1. By using the Site and/or the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, please do not access or otherwise use the Site or our Services. Your acceptance of this Agreement also means that you accept our Privacy Policy. The date on which you first accept this Agreement is the “Effective Date.”
2. We reserve the right to change this Agreement from time to time with or without notice to you. If you have an account or subscribe with us, we will notify you about any modifications to this Agreement by sending a notice to the primary email address specified in your account, by placing a prominent notice on the Site, and/or by updating this Agreement as posted on the Site. Your continued use of this Site and/or our Services after such modifications will constitute your acknowledgement and acceptance of the modified Agreement. “Affiliates” means any natural person or legal entity that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, a party, including, in the case of BNK, our owners. “Control” means the indirect or direct possession of the power to direct or cause the direction of the management and policies of a natural person or legal entity, whether through the ownership of voting securities, by contract or otherwise.

1. General. The brokerages, banks, accounts, products and services discussed or recommended in the Content may not be suitable for all consumers. Opinion expressed is the current opinion as of the date appearing on the material only and may thereafter become outdated. Further, the Content has been prepared on the basis of publicly available information; internal data and other sources believed to be true and are for general guidance only, but which may have not been verified independently. While effort is made to ensure the accuracy and completeness of the Content, the same is not assured. You should rely on your own judgments and conclusions from relevant sources before making any brokerage, banking, deposit or consumer decisions.
2. Content is for Information Purposes Only. The data and opinions in the Content is provided for information purpose only. It does not constitute any, recommendation or solicitation to any person to enter into any transaction, account, service, activity or strategy, nor does it constitute any prediction of a likely future outcome. Users of the Content should seek advice regarding the appropriateness of transactions, accounts, services, deposits and brokerage and banking activities referred to in the Content and should understand that statements regarding future prospects may not be realized. Opinion, projections and estimates are subject to change without notice.
3. Reliance. You must not rely on the Content as customized banking, investment, deposit, consumer, legal, financial, tax, accounting or other advice from an appropriately qualified professional that you may engage for that purpose to satisfy your particular needs and objectives. If you have any specific questions about your customized brokerage, banking, investment, deposit, consumer, legal, financial, tax, accounting or other matter, you should consult an appropriately qualified professional. You acknowledge that any reliance upon any portion of the Content or the Services is at your sole risk. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Content, or to deny access to the Services to anyone acting in violation of our policies.
4. Brokerage Risks. In contrast to the banks, US brokerages disclose much less information and, overall, they are less regulated by the government bodies. Some very large brokerages, such as Fidelity and Vanguard, do not disclose almost any data at all, while data from subsidiaries of banks, such as Bank of America Global Wealth & Investment Management and Morgan Stanley Wealth Management, are rather hard to obtain. There are only some numbers in the banks’ 10-K and 10-Q fillings. Another thing worth mentioning is that the brokerages do not disclose data on banks they are working with. This is actually a crucial point given that if a bank that is being used for sweeping money overnight has a liquidity issue itself, this can result in contagion and lead to liquidity issues at a broker. We believe the biggest risk the brokerages face is a liquidity risk. In our view, there are two types of liquidity risks for a brokerage company. First, as mentioned, if a bank that is being used for sweeping money overnight has a liquidity issue itself, it can result in contagion and lead to liquidity issues at a broker. The problem here is that brokerages do not disclose data on banks they are working with; as a result, it is impossible to make a proper assessment of this type of liquidity risk based on the publicly available information. The second type of liquidity risk generally tends to arise from a fragile business model, unsustainable revenues, weak profitability and problems with a capital position. Our methodology and ranking system focus on an assessment of this type of liquidity risk.
5. Conflicts of Interest. We and our affiliates and personnel do not receive any compensation or consideration of any value from the financial institutions based upon our analysis and reports. However, we and our personnel may have shareholder, depositor or other customer relationships with such institutions.
6. Use. The Content is not for public distribution and has been furnished solely for information and must not be reproduced or redistributed to others. You agree to use the reports only in a noncommercial manner. You specifically agree not to post, transmit or otherwise distribute information from the reports in connection with any business, advertising or solicitation for goods or services.
7. Ownership. You acknowledge and agree that all Content is owned by us, our affiliates, and/or licensors, as applicable, and is protected by intellectual property laws. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available any of the Content or the Services except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the Content. You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Services.
8. No Personal Advice. Please understand that BNK is not a broker-dealer or investment advisor, does not owe a fiduciary duty to you, and is not providing customized recommendations or advice to you. By using our Services, you acknowledge and agree to the foregoing and that any actions or forbearance from taking action based on the Content and the Services is entirely at your own risk, for which BNK and its Affiliates shall have no liability. BNK is a publisher that is not familiar with your particular needs and circumstances. You understand that no Content published on this Site constitutes a recommendation that any particular financial institution, product, account or service is suitable for any specific person. You further understand that no one in the employ of BNK is advising you personally concerning the nature, potential, or suitability of any particular financial institution, product, account or service. To the extent any of the Content may be deemed to be advice or a recommendation, such information is impersonal and not tailored to the needs of any specific person. You understand that the Content contains the opinions of our contracted analysts and of our users. The analysts may differ from time to time in their opinions about the same financial institution, product or service.
9. No Guarantee. Although, BNK works hard to provide a high quality Site and “Services”, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or any of our Services.
10. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use on our Site. You agree that the Content, this Site and the Services are provided “AS IS,” as further stated in the “Disclaimer of Warranties” section below, and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings, or any other aspect of your use of the Site or the Services.

