the Site; and
- not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
You are prohibited from any use of the Site or Content that would give rise to liability to CIT Bank or otherwise violate any applicable local, state, national, or international law or regulation.
You are fully responsible for all the activities that take place under your account, including the use of the Site by third parties, whether authorized or unauthorized. Further, you agree that you will not share your sign-in credentials with any other person for any reason whatsoever.
CIT Bank has no obligation to monitor the Site; however, you acknowledge and agree that CIT Bank has the right to view, monitor, and/or record the Site and Site activity electronically or otherwise, without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. CIT Bank may also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
CIT Bank may, in its sole and absolute discretion, (i) delete and/or take down any material from the Site; (ii) disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; (iii) operate the Site; and (iv) take any steps that it deems necessary or appropriate to protect itself and/or users of the Site.
Submissions to the site
THE SITE AND CIT BANK CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CIT BANK, ITS AFFILIATES, PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY "THE CIT BANK PARTIES"), DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE OR THE CIT BANK CONTENT, AND EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CIT BANK IS NOT SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CIT BANK CONTENT AT YOUR OWN RISK.
CIT BANK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER, OR THE CIT CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CIT BANK CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
Limitation of liability
IN THE ABSENCE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY US, IN NO EVENT SHALL THE CIT BANK PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CIT BANK CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE CIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CIT BANK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the CIT Bank Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the CIT Bank Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use or misuse of the Site or content in violation of the Terms or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The CIT Bank Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of CIT Bank. You hereby agree to cooperate with any reasonable requests from CIT Bank to assist in its defense of such claim or matter. You further agree to indemnify and hold harmless the CIT Bank Parties from any claim arising from a third party's use of information or materials of any kind that you post in a public area of the Site.
These Terms are effective until terminated by CIT Bank at any time without notice. CIT Bank may suspend, restrict, and/or terminate your access and use of the Site at any time, with or without cause, in CIT Bank's absolute discretion and without notice. The following paragraphs of these Terms shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
Digital Millennium Copyright Act
CIT Bank respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the "Act") for the receipt of any Notification of Claimed Infringement that may be given under that Act is as follows:
Attention: Assistant General Counsel
Address: 1 CIT Drive, Livingston, NJ 07039
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Governing Law and Venue
These Terms and all other aspects of your use of the Site shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of New York to the extent not preempted by federal law and without regard to its conflict of law rules. All claims and disputes arising out of these Terms, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by CIT Bank, shall be exclusively brought in the federal, state, or local courts located in New York County, New York, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts, and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Failure by CIT Bank to enforce any provision(s) of these Terms shall not be construed as a waiver thereof. Any cause of action you may have with respect to the Site, the Content, and/or these Terms must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved.
You agree that you will not sue us as an individual. You agree that you will not file or participate in a class action against CIT Bank.
If you have questions regarding the Terms or the practices of CIT Bank, please contact us