Terms of Service
These Terms of Service ("TOS") contain important information, please
read them carefully. Commerce also encourages you to review our
Privacy Policy.
The words "we", "us", "our" and "Commerce" refer to Commerce Bank,
N.A., its parents and subsidiaries, and any agent, independent contractor
or assignee Commerce may, in its sole discretion, involve in the
provision of the Site. The words "you" and "your" refers to visitors
and users of this Site. A reference to the term "Site" includes
any Commerce site or Commerce service associated with or which may
be accessed directly or indirectly in connection with the Commerce
Site or its related web sites.
By using the Site, you are entering into a legal agreement with
Commerce to abide by these TOS. If you do not wish to be bound by
the TOS, please exit the Site now. Your sole remedy for dissatisfaction
with the Site, or anything available on the Site, is to stop using
the Site or the particular services.
Certain services available in connection with the Site may contain
terms of service that are more restrictive than these TOS. Both
these TOS and terms of service specific to that certain service
apply to your use of this Site. In the event of a conflict between
these TOS and more restrictive terms of service, the more restrictive
terms of service shall control.
Commerce reserves the right to change the TOS or policies regarding
the use of the Site at any time and to notify you by posting an
updated version of the TOS on this Site. You are responsible for
regularly reviewing the TOS. Continued use of the Site after any
such changes shall constitute your consent to such changes.
Commerce may discontinue or make changes in the information, products
or services described herein at any time. Any dated information
is published as of its date only, and Commerce does not undertake
any obligation or responsibility to update or amend any such information.
Commerce reserves the right to terminate any or all web offerings
without prior notice to the user. Furthermore, by offering information,
products or services via this Site, no solicitation is made by Commerce
to any person to use such information, products or services in jurisdictions
where the provision of such information, products or services is
prohibited by law.
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Copyright Notices. The works of authorship contained in
this Site, including but not limited to all design, text, sound
recordings and images, are owned, except as otherwise expressly
stated, by Commerce, its parent, or one of its subsidiaries. Except
as otherwise expressly stated herein, they may not be copied, transmitted,
displayed, performed, distributed (for compensation or otherwise),
licensed, altered, framed, stored for subsequent use or otherwise
used in whole or in part in any manner without the prior written
consent of Commerce, except to the extent permitted by the Copyright
Act of 1976 (17 U.S.C. §107), as amended. However, you may download
or make one copy of the downloadable materials displayed on the
Site, provided that the same are not used for any commercial purpose,
distributed to third parties or offered for sale to third parties,
and further provided that all copyright and other notices contained
in the materials are left intact. Any modification of the materials
contained on the Site, or any portion thereof, or use of the materials
for any other purpose constitutes an infringement of copyrights
and other proprietary rights of Commerce. ask listen solve
and call click come by are trademarks
of Commerce Bancshares, Inc.
Commerce Bancshares, Inc. call center services are licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United State Patents: 5,561,707; 5,828,734; 5,684,863,; 5,815,551; 5,974,120; 5,917,893; 5,898,762; and others.
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Disclaimers/Limitation of Liability. Your use of any aspect
of the Site is at your own risk. Commerce does not represent or
warrant and will not be liable for (a) any error or omission of
Commerce, or any act or omission of any Third Party Site; (b) any
error, delay, interruption, operational problem, unavailability,
or failure in the Site, any Site component, or any directly or indirectly
related equipment, system, programming, or network (including the
Internet); (c) any breach of security involving the Site or your
account, unless Commerce specifically accepts liability elsewhere
on the Site; (d) any viruses or other code or component that may
affect your computer system or other property as a result of your
use of the Site; (e) or that the results of the use of the Site
or the materials made available as part of the Site will be correct,
accurate, timely, or otherwise reliable.
You specifically agree that Commerce shall not be responsible for
unauthorized access to or alteration of your transmissions or data,
any material or data sent or received or not sent or received, or
any transactions entered into through the Site, unless Commerce
specifically agrees elsewhere to be liable for the aforementioned
items.
COMMERCE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE FOR ANY PURPOSE.
