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M&T BANK SCREEN SHARE TERMS AND CONDITIONS
BY CLICKING “I ACCEPT THESE TERMS” OR OTHERWISE ACCESSING OR USING THE SCREEN SHARE FEATURE , YOU ARE PROVIDING YOUR ELECTRONIC SIGNATURE, ACCEPTING THESE M&T BANK SCREEN SHARE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”), AND ARE THEREBY AUTHORIZING M&T BANK (“M&T BANK”, “WE”, “US” OR “OUR”) AND OUR TELEPHONE SERVICE REPRESENTATIVE (“TSR”), DURING YOUR TELEPHONE SESSION WITH SUCH REPRESENTATIVE, TO ALSO VIEW AND ACCESS YOUR COMPUTER, YOUR INTERNET SESSION AND/OR YOUR QUICKEN OR QUICKBOOKS SESSION , INCLUDING THAT WHICH IS DISPLAYED ON YOUR COMPUTER DURING A SESSION, USING THIRD-PARTY SOFTWARE AND SERVICES (COLLECTIVELY, THE “SCREEN SHARE FEATURE”), AND YOU ARE AGREEING TO BE SUBJECT TO THESE TERMS AND CONDITIONS, EFFECTIVE AS OF THE DATE YOU ACCESS THE SCREEN SHARE FEATURE AND/OR AGREE HERETO. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SCREEN SHARE FEATURE AND YOU MUST IMMEDIATELY CLOSE THIS WINDOW AND THE BROWSER WINDOW CONTAINING THESE TERMS AND CONDITIONS.
YOU SHOULD CAREFULLY REVIEW THESE TERMS AND CONDITIONS PRIOR TO USING THE SCREEN SHARE FEATURE.
IF YOU ACCEPT THESE TERMS AND CONDITIONS AFTER YOU CLICK ON “I ACCEPT THESE TERMS”, THE TSR WILL PROVIDE YOU WITH A 6-DIGIT CODE, WHICH YOU WILL NEED TO ENTER ON YOUR COMPUTER SCREEN. AFTER ENTERING THE 6-DIGIT CODE AND CLICKING ON THE “CONNECT” BUTTON, YOU WILL THEN BE CONNECTED TO YOUR SCREEN SHARE FEATURE SESSION.
YOU MAY END EACH CURRENT USE OF THE SCREEN SHARE FEATURE AT ANY TIME BY A) CLICKING THE RED X (“REVOKE ALL PERMISSIONS”) IN THE DIALOG BOX THAT APPEARS ON YOUR COMPUTER SCREEN, B) CLOSING THE SESSION DIALOG BOX BY CLICKING THE WHITE X IN THE UPPER RIGHT HAND CORNER OF THE DIALOG BOX OR C) TURNING OFF YOUR COMPUTER. MERELY CLOSING YOUR INTERNET BROWSING SESSION AND/OR YOUR QUICKEN OR QUICKBOOKS SESSION, WITHOUT CLOSING THE SCREEN SHARE SESSION USING ONE OF THE METHODS DESCRIBED IN A) THROUGH C), ABOVE, MAY NOT ACTUALLY CLOSE YOUR CURRENT SCREEN SHARE FEATURE SESSION.
Table of Contents
Functionality of the Screen Share Feature.
Authority and Capacity to Use the Screen Share Feature.
Your Use of the Screen Share Feature.
Third Party Software, Hardware and Services.
Changes to the Screen Share Feature/Violation of Terms and Conditions.
Unauthorized Access/Use and Fraud Investigations.
Disclaimers of Warranty.
Limitation of Liability.
Alternative Dispute Resolution.
Changes to Terms and Conditions.
General Provisions and System Requirements
1. Functionality of the Screen Share Feature.
Through the Screen Share Feature, M&T Bank and its TSRs are able to access and view your active Internet session, including your mtb.com account into which you have logged, and/or your active Quicken or QuickBooks session, during your telephone session with a TSR. This access will facilitate the TSR in providing you with real-time assistance to respond to and/or address your customer service inquiry. You acknowledge that the Screen Share Feature is provided to you by M&T Bank, its affiliated companies, its vendors, or a combination of these entities. You further acknowledge that the TSRs will have limited access through the Screen Share Feature to view and access your active Internet session, your mtb.com account session and/or your Quicken or QuickBooks session,
as well as any other information, images, documents, applications or Web pages on display or otherwise accessible on your computer during your use of the Screen Share Feature. You may end each current use of the Screen Share Feature at any time by A) clicking the red “X” (“Remove All Permissions”) in the dialog box that appears on your computer screen, B) closing the session dialog box by clicking the white “X” in the upper right hand corner of the dialog box or C) turning off your computer.
