Terms of Use

These Terms of Use (or "Terms") for The Banah Group, LLC ("TBG", "us", or "we") govern your use of our Services, which include our website: https://thebanahgroup.com/ and our other websites and online channels (collectively, the "Site"), and other services we may offer from time to time. These Terms will remain in effect as long as you access or use the Services. Additional, separate terms that apply to your use of the Services will be considered to form part of these Terms.

Please read these Terms carefully. By accessing or using the Services in any manner, you accept and consent to these Terms and all documents incorporated by reference. If you do not agree to these Terms, do not access or use the Services. If you have any questions regarding our Services or these Terms, please contact us at info@thebanahgroup.com.

Eligibility

To use the Services, you must be at least 18 years of age and residing in the United States, not barred from receiving such services under applicable law, and have never previously been suspended or removed from any of TBG's Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services.

Informational Purposes Only

The Services are provided for informational purposes only. You are also encouraged to seek professional advice and care for all financial planning, tax, and legal matters. TBG disclaims all liability and responsibility arising from your use of our Services. You use the Services at your own risk.

License Grant

TBG grants you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of TBG or any third party, except as expressly provided in these Terms. We reserve all rights not expressly granted in these Terms.

Privacy Policy

You acknowledge that you have read and understand our Privacy Policy.

Services

TBG offers the Services to you as an individual end user. TBG reserves the right to eliminate or modify any or all of the functionality of the Services at any time without any prior notice to you.

Acceptable Use

You represent and warrant that (a) you will use the Services in compliance with applicable laws; (b) any information you submit to us is truthful and accurate; (c) you will maintain the accuracy of that information. Any information that you provide to us will also be subject to our Privacy Policy.

You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. You further agree not to use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

Prohibited Acts

You are strictly prohibited from violating or trying to violate our security features, such as by (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (c) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; or (d) sending unsolicited email, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You hereby agree not to use any device, software, or routine to interfere, or try to interfere with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers.

If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Proprietary Rights

Unless otherwise expressly indicated, the information contained on our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information, and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks, on the Site or in our other Services, are copyrights, trademarks, trade dress or other intellectual property (collectively, the "Contents") owned, controlled, or licensed by TBG or its affiliates, or are the property of their respective owners. No license to or regarding any of the Contents is granted in connection with your use of the Services.

You understand that your use of the Services does not authorize you to use any Contents in any manner other than specifically authorized by these Terms. You may not use our Contents in any way that disparages us or might confuse others. Any other use of the Contents in the Services, including reproduction for purposes other than as noted herein, without the prior written permission of TBG, is strictly prohibited. Only a duly authorized officer of TBG may grant permission or a license to use any of our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of TBG is invalid.

Copyright Infringement / DMCA Notice

TBG takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice.

If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, please contact us at info@thebanahgroup.com with the following information (see 17 U.S.C. § 512(c)(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Communications

In connection with your use of the Services, you agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information, and other important information. You may opt out of some of those communications by clicking the "unsubscribe" button on the bottom of emails sent from us, or by altering your communication preferences in your account.

If you opt-in for text/SMS notifications, TBG may send you text/SMS notifications relating to service announcements, administrative messages, notifications, offers, promotions, affiliate information, and other important information. The frequency of SMS messages may vary. You can cancel the text/SMS notifications at any time by replying "STOP" or "UNSUBSCRIBE" to any TBG text/SMS message. Message and data rates may apply.

Please note that you are not able to opt out of certain material transactional or data privacy emails, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Updates

From time to time, we may, in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates").

Enforcement

TBG reserves the right (but is not required) to remove or disable your access to our Services, any Content and at our sole discretion, if we determine that your use of our Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.

Termination

These Terms remain in effect as long as you use any of our Services. We may terminate your use of the Services and these Terms immediately upon giving notice to you if you breach any of these Terms or any other agreement between you and us. In addition, we may terminate your use of the Services and these Terms at any time and for any other reason. You agree that all terminations shall be made in TBG's sole discretion and that TBG shall not be liable to you or any third party for any termination of your account or access to the Services.

Upon termination of these Terms: (a) the rights and licenses granted to you herein shall terminate as to the terminated rights; (b) you shall cease all use of the Services that have been terminated; and (c) TBG may at its own discretion remove and/or purge data, and any other information obtained by us in connection with providing you the Services.

Disclaimer of Warranties

YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ALL COMPONENTS THEREOF ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TBG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the generality of the foregoing, we make no warranty that the Services or our Contents will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Contents.

Limitation of Liability

NEITHER TBG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, FINANCIAL MATTERS, HEALTH OR MEDICAL ISSUES, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TBG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TBG'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TBG, ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TBG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold TBG and its subsidiaries, affiliates, officers, members, owners, agents, representatives, employees, partners, and licensors harmless from any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of your use of the Services, user content, participation in any promotion or event, violation of the Terms, or violation of any rights of another person or entity.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that any dispute, controversy or claim between you and TBG arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services to you; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance will be governed by the arbitration procedure outlined below.

Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against TBG, you agree to try to resolve the dispute informally by contacting info@thebanahgroup.com. TBG will contact you by email as part of a good faith effort to resolve the dispute informally. If a dispute is not resolved within 30 days after submission, you or TBG may bring a formal proceeding.

Class Action Waiver. You may only resolve disputes with TBG on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

Governing Law and Venue. These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions, and venue shall be in the State of Texas for any disputes. Foreign laws do not apply. The United Nations Convention on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms.

Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Third-Party Links

The Services may include links to other websites or resources. TBG does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that TBG is not responsible for the availability of such external websites or resources.

Miscellaneous

Geographic Restrictions. TBG is owned and operated in the United States. We make no claims that the Services or their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Entire Agreement. Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between TBG and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TBG and you regarding the Services and our Contents.

Relationship of Parties. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. The parties' relationship as established by these Terms is solely that of independent contractors.

Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. TBG may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Waiver; Severability. TBG's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TBG. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Consent to Electronic Communications. By using our Services, you consent to (i) our communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us electronically; and (iii) entering into agreements and transactions using electronic records and signatures. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at info@thebanahgroup.com.

Notices. TBG reserves the right to update these Terms at any time and for any reason in its sole discretion. TBG will notify you of any material changes to the Terms or to any service or other features of the Services by email or by posting to particular pages of the Services.

Amendments. TBG reserves the right to amend these Terms of Use at any time by updating this posting. Your continued use of our Services following the posting of an updated Terms of Use constitutes your acceptance of such amendments. If the updated Terms are not acceptable to you, your choice is to discontinue all use of the Services. You are advised to periodically visit this page to determine the then-current Terms of Use.

Contact Us

The Banah Group, LLC
Southlake, Texas
info@thebanahgroup.com
(817) 767-3374