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMMERCE
AND/OR THE RESPECTIVE THIRD PARTY SITES HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL COMMERCE BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION; DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITE OR RELATED WEB SITES; DAMAGES RELATING
TO THE DELAY OR INABILITY TO USE THE SITE OR RELATED WEB SITES;
DAMAGES RELATING TO THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE; OR
DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ITS
RELATED WEB SITES.
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Third Party Sites. The Site includes links to sites on the
Internet that are owned or operated by third parties ("Third Party
Sites"). When linking to a Third Party Site, you do so at your own
risk and should review and determine if you agree to such party's
rules of use before using such site. You also agree that Commerce
has no control over the content of that site and cannot assume any
responsibility for material created or published on Third Party
Sites. Commerce makes no warranties, either express or implied,
concerning the content of such Third Party Sites, including the
accuracy, completeness, reliability or suitability thereof for any
particular purpose, nor does Commerce warrant that such Third Party
Sites or content is free from any claims of copyright, trademark
or other infringement of the rights of third parties or that such
site or content is devoid of viruses or other contamination. Any
transaction you conduct using the Third Party Site or through the
Site are transactions entered into solely between you and the Third
Party Site to which you are linked. Commerce has no liability whatsoever
for activities associated with such transactions. In some instances,
Commerce may receive a referral fee in connection with the Third
Party Site. COMMERCE DOES NOT PROVIDE, ENDORSE OR GUARANTEE ANY
OF THE INFORMATION, RECOMMENDATIONS, PRODUCTS OR SERVICES OF ANY
THIRD PARTIES OR THIRD PARTY SITES, NOR DOES IT ACCEPT ANY LIABILITY
IN CONNECTION WITH THE SECURITY MEASURES EMPLOYED BY SUCH THIRD
PARTIES OR THIRD PARTY SITES.
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Indemnity. You agree to indemnify,
defend, and hold harmless Commerce, its parents, subsidiaries, affiliates
and the respective employees, directors, officers, and agents of
each, against any and all claims, demands, damages, or costs or
expenses (including reasonable attorneys' fees) that arise directly
or indirectly from your breach of these TOS or arising out of your
use or conduct on the Site.
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Internet Connection. You understand
and agree that use of or connection to the Internet is inherently
insecure and that connection to the Internet provides opportunity
for unauthorized access by a third party to your computer systems,
networks, and any and all information stored therein. You understand
that the technical processing and transmission of the Site, including
your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of
connecting networks or devices. All information transmitted and
received through the Internet is subject to unauthorized interception,
diversion, corruption, loss, access, and disclosure. Commerce shall
not be responsible for any adverse consequences whatsoever of your
connection to or use of the Internet, and shall not be responsible
for any use by you of an Internet connection in violation of any
law, rule, or regulation or any violation of the intellectual property
rights of another.
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Email. Email may not be secure, so
please do not use e-mail to send us communications which contain
confidential information such as Account Numbers, Social Security
Number, PIN and Passwords, or communications which require immediate
attention. If you have questions about your existing Commerce account,
please call us instead.
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Children. The Site is not targeted
to children (people under thirteen years of age), nor do we provide
services or sell products intended for use or purchase by children.
To the extent that any child-related services or products are available
on the Site, they are for use or purchase by adults.
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Jurisdiction. These TOS and the relationship
between you and Commerce shall be governed by the laws of the State
of Missouri without regard to its conflict of law provisions and
any applicable Federal laws or regulations. You and Commerce agree
to submit to the personal and exclusive jurisdiction of the courts
located within Jackson County, Missouri.
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General Terms. These TOS, as well
as any written and signed agreements which you may have with Commerce,
constitute the entire agreement between you and Commerce with respect
to the Site and governs your use of the Site. You also may be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The failure
of Commerce to exercise or enforce any right or provision of these
TOS shall not constitute a waiver of such right or provision. If
any provision of these TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of these TOS remain in
full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out
of or related to use of the Site or these TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in these TOS are for convenience only
and have no legal or contractual effect.
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