If you do not agree to these terms, DO NOT USE THE ING BANK WEB SITE.

Except as otherwise agreed to by ING Bank of Canada, the following terms and conditions shall govern your use of the ING Bank Web Site.

Your use of the ING Bank Web Site may not be available or permitted in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. The ING Bank Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of the ING Bank Web Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You represent, agree and confirm, that your use of the ING Bank Web Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the ING Bank Web Site due to any restriction, including any age restriction.

Entry at your own risk
By entering the ING Bank Web Site you acknowledge and agree that your use is at your own risk and that the ING Bank Web Site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering the ING Bank Web Site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other liabilities, risk, losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of the ING Bank Web Site or in connection with any content, information, data, promotions, activities, associated with the ING Bank Web Site, or in connection with your downloading of any materials, text, data, images, video or audio from the ING Bank Web Site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

No warranty on contents, information and materials
Although the specifications, features, illustrations, equipment and other information contained in the ING Bank Web Site are based upon reasonably current information, and while ING Bank makes reasonable efforts to ensure that the material on the ING Bank Web Site is correct, accuracy cannot be guaranteed and ING Bank makes no warranties or representations as to its accuracy. All contents, information and materials contained in the ING Bank Web Site are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantibility, fitness for a particular purpose, title and non-infringement.

ING Bank relies upon others to provide the information that is included in the ING Bank Web Site without any direct or independent authentication, verification, assessment, and validation by ING Bank whatsoever. All users of the ING Bank Web Site shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on the ING Bank Web Site. The information included in the ING Bank Web Site does not constitute, and shall not be considered, the advice, recommendation, or endorsement of ING Bank.

THE INFORMATION AND CONTENTS OF THE ING BANK WEB SITE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END-USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, ING BANK MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTIES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THE ING BANK WEB SITE.

Copyrights belong to ING Bank
ING Bank is the registered copyright owner of the ING Bank Web Site and no portion of the ING Bank Web Site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without ING Bank's prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on the ING Bank Web Site for your personal, non-commercial home use only, provided you do not delete obstruct, or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on the ING Bank Web Site in any other manner whatsoever and for any other purpose violates ING Bank's legal rights.

The ING Bank name, logos, trademarks belong to ING Bank of Canada
By entering the ING Bank Web Site you acknowledge and agree that any name, logo, trademark or servicemark contained on the ING Bank Web Site is owned or licensed by ING Bank and may not be used by you without prior written approval. ING Bank will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of ING Bank may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

No confidentiality, use of information
The Internet is not a secure medium, and neither the privacy of your communications, nor visits to the ING Bank Web Site, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption unauthorized access, interception and delays. The ING Bank Web Site may include incomplete information, inaccuracies or typographical errors. ING Bank, and any other persons involved in the management of the ING Bank Web Site, may make changes in the information and content included in the ING Bank Web Site at any time without notice. ING Bank shall not be responsible for any detrimental reliance you may place on the ING Bank Web Site or its contents. Use of the ING Bank Web Site is on an "as is" basis and is strictly entirely at your own risk. By entering the ING Bank Web Site you acknowledge and agree that any communication or material you transmit to the ING Bank Web Site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to the ING Bank Web Site may be used by ING Bank anywhere, anytime and for any reason whatsoever.

Unlawful behaviour
Do not use the ING Bank Web Site to communicate to others, to post on the ING Bank Web Site, or otherwise transmit to the ING Bank Web Site, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that ING Bank or other parties are involved in creating, producing or delivering the ING Bank Web Site, shall have the right to monitor or review all communications, materials, transmissions, postings, discussions, chats, ING Bank and all parties involved in creating, producing or delivering the ING Bank Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.

If the ING Bank Web Site contains bulletin boards or any other message or communication facilities whatsoever (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:

• commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
• infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• delete any author attributions, trade-marks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
• falsify the origin or source of software, information or other material contained in a file that is uploaded;
• advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and,
• download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge and agree that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by ING Bank, and such communications shall not be considered reviewed, screened, or approved by ING Bank. ING Bank reserves the right for any reason to remove at any time without notice any contents of the Forums received from users, including without limitation bulletin board postings. ING Bank reserves the right to deny, in its sole and absolute discretion, any user access to the ING Bank Web Site or any portion thereof without notice.

Hyperlinks
Although the ING Bank Web Site may be linked to other sites, ING Bank is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering the ING Bank Web Site you acknowledge and agree that ING Bank has not reviewed all sites linked to the ING Bank Web Site and is not responsible for the content of any off-site pages or any other site linked to the ING Bank Web Site. Your linking to any other off-site pages or other sites is at your own discretion and risk.

Applicable law
By entering the ING Bank Web Site you acknowledge and agree that the ING Bank Web Site will be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of the ING Bank Web Site and all of the communications, transmissions and transactions associated with the ING Bank Web Site shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the ING Bank Web Site. If you use the ING Bank Web Site from another jurisdiction, you are responsible for compliance with any and all applicable local laws. ING Bank makes no representation that the materials contained within the ING Bank Web Site are appropriate for customers outside of the Province of Ontario, Canada.

Language
English shall be the language of the ING Bank Web Site, and all transactions occurring in connection with the ING Bank Web Site, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volonté express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

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