1. Definitions.
   1. “Subscription” means a purchased subscription license allowing you access to and use of the Services for the duration of the Subscription Term by means of a specific User ID and password.
   2. “Subscription Term” means the period of time during which a Subscription remains valid, as stated in the applicable Order Form.
   3. “Order Form” means the online order form you agree to and submit to BNK by which you place an order for a Subscription to the Services, and any agreed upon amendments thereto. Submission by you of an Order Form to BNK constitutes your agreement to its terms, which are subject to this Agreement.
   4. “Updates” means updates, corrections, modifications and/or functional enhancements to the Services.
2. License Grant. BNK makes access to our Services available online solely on a Subscription basis. BNK hereby grants to you, and you hereby accept, subject to the terms of this Agreement, including the payment terms set forth in Section 4, below, a non-exclusive, nontransferable license to access and use the Services as permitted by this Agreement for the duration of the Subscription Term(s) specified in the applicable Order Form.
3. Additional Subscriptions. You may purchase additional Subscriptions for additional users at any time at BNK’s then current pricing. Each Subscription shall terminate at the end of the applicable Subscription Term.
4. User ID and Password. Your user ID and password grants you login access to the Services through only one computer or device at a time. You shall notify BNK immediately of any unauthorized use of any user ID or password for your Subscriptions, or any other actual or suspected breach of security related to the Services or your Subscriptions of which you become aware. If you share your User ID and password with another person or entity, you must ensure that they agree to this Agreement and you shall be jointly and severally responsible with such other person or entity for the acts, omissions, breaches of this Agreement and/or violations of BNK’s rights by such person or entity as if they were your acts, omissions, breaches and/or violations, and for any resulting damages.

1. Fees. If you choose to purchase one or more of our Subscriptions provided on our Site, you agree to pay all fees associated with the Services. You are solely responsible, at your expense, for providing all equipment necessary to use the Services, including, but not limited to, all computer hardware, software, devices, and internet access necessary to receive and view the Services, and for payment of all fees and costs associated with such access.
2. Credit Card Charges. Any charges incurred by you for the Services will be billed to the credit card we have on file. Subscription charges will be billed in advance at the start of the billing period you select on the Order Form and considered paid through the end of your billing period, and are not subject to refund, regardless of when you cancel. You agree to provide us with accurate and complete billing information, including, but not limited to, credit card information, your name, address and telephone number and other standard credit card account verification information, and to provide us with any changes in such information within thirty (30) days of the change.
3. Overdue Amounts. If for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may, at our option, suspend or terminate performance or delivery of our Services and any Subscriptions, and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including, but not limited to, attorney fees and other legal expenses, plus interest on the unpaid balance at the rate of 1.5% per month.

1. Term. The term of this Agreement shall commence on the Effective Date and shall continue in force and effect until: (a) notice of non-renewal of a Subscription by either party in accordance with Section 5.2; or (b) termination in accordance with Section 5.3. Except as otherwise provided in any given Order Form, the Subscription Term shall commence on the start date indicated in the confirmation BNK sends to you after you submit the Order Form and, unless earlier terminated in accordance with Section 5.3, shall continue for the period specified therein.
2. Automatic Renewal. UNLESS AND UNTIL TERMINATED BY EITHER PARTY PURSUANT TO SECTION 5.3 OR EITHER PARTY PROVIDES WRITTEN NOTICE OF NON-RENEWAL TO THE OTHER PARTY PRIOR TO THE SCHEDULED END OF THE THEN-CURRENT SUBSCRIPTION TERM, THE SUBSCRIPTION TERM OF EACH ORDER FORM SHALL AUTOMATICALLY RENEW AND BE EXTENDED UPON ITS EXPIRATION (REGARDLESS OF WHETHER PREVIOUSLY RENEWED OR EXTENDED), FOR A PERIOD OF THE SAME DURATION AS THE SUBSCRIPTION TERM SPECIFIED ON SUCH ORDER FORM. THE SUBSCRIPTION PRICE APPLICABLE TO ANY RENEWED OR EXTENDED SUBSCRIPTION TERM SHALL BE THE SAME AS THAT OF THE IMMEDIATELY PRECEDING SUBSCRIPTION TERM UNLESS YOU CANCELED A DISCOUNTED SUBSCRIPTION AND ARE RETURNING AFTER 7 DAYS OR YOU CANCELED ANOTHER SUBSCRIPTION THAT WAS REQUIRED AS A CONDITION TO RECEIVING A DISCOUNTED SUBSCRIPTION.
3. Termination. This Agreement and the right to use the Services, and any and all Subscriptions hereunder, may be terminated as follows: BNK may cancel any Subscription for any reason at any time, and you may cancel any Subscription at any time upon notice to BNK through your online account, email or telephone; provided, however, that no refund shall be provided in the event of any termination or cancellation, whether of any Subscription or this Agreement. Further, in the event either party terminates some, but not all, Subscriptions under this Agreement, this Agreement shall remain in effect to govern any remaining Subscriptions.
4. Effects of Termination.
   1. Upon termination of this Agreement, all Services and Subscriptions and the related rights and licenses granted hereunder to you with regard to the foregoing shall terminate immediately. Upon termination of any Subscriptions where one or more Subscriptions remain in effect, the related rights and licenses granted hereunder to you with regard to the terminated Subscriptions shall terminate immediately, and this Agreement shall remain in effect to govern the remaining Subscriptions.
   2. Immediately upon termination of either this Agreement or any Subscription, you shall (a) cease all use of the Services associated with the Subscriptions which have been terminated (which, in the case of termination of this Agreement, means all Subscriptions); and (b) with regard to all terminated Subscriptions, return to BNK any Confidential Information of BNK in your possession, including Content, and all copies thereof, or destroy or delete all copies of the foregoing stored on any computer and storage media under your control. Termination of this Agreement shall not relieve you of any unmet payment obligations owed to BNK. BNK shall have no obligation to return any User Content.
5. Suspension of Access. BNK may immediately suspend or disable your access to and use of the Services (including, for the avoidance of doubt, all Subscriptions) if, as a result of your use thereof or breach of this Agreement, BNK reasonably believes: (a) BNK is likely to be subject or exposed to criminal or civil sanctions, prosecution or suit; or (b) such use or breach is likely to cause harm to BNK, any of its Affiliates or any of their respective other customers or their respective employees or interfere with the integrity, operations or security of the Services or BNK’s network or systems or those with which BNK is interconnected, or interfere with another customer’s use of any of the foregoing. BNK may also suspend or disable your access to and use of the Services if required in order to comply with a court order or government notice. In the exercise by BNK of its right to act immediately under this paragraph, BNK shall provide such advance notice as is reasonably practicable under the circumstances. If advance notice is not reasonably practicable, BNK shall provide subsequent notice promptly thereafter. You shall promptly cooperate with BNK in attempting to resolve the issue giving rise to any suspension or disablement of your access to and use of the Services. The foregoing shall be in addition to the termination rights of either party hereunder.

1. Login Required. In order to access the Services, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you represent, warrant and agree that all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
2. Passwords and Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and other account credentials, and that you are fully responsible for all activities, and all charges that are incurred, under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our staff will never ask you for your password.
3. Disclosure to Third-Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Information about you. The information we obtain through your use of this Site, including, but not limited to, your Registration Information, is subject to our Privacy Policy, to which you agree.

1. The purpose of BNK and its Services is to foster analysis of certain depositor services and accounts provided by various financial institutions. Your use of the Site and our Services is subject to all applicable laws and regulations, and you are solely responsible for any comments, posts, information or other materials you transmit to or post on the Site (“User Content”). Posts on the Site as well as messages sent directly to other users (“direct messages”) are not for commercial or promotional purposes. All Site messages, including direct messages, are archived, and may be reviewed to ensure adherence to our Site Conduct and User Posting Policy (“Use Policy”) and this Agreement. Any violation or breach of this Use Policy or this Agreement will constitute a material breach of this Agreement affording BNK the right to terminate this Agreement account and access to the Services immediately upon notice and without refund.
2. By posting information on the Site, you agree that you will not post comments, links, or other information in public and direct messages that are promotional or in any way insulting or incendiary. You agree to demonstrate appropriate respect for other users and the analysts in the Site. If you disagree with an opinion, feel free to challenge that opinion with a posting of your own. However, you must refrain from ever personally attacking the person making the post, and also refrain from doxing, trolling, heckling, which is repeated sarcasm towards a person and/or repeated attempts to embarrass or prove that person wrong. To ignore another user’s posts, please select “Ignore” when clicking on their name in the Site. If you have any concerns about comments made in the Site, or any feedback, please contact us at info@saferbankingresearch.com.
3. The following is an incomplete list of illegal and prohibited uses of our Services and constitute violations of our Use Policy. BNK may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, seeking civil, criminal and/or injunctive redress. BNK may report any suspected illegal activity to law enforcement authorities. You agree, in connection with your use of BNK’s Services, not to:
   1. Post any content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment you post;
   2. Express or imply that any statements you make are endorsed by us, without our prior written consent;
   3. Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, libelous, vulgar, obscene, is hateful, racially, religiously or ethnically offensive, or which promotes or advocates violence, or is otherwise tortious or objectionable;
   4. Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights;
   5. Impersonate any person, firm or entity, or falsely or deceptively state, imply or otherwise misrepresent your affiliation with or connection to any person, firm or entity;
   6. Post any content which, either by the act of posting or by the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or post any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization;
   7. Post any advertising, promotional materials, links to competing sites, so called “chain letters”, “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion;
   8. Offer to sell or buy any product or service or use the Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services, including distributing or soliciting off-site contact information, account handles or URLs in room posts or repeated direct messages.
   9. Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind, or which contain or promote content that would, if posted on this Site, constitute a violation of this Use Policy;
   10. Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security; or
   11. Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, and any rules of any securities exchange.

1. Ownership of User Content. As between you and BNK, you are the owner of your User Content, subject to the rights and consents granted and provided BNK in Section 9.2 below.
2. License to BNK.
   1. Subject to our Privacy Policy with regard to your Personal Information, as described therein, any material (e.g., information, communications, software, published works, photos, videos, graphics, music, sounds, or other material or data, regardless of form) that you post, upload or transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary User Content, to which you hereby grant to BNK (including to its respective Affiliates, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable and assignable, non-exclusive right and license to use, host, store, reproduce, communicate, transmit, publish, publicly display, publicly perform, modify, create derivative works of, distribute, your User Content, and to incorporate your User Content in other works, in whole or in part, including the Content comprising the Site, in any manner and any media now known or developed in the future, and to use your User Content to make available, improve, promote and protect the Content, Services and the Site, including to develop aggregate ratings, personalize site views, market products or services or identify or feature popular users, or otherwise as deemed necessary or desirable by BNK in the operation of its business and/or use of the Services, without attribution or compensation to you. The foregoing may include BNK featuring your User Content or screen capture images from your User Content on BNK’s promotional pages on its Site, on BNK’s social media sites, and otherwise. You hereby waive any claims against BNK relating to any moral rights, artists’ rights or any other similar rights throughout the world that you may have in or to your User Content, any right of inspection or approval of any such use of your User Content, and any claim to attribution or remuneration for your User Content and/or the rights granted herein. Notwithstanding anything to the contrary in this paragraph or elsewhere in this Agreement, and for the avoidance of doubt, all rights granted to BNK in this Agreement shall be worldwide, royalty-free, perpetual, irrevocable, sub-licensable and assignable, and shall survive any termination or expiration of this Agreement. The foregoing rights shall include the right to create, compile, license, sell and otherwise use or dispose of, in any manner, aggregated and anonymized statistical data regarding your use of the Services and information that may be gleaned from such aggregated and anonymized statistical data, provided that you are not identifiable by name in any such data. BNK shall own all rights, title, and interest in and to such aggregated and anonymized statistical data.
   2. The rights granted to BNK pursuant to the immediately preceding paragraph, above, include to the same extent and with the same scope as set forth above, the exclusive right to take legal action against an infringer or violator of the intellectual property rights in your User Content licensed to BNK where such infringement or violation involved our Site or Services, including for purposes of illustration and without limitation, where User Content you posted on the Site was copied or distributed without BNK’s authorization, which include the exclusive right to sue and recover damages for such infringements and violations, and the exclusive right to exercise any other applicable remedies that now or hereafter may arise or be secured under the laws of all jurisdictions.
3. Representations and Warranties Regarding User Content. We respect the intellectual property rights of others, and we require you to do the same. As such, you hereby represent and warrant to us as follows: (a) you have the full right and authority to enter into this Agreement and your User Content and use of the Service will comply with all applicable laws and regulations; and (b) you own or otherwise have sufficient rights to your User Content, and have obtained all approvals and permissions required, for uploading, distributing, posting or otherwise transmitting to, through or from the Service, or creating using the Service, your User Content, and as otherwise may be required by law in order to comply with this representation and warranty, and for granting to BNK the rights to your User Content contained in this Agreement. You further represent and warrant that none of the foregoing acts or any other act or omission by you involving your User Content or the Service will violate our Use Policy or violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and that you will pay for all royalties, fees, damages, expenses and any other monies owed as a result of a claim resulting from any of the foregoing acts or omissions associated with your User Content and your use of the Service.

1. Content. For purposes of this Agreement, and subject to your and our respective rights in your User Content, “Content” is defined as the individual elements and compilation of any information, communications, published works, photos, videos, graphics, music, sounds, or other material that can be viewed or perceived on our Site, regardless of origin, including the compilation of all User Content presented on the Site. You agree that all Content presented to you on this Site is protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright and, as between you and BNK, shall be regarded as the sole property of BNK and/or its Affiliates and their respective licensors.
2. The Site and Services. The Site and Services, including all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, updates, extensions, enhancements, configurations, derivative works, discoveries, improvements, processes, methods, designs, know-how and underlying ideas and concepts, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Site and Services), whether conceived by BNK alone or in conjunction with others (collectively, “BNK IP”), are owned by BNK, its Affiliates and/or their respective licensors, and are protected by applicable intellectual property laws of the United States and other countries, including but not limited to copyright, and constitute trade secrets and confidential information of BNK. You agree to hold in confidence, and not disclose to any person or entity, all confidential information of BNK, which shall include your User ID and password for the Services, nor use or disclose it for any purpose at any time other than in connection with your authorized use of the Services. Except for the rights expressly granted to You in this Agreement, all rights in the Site and Services and all BNK IP and any other proprietary rights thereto, are and shall remain solely owned by BNK and its respective licensors and are hereby assigned to BNK. BNK reserves all rights not expressly granted to You in this Agreement.
3. Trademarks; Service Marks. All custom graphics, icons, logos and service names used by BNK are trademarks or registered trademarks of BNK and/or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, and/or the name of BNK or its Affiliates, nor the right to exercise any of BNK’s exclusive copyrights except as expressly set forth herein.
4. Limitations on Use of Content.
   1. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Content constitutes a material breach of this Agreement and violates our intellectual property rights and/or those of our licensors and could result in criminal or civil penalties in addition to termination of this Agreement.
   2. You also agree and acknowledge that you will not:
      • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Content, Services or our Site;
      • “Frame” or “mirror” any Content, Services or portion of our Site without our prior written authorization;
      • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Content, Site or Services; or
      • Harvest or collect information about users of the Services without their and our express consent.
   3. No Warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of the Site, our Services, or any Content displayed on or obtained through this Site will not infringe the rights of third parties.

1. Third-Party Sites and Information. This Site may redirect or link to other third-party websites, or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. While we make reasonable efforts to work with trusted, reputable providers, some websites may contain information, material, or policies that some persons may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites. The inclusion of such a link, information or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by us, or any warranty of any kind, either express or implied regarding third party information.
2. Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including, but not necessarily limited to, the delivery of, and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

THE SITE AND ALL CONTENT AND SERVICES, INCLUDING THEIR FEATURES AND FUNCTIONALITY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES OR ANY THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE, CONTENT AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.

THE USE OF THIS SITE AND ANY SERVICES OR CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM RESULTING THEREFROM, INCLUDING TO ANY COMPUTER SYSTEM OR LOSS OF DATA AND ANY OTHER DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.

THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, COMPANIES, GROUPS, OR VENDORS. YOU ACKNOWLEDGE THAT ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES, AND THAT BNK SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELATED THERETO.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US, OR ANY OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

BNK’S SOLE AND EXCLUSIVE LIABILITY, AND THAT OF ITS AFFILIATES, OWNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS, AND YOUR EXCLUSIVE REMEDY, REGARDLESS OF THE THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THIS SITE, THE CONTENT AND OUR SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICES FOR THE APPLICABLE SUBSCRIPTION TERM DURING WHICH THE INCIDENT WHICH GAVE RISE TO THE LIABILITY FIRST AROSE.

IN NO EVENT SHALL WE OR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST OR DAMAGED DATA, BANK DEPOSIT LOSS, FINANCIAL INSTITUTION FAILURE OR POOR SERVICE, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT AND OUR SERVICES OR OF ANY SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, NEITHER BNK NOR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, SHALL BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR SITE, SERVICES OR CONTENT, NOR FOR PROVIDING ASSISTANCE WITH REGARD TO ANY THIRD PARTY TRANSACTIONS, NOR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM ANY THIRD PARTY BY RESPONDING TO THIRD PARTY OFFERS THROUGH THIS SITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS WITH SUCH THIRD PARTIES. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold harmless BNK, our Affiliates, and each of their respective owners, employees and independent contractors from and against all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that may arise from or relate to: (a) your use or misuse of this Site or our Services or Content; (b) your User Content; (c) any breach of this Agreement for which you are responsible; and/or (d) violation, misappropriation or infringement of any intellectual property or other rights of BNK and/or any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

1. Survival. All unmet payment obligations; limitations and disclaimers of damages and warranties; statements of the parties’ respective ownership and license rights (except for license rights granted to you with regard to the Services), and such other terms which by their nature are intended to survive, shall survive any termination or expiration of this Agreement, including this Section 14.
2. International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations, do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
3. Governing Law. The laws of the State of Delaware shall govern this contract and any dispute arising therefrom or from your use of the Content, Site or Services, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Maryland, Montgomery County or the United States District Court for the District of Maryland.
4. Notices. All notices to a party shall be in writing and shall be made either via email, direct message, commercial overnight courier or conventional mail. Notices to us must be sent to the attention of Customer Service at info@saferbankingresearch.com, if by email, or to our address at 3470OlneyLaytonsville Rd., Suite 226, Olney, MD 20832 if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, direct message in the Site, or to the address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication: (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight courier, with written verification of receipt; (c) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email or confirmed direct message.
5. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of the Content or the Site, or use of, or access to this Site, or Services provided through this Site, beyond the limited rights granted to you hereunder.
6. Force Majeure. Notwithstanding anything in this Agreement to the contrary, except for payment obligations, neither party will be liable for any breach of this Agreement or resulting damages from delay or failure with respect to any obligation hereunder, nor for any damages or loss of any kind, resulting from causes beyond its reasonable control, including acts of God, earthquake, storms or other elements of nature, pandemics, labor disputes, blockages, embargoes, riots or other industrial disturbances, mechanical, electrical, electronic, telecommunications, Internet or other third party supplier delay or failure, acts or orders of any governmental authority, criminal acts, war or terrorism, including cyberattack or other malicious intrusion into or breach of security with respect to data or computer systems.
7. Savings Clause. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
8. No Waiver. Any failure by BNK to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
9. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may not be altered, supplemented, or amended by the use of any other document. To the extent that any other statement, term or condition in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
10. Feedback. During the course of this Agreement or otherwise, you may provide, or BNK may solicit, input regarding the Service, including comments, feedback or suggestions regarding the possible creation, modification, configuration, correction, improvement or enhancement of the Service, BNK’s web site or any of BNK’s or BNK’s Affiliates’ products or services, or their operation, functions or features (collectively, “Feedback”). Any information BNK discloses to you related to or in response to Feedback shall be protected as Confidential Information of BNK. For the consideration provided to you in the form of the right to use the Service, you agree that BNK shall own all rights, title, and interest in and to the Feedback, even if you have designated the Feedback as confidential. BNK and its Affiliates will be entitled to use the Feedback without restriction. You hereby irrevocably assign to BNK all rights, title, and interest in and to the Feedback and agree to provide BNK any reasonable assistance BNK may require to document, perfect, and maintain its rights in the Feedback.
11. Relationship of the parties. For purposes of this Agreement, neither party is an agent of the other, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other. Each party is an independent contractor with respect to the other and neither party shall have the power or authority to bind the other party to any contract or obligation.
12. Terms Generally. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. The term “person” includes individuals, corporations, partnerships, trusts, other legal entities, organizations and associations, and any government or governmental agency or authority. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The words “approval,” “consent” and “notice” shall be deemed to be preceded by the word “written.” The word “term” shall be deemed to refer to any term, condition or other type of provision under this Agreement. The word “will” shall be deemed synonymous with “shall” when referring to the acts or obligations of a party. References to this Agreement in the context of any requirement of either party to perform in accordance with this Agreement shall be interpreted to refer to the terms of this document, and such other terms as are contained in any Exhibit.
13. Captions. The captions in this Agreement are for convenience of reference only and shall not be used to interpret this Agreement. All dollar amounts stated in this Agreement are in U.S. dollars.