These Website Terms of Use and Privacy Notice (“Website Terms”) govern your access to and use of the Banter website located at www.banterb2b.com, together with any related webpages, forms, content, and functionality made available through that website (collectively, the “Site”).
For purposes of these Website Terms, “Banter,” “we,” “us,” and “our” mean Cred Development LLC, under its registered trademark Banter®. By accessing or using the Site, you agree to these Website Terms. If you do not agree, do not use the Site.
1. Purpose of the Site
The Site is provided for informational, marketing, and business-development purposes. The Site is intended to help visitors learn about Banter’s products and services, request information, request a demo, subscribe to communications, or otherwise contact Banter.
The Site does not itself provide production services to customers unless expressly stated.
2. Eligibility and Permitted Use
You may use the Site only for lawful business purposes and only in compliance with these Website Terms and applicable law.
You may not:
(a) use the Site in any manner that violates applicable law or regulation;
(b) interfere with or disrupt the Site, its infrastructure, or its security features;
(c) attempt to gain unauthorized access to the Site or any related systems or networks;
(d) use bots, scrapers, crawlers, or other automated means to access, monitor, copy, or extract content from the Site, except for standard search-engine indexing or as expressly authorized by us in writing;
(e) upload or transmit malicious code, malware, spyware, viruses, or other harmful materials;
(f) use the Site to send spam, deceptive communications, or unlawful content;
(g) reproduce, modify, distribute, display, publish, republish, license, create derivative works from, or exploit the Site or its content except for your internal business evaluation of Banter’s services.
3. Intellectual Property
The Site and all content, software, graphics, text, visual interfaces, branding, trademarks, service marks, logos, and other materials made available through the Site are owned by or licensed to Banter and are protected by intellectual property, unfair competition, and other applicable laws.
Subject to these Website Terms, Banter grants you a limited, revocable, nonexclusive, non-transferable right to access and use the Site for your internal business evaluation of Banter. No other rights are granted.
4. Information You Submit
If you submit information through the Site, including through a contact form, demo request, subscription form, or similar functionality, you represent and warrant that:
(a) the information is accurate and not misleading;
(b) you have the right to provide that information; and
(c) your submission does not violate applicable law or any third party’s rights.
Unless Banter expressly requests otherwise for a specific purpose, you should not submit confidential, highly sensitive, regulated, or special-category personal data through the Site.
5. Marketing communications
If you choose to provide your contact information through the Site, Banter may use that information to contact you regarding your request, to provide information about Banter’s services, and, where permitted by applicable law, to send marketing or promotional communications.
You may opt out of marketing emails at any time by using the unsubscribe link included in such emails or by contacting us at support@banterb2b.com.
6. Third-Party Services and Links
The Site may contain links to third-party websites, scheduling tools, CRM tools, analytics providers, social-media platforms, or other third-party services. Banter does not control and is not responsible for any third-party services, content, policies, or practices.
Your use of third-party services is governed by the applicable third party’s own terms and policies.
7. Site Availability and Changes
Banter may modify, suspend, or discontinue all or any portion of the Site at any time, with or without notice. We do not guarantee that the Site will be available, uninterrupted, secure, or error-free at all times.
8. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BANTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BANTER’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE WEBSITE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
10. Indemnity
You agree to defend, indemnify, and hold harmless Banter and its affiliates, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Website Terms or your misuse of the Site.
11. Governing Law
These Website Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent superseded by applicable privacy or consumer protection laws.
Any dispute arising out of or relating to these Website Terms or the Site shall be brought exclusively in the state or federal courts located in New York, New York, and each party consents to the jurisdiction and venue of those courts.
12. Changes to These Website Terms
Banter may revise these Website Terms from time to time. If we do, we will post the updated version on the Site and update the “Last Updated” date above. Your continued use of the Site after the effective date of any revised Website Terms constitutes your acceptance of the revised Website Terms.
13. Contact
Questions regarding these Website Terms may be sent to:
Banter / Cred Development LLC
attn: CredSpark, 500 7th Avenue, 8th Floor, New York, NY 10018