Merely closing your Internet browsing session and/or your Quicken or QuickBooks session, without closing the Screen Share session using one of the methods described in A) through C), above, may not actually close your current Screen Share Feature session. A TSR may terminate your use of the Screen Share Feature at any time.
You understand that M&T Bank provides the Screen Share Feature pursuant to a contractual relationship with an entity by the name of Logmein, Inc. (“LMI”). You understand that you, and neither M&T Bank nor LMI, are and remain responsible for the content of the computer through which you access the Screen Share Feature. You agree that, in using such computer (including for the purpose of accessing and using the Screen Share Feature), you will comply with A) all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations and the terms of these Terms and Conditions and B) as applicable, the rules of any party who owns the computer through which you are using the Screen Share Feature and, further, you agree that you will not: (V) by using the Screen Share Feature, violate any agreement with, or any duty or obligation to, any third-party (for example, your employer to the extent you are using your employer’s equipment and services and such use is prohibited or restricted), (W) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, Trojan horse, worm or other harmful or destructive component; (X) use the Screen Share Feature for any illegal purposes; (Y) use the Screen Share Feature in any manner that infringes a third party’s (including, without limitation, LMI’s) copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (Z) use the Screen Share Feature to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. Furthermore, you will not use the Screen Share Feature to gain unauthorized access to other computer systems or intentionally interfere with another user’s use and enjoyment of the Screen Share Feature. You further agree that you are, and will remain, responsible for all actions and inactions of all third-parties to whom you grant access to the Screen Share Feature or your computer, including employees and consultants, if any, and will use commercially reasonable efforts to monitor such employees and consultants.
You acknowledge that certain components and aspects of the Screen Share Feature are proprietary to LMI or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You agree that you are only permitted to use the Screen Share Feature as expressly authorized, including by these Screen Share Terms and Conditions. Further, you agree that you may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Screen Share Feature to a human-readable form. You may not create or distribute derivative works based on the Screen Share Feature without expressly being authorized to do so by LMI. Further, you may not rent, lease, grant a security interest in or otherwise transfer rights to the Screen Share Feature or to any of its features or components.
You also acknowledge that all title, ownership rights, and intellectual property rights in certain components and features of the Screen Share Feature shall remain with LMI or its suppliers, as applicable. Such components and features of the Screen Share Feature are protected by copyright and other intellectual property laws and international treaties. “Logmein”, associated logos, and other names, logos, icons and marks identifying LMI’s products and services are trademarks or service marks of LMI (collectively, the “LMI Trademarks”). “M&T Bank”, associated logos, and other names, logos, icons and marks identifying M&T Bank’s products and services are trademarks or service marks of M&T Bank (collectively, the “M&T Trademarks”; collectively with LMI Trademarks, the “Trademarks”). Trademarks may not be used without the prior written permission of their respective owner. All other product names mentioned or used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark with the permission of the owner or such third party that may own the Trademarks. Use by you of the Trademarks, except as provided herein, is strictly prohibited.
2. Authority and Capacity to Use The Screen Share Feature.
You represent, warrant and covenant that you:
(i) are at least 18 years old and have every right to contract in your own name;
(ii) are a customer of M&T Bank and, further, that you are an Online Banking or Online Banking for Business customer in good standing;
(iii) are a legal resident of, and have a valid residential and mailing address, in the United States; and
(iv) have the power, authority and capacity to agree to these Terms and Conditions, use the equipment and service you are using the access the Screen Share Feature, and have a secure Internet access medium that you are authorized to use.
By using the Screen Share Feature, you acknowledge that you meet all of the foregoing criteria, and agree that any action taken by your using the Screen Share Feature will be considered an action taken on your own behalf or, to the extent you are accessing or using the Screen Share Feature for or on behalf of a business, you represent, warrant and covenant that you have the power, authority and capacity to act on behalf of the business and that your actions are and shall be deemed to be authorized actions on behalf of the business.
3. Your Use of the Screen Share Feature.
You agree that any data or other information you provide to M&T Bank during or through your use of the Screen Share Feature will be factual, accurate, complete, and updated at the time you provide it and that you will update such information and data to keep it factual, accurate, complete, and updated. You agree that you have the authority to provide such data or information to M&T Bank. You also agree that M&T Bank, or its vendors or its affiliates, may retain such information and data submitted or otherwise made available via the Screen Share Feature. M&T Bank is under no duty or obligation to validate any such data or information, whether it be before, during or after any Screen Share Feature session.
4. Additional Terms.
5. Third Party Software, Hardware and Services.
You (and not M&T Bank) are liable for all of your, and any third-party, software, hardware and services used in connection with the Screen Share Feature (including, without limitation, any personal computer(s) or any operating system installed thereon). You and the aforementioned third-party provider are solely responsible for any third-party software, hardware or services, whether required or optional, that you use in conjunction with the Screen Share Feature and your use of such third-party software, hardware or services is subject to the terms, conditions, warranties and disclaimers provided by such third party, and not these Terms and Conditions.
6. Changes to the Screen Share Feature/Violation of Terms and Conditions.
You agree that the form, nature, features, and functionality of the Screen Share Feature may change from time to time, on both a continuous and intermittent basis, without prior notice to you. We, either in conjunction with LMI or otherwise, may update, suspend, or discontinue the Screen Share Feature at any time in our sole discretion. To the extent that the Screen Share Feature or any of its features or components are updated, modified, or eliminated as contemplated herein, neither we nor LMI are obligated to inform you of such updates, modifications, or eliminations. To the extent that any components or features of the Screen Share Feature are updated or modified, the use of the Screen Share Feature, as so updated or modified, will remain subject to these Terms and Conditions. If we have reason to believe you have violated these Terms and Conditions or any applicable law, you may be denied access to the Screen Share Feature or other M&T Bank services or products, or your access to the Screen Share Feature or other M&T Bank services or products may be suspended or terminated, without notice, and/or we may, at our option, seek other remedies against you.
7. Unauthorized Access/Use and Fraud Investigations.
To the extent your use of the Screen Share Feature requires a username, password, PIN Code (including, without limitation, the aforementioned 6-digit Code) or other account information or credentials for access, you are solely responsible for all activity occurring pursuant to the use of those credentials and are prohibited from sharing or disclosing them. Therefore, you are solely responsible for safeguarding such credentials at all times. You should log out of your account at the end of each usage session. You may not impersonate others and you may not allow others to impersonate you or others, or otherwise use your credentials to gain access to the Screen Share Feature and/or your account. You must promptly notify us of any unauthorized use of the Screen Share Feature, your information, or credentials or any other breach of security you become aware of involving or relating to your accounts with M&T Bank, this Screen Share Feature, or other services provided by M&T Bank.
We have the right to interrupt or restrict use or access to the Screen Share Feature, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
8. Disclaimers of Warranty.
THE SCREEN SHARE FEATURE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. M&T BANK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS. M&T BANK FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, SUITABILITY, TIMELINESS, AND PERFORMANCE OF THE SCREEN SHARE FEATURE OR OTHER SOFTWARE OR SERVICES PROVIDED BY M&T BANK. M&T BANK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SCREEN SHARE FEATURE.
YOU UNDERSTAND AND AGREE THAT YOU USE THE SCREEN SHARE FEATURE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES TO YOUR COMPUTER SYSTEM OR DATA, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE SCREEN SHARE FEATURE.
M&T BANK IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CAPABILITY, OR CONTENT OF THE SCREEN SHARE FEATURE, OR ANY THIRD PARTY SITE OR CONTENT ACCESSED IN CONJUNCTION WITH THE SCREEN SHARE FEATURE. THE SCREEN SHARE FEATURE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND M&T BANK SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU OR ONLY APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL M&T BANK, NOR ITS AFFILIATES, AGENTS, EMPLOYEES, OR VENDORS, BE LIABLE TO YOU ON ACCOUNT OF OUR PROVISION, OR YOUR USE, OF THE SCREEN SHARE FEATURE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, (EVEN IF M&T BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER M&T BANK, NOR ITS AFFILIATES, AGENTS, EMPLOYEES, OR VENDORS ARE RESPONSIBLE FOR THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTIVITY PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER OR YOUR ACCESS IS INTERRUPTED), UNAUTHORIZED ACCESS, THEFT (INCLUDING, WITHOUT LIMITATION, THEFT OR OTHER LOSS OF COMPUTERIZED OR OTHER DATA AND/OR OTHER FORMS OF IDENTITY THEFT), OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, FORCE MAJEURE, OR ANY ISSUES OUTSIDE OF M&T BANK’S DIRECT CONTROL. FURTHERMORE, THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OF THE SCREEN SHARE FEATURE, INABILITY TO USE THE SCREEN SHARE FEATURE, OR THE INTERRUPTION, SUSPENSION, OR DISCONTINUATION OF THE SCREEN SHARE FEATURE (INCLUDING WITHOUT LIMITATION SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF M&T BANK AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES AND VENDORS UNDER OR IN RELATION TO THESE TERMS AND CONDITIONS TO YOU EXCEED ONE HUNDRED ($100.00).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU OR ONLY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Alternative Dispute Resolution.
