TERMS OF USE
FOR THE WEBSITE OF CARRE
TEK, LLC 


COPYRIGHT 2006 BY CARRETEK, LLC. ALL RIGHTS RESERVED.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF. YOU SHOULD CHECK THIS SECTION FROM TIME TO TIME AS WE MAY REVISE THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS.

Copyrights and Other Intellectual Property Rights

Unless otherwise expressly noted, Carretek, LLC (Carretek) owns the copyright in the pages and in the screens displaying the pages and in the information, names, images, pictures, recordings, logos, icons, products, programs, documents and materials (collectively “Information”) therein and in their arrangement. Unless otherwise specifically provided on a web page, Carretek authorizes you to copy, view, print and distribute Information published by Carretek or its affiliates on this website subject to the following conditions: (1) you use such Information for informational and non-commercial purposes solely for use and distribution within your organization; (2) you may not charge a fee to distribute the information; and (3) you must include on all such copies any and all legends, copyright, proprietary or other notices that appear herein or if no such legends or notices appear on such information, then the following copyright notice must appear on all such copies: “Copyright © (current year) Carreker Corporation. All rights reserved.” Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Information, and the Information may not otherwise be reproduced, displayed, downloaded, licensed, modified, re-posted, retransmitted, disseminated, sold, distributed, published, broadcast, circulated, used to create a derivative work or otherwise used for commercial purposes without the express written consent of Carretek.

Trademark Notices

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and common law Trademarks of Carretek and others. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Carretek or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that Carretek will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Web Content and Materials

The Information contained in this website and the terms and conditions of the access to and use of such Information are subject to change without notice. Carretek may also make improvements and/or changes in the Information at any time without notice. Any dated information is published as of its date only, and Carretek does not undertake any obligation or responsibility to update or amend any such information. By offering Information, no solicitation is made by Carretek to any person to use such Information in jurisdictions where the provision of such Information is prohibited by law. Your eligibility for particular products and services is subject to final Carretek determination and acceptance.

Restricted Rights Legend

Any software that is downloaded from this site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Carretek Corporation, 4055 Valley View Lane, Suite 1000, Dallas, Texas 75244.

Links to Other Websites

As a convenience, Carretek may provide links to non-Carretek websites solely to direct you to information on topics that may be useful to you. Carretek has no control over the content on such non-Carretek websites, and Carretek is not responsible for the content of such linked websites or any link contained in a linked site or any changes or updates to such sites. Links to non-Carretek websites do not imply Carretek’s endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites. Carretek disclaims responsibility for the privacy policies and customer information practices of such third party websites linked to our websites. Your use of linked websites is at your own risk.

Warranty Disclaimer/Limitation of Liability

Although Carretek attempts to provide accurate and up-to-date Information on its website, it makes no representation or warranty that such Information is accurate and up-to-date. CARRETEK IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. ALL SUCH INFORMATION IS PROVIDED TO YOU "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR FITNESS FOR PARTICULAR OR ORDINARY PURPOSES OR AS TO THE PERFORMANCE, FUNCTION OR DOCUMENTATION OF THE INFORMATION. THE INFORMATION IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHERMORE, CARRETEK WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR ON ANY OTHER HYPERLINKED WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER WEBSITE ACCESSING PROGRAM. CARRETEK WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CARRETEK'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN CARRETEK AND YOU, CARRETEK WILL HAVE NO LIABILITY OF ANY TYPE (TORT, CONTRACT OR OTHERWISE) IN CONNECTION WITH THE USE OF THIS WEBSITE OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. CARRETEK WILL UNDER NO CIRCUMSTANCES BE LIABLE, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOST PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF CARRETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Forward Looking Statements

Certain statements contained on this Site may constitute “forward-looking statements” within the meaning of the federal securities laws. The words "estimate," "project," "intend," "expect," "believe," "plan" and similar expressions are intended to identify forward-looking statements. Our actual results could differ materially from those currently anticipated due to a number of factors, including, but not limited to, changes in the banking industry’s demand for our solutions, significant customer concentration and the potential loss of a significant customer, variations in operating results, reduction in revenues due to pricing arrangements, the infrequent use of long-term contracts with customers, the focus of our technology and consulting solutions and the chance that they will not be accepted in the marketplace, risks associated with rapid growth in our business, the inability to attract and retain key personnel, existence of defects or errors in our software, ability to develop new technologies and services, ability to meet the changing needs of customers, dependence on third-party Internet providers and the Internet, intense competition, risks associated with strategic alliances and acquisitions, inability to protect our proprietary rights, infringement and other claims and related expenses, reliance on third-party licenses, volatility in our stock price, exposure to risks associated with our indebtedness, international operations, reliance on independent contractors, adoption of Financial Accounting Standard No. 142, governmental regulation and legal uncertainties and anti-takeover provisions in our charter documents and under applicable law. These and other factors are set forth in our annual report on Form 10-K and in other reports and documents filed with the Securities and Exchange Commission from time to time.

Submissions

Except as otherwise provided in our Privacy Policy, feedback, comments, information, materials or other communication (“Communications”) provided by you to Carretek will be deemed NOT to be confidential. By sending Carretek any Communications, you grant Carretek an unrestricted, paid up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Communications, and you also agree that Carretek is free to use on an unrestricted basis without accounting to you any such Communications and the ideas, concepts, know-how or techniques that you provide.

Affiliates

This website’s “Terms of Use” shall inure to the benefit of the affiliates of Carretek

Any feedback, comments, information, materials or other communication (“Communications”) provided by you to Carretek will be deemed NOT to be confidential. By sending Carretek any Communications, you grant Carretek an unrestricted, paid up, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Communications, and you also agree that Carretek is free to use on an unrestricted basis without accounting to you any such Communications and the ideas, concepts, know-how or techniques that you provide.
 Corporation.

Governing Law

Access to and use of this Carretek website, and the terms of use including the warranty disclaimer and limitation of liability are governed by the internal, substantive laws of the State of Texas (other than the Uniform Computer Information Transactions Act, UCITA, as may be adopted in Texas), but without regard to conflicts of law principles thereof. UCITA and the United Nations’ Convention on International Sale of Goods shall not apply to access and use of this website.

All rights not expressly granted herein are reserved.