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R&T Bank MonitorSM Services Agreement

(Last Modified: October 10, 2023)

PLEASE READ THE TERMS AND CONDITIONS IN THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE IN ANY WAY (INCLUDING BROWSING THE WEBSITE, ACCESSING, DOWNLOADING OR USING ANY INFORMATION, CONTENT, FILES, REPORTS OR OTHER DATA OBTAINED THROUGH THE WEBSITE OR OTHERWISE OBTAINING ANY SERVICE THROUGH THE WEBSITE), YOU ARE ENTERING INTO A LEGAL AGREEMENT WITH R&T AND YOU HEREBY AGREE TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, DO NOT ACCESS OR USE THE WEBSITE IN ANY WAY. THIS AGREEMENT IS A BINDING AGREEMENT BETWEEN R&T AND YOU. IF YOU USE THE WEBSITE ON BEHALF OF A THIRD PARTY (SUCH AS AN EMPLOYER), YOU HEREBY REPRESENT AND WARRANT TO R&T THAT YOU ARE DULY AUTHORIZED TO AGREE TO THIS AGREEMENT ON BEHALF OF SUCH THIRD PARTY.

  1. Agreement. This R&T Bank MonitorSM Services Agreement (and any documents expressly incorporated herein by reference) (the “Agreement”) sets forth the terms and conditions under which Total Deposit Solutions, LLC (d/b/a R&T Deposit Solutions) (“R&T” or “we”)allows access and use of the R&T Bank Monitor website at https://www.bankmonitor.com/ (the “Website”) and provides information, data, reports, graphics, content, documents, materials, functionality and services available or offered on or through the Website or other means  (including emailing or other transmission) (the “Information”) by subscribers of the Service (“Subscriber” or “you”).  The Website and Information, together, the “Service”.
  2. Other Documents Incorporated by Reference.  By accessing or using the Website, you also agree to the Terms of Use,  Privacy Policy and Legal Disclosures, all of which are incorporated herein by reference.  For purposes of this Agreement, any reference to ‘Website’, ‘R&T Portal’, ‘Client Portal’, or ‘Online Service’ in those other documents shall mean this Website.  In addition, any references to specific ‘Terms of Use for a R&T Portal’ in those other documents shall mean, with respect to the Website, this Agreement.
  3. Authorized Representative of Subscriber.  The Website may only be accessed by you if you are a duly authorized representative of the Subscriber.  You must not share your login credentials or passwords for entry into the Website with any other person.  If you are accessing the Website on behalf of, or as a representative of, a third party (e.g., an employer of the individual accessing the Website), both you and that third party will be bound by, and be deemed to agree to, this Agreement. 
  4. Information Provided through the Service.  The Information provided through the Service is provided by R&T and may be sourced from other third parties, including regulatory agencies or financial exchanges (“Information Providers“). R&T generally relies on publicly available information in preparing the Information and R&T does not guarantee or promise the accuracy or completeness of any publicly available information.  All Information is furnished to you without any responsibility for accuracy or completeness. In addition, R&T provides no guarantee, promise or representation with respect to the financial health or condition of any bank or institution the subject of any Information provided through the Service. Any Information provided to you may be delayed or withheld by R&T or an Information Provider in its sole discretion. 
  5. No Endorsements, Recommendations or AdviceWhile the Information provided through the Service may include facts, views, opinions and recommendations of individuals and organizations deemed of interest, neither R&T nor any Information Provider guarantees the accuracy, completeness or timeliness of, or otherwise endorses, those views, opinions or recommendations. R&T does not provide any investment, legal, regulatory, tax, accounting or other advice or advocate the purchase or sale of any security or investment.  R&T also does not provide any advice regarding the placement of funds in deposit or other accounts at banks or other financial institution or through any sweep or other program (including any program administered by R&T or its affiliates). If you are not comfortable with the financial health or condition of a particular bank or institution, you should not place your (or your customers’) funds in such institution, including under any program administered by R&T or any of its affiliates.
  6. Intellectual Property Rights.  You shall have a non-exclusive, non-sub-licensable license to use the Website solely for and in connection with your lawful business in the United States of America. R&T exclusively owns or is the licensee of all rights, title and interest in and to (i) the Website, (ii) the domain name associated with the Website, (iii) the design, look and content