Your Right to Reject: You may reject this Alternative Dispute Resolution (“ADR”) provision and any prior ADR provision between you and us that you have not had a prior chance to reject (“Prior ADR Agreement”) by mailing us, within 30 days after the date of these Terms and Conditions, a signed rejection notice which gives your name(s) and address(es) and states that you reject arbitration. The rejection notice must be sent to us at M&T Bank, Regulatory Support, PO Box 1468, Buffalo, NY 14240-1468 (attn. Arbitration Rejection).
Covered Claims: “Claim” means any claim, dispute or controversy whatsoever between you and us that in any way arises from or relates to these Terms and Conditions. However, “Claim” does not include any dispute about the validity, effect or enforceability of Section 10(E), below (the “Class Action Waiver”) or any dispute concerning the last sentence of Section 10(E) any such dispute shall be resolved by a court and not by an arbitrator or Administrator.
Starting An Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. The party starting an arbitration must select as “Administrator” either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org., or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10030, www.jamsadr.org. However, any other company may be selected by mutual agreement of the parties or, if AAA and JAMS cannot serve, a court. Notwithstanding the foregoing, no arbitration may be administered by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver.
Court and Jury Trials Prohibited: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM.
Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION; (2) YOU MAY NOT ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if you request or if we must bear such fees in order for this ADR Provision to be enforced. If you demand arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail, if we must bear such fees in order for this ADR Provision to be enforced or if applicable law requires us to.
Governing Law: This ADR Provision involves interstate commerce and is governed by the Federal Arbitration Act (the “FAA”), and not by any state arbitration law, provided that New York law shall apply to the extent relevant to determine the validity of this ADR Provision under the FAA. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.
Arbitration Result: Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA.
Rules of Interpretation: This ADR Provision shall survive the repayment of all amounts owed under these Terms and Conditions, the termination of your use of the Screen Share Feature, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. This ADR Provision replaces any Prior ADR Agreement and governs over any inconsistent provision in the applicable arbitration rules or other Sections of these Terms and Conditions.
Severability: If any portion of this ADR Provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. However, if a determination is made that the Class Action Waiver is unenforceable, only this sentence of the ADR Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal.
Notice and Cure; Special Payment: Prior to initiating a lawsuit or arbitration regarding any Claim, the party asserting the Claim (the “Claimant”) shall give the other party (the “Defending Party”) written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim on an individual basis. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. The Claimant must reasonably cooperate in providing any information about the Claim that the Defending Party reasonably requests. Any Claim Notice to us shall be sent by mail to us at: M&T Bank, P.O. Box 4627, Buffalo, N.Y. 14240-4627 (or any updated address we subsequently provide you), attention Claim Notice. Any Claim Notice must include your name and address. If (1) you submit a Claim Notice in accordance with this Section on your own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100, will double the attorneys’ fees to which you would otherwise be entitled and will require us to pay any other fees and costs to which you are entitled.
11. Changes to Terms and Conditions.
M&T Bank reserves the right to revise these Terms and Conditions at any time. You should carefully review these Terms and Conditions each time you use the Screen Share Feature. If you do not agree with the current or modified terms, however, you must immediately cease using the Screen Share Feature. Your use of the Screen Share Feature after changes have been made to these Terms and Conditions constitutes your agreement to be bound by the provisions of these Terms and Conditions, as modified.
12. General Provisions and System Requirements.
Your use of the Screen Share Feature is subject to all applicable international, federal, state, and local laws and regulations. These Terms and Conditions and your use of the Screen Share Feature shall be governed by and construed in accordance with the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. M&T Bank reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, such provision or portion shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision or portion, and the remainder of these Terms and Conditions will continue in full force and effect. Section headings are for reference only and shall not be used in the interpretation of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between you and M&T Bank with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by M&T Bank. Sections 7, 8, 9 and 10 will survive any termination or expiration of these Terms and Conditions.
In order to access and utilize the Screen Share Feature, you must have legal access to a personal computer that has legal Internet access by way of an authorized web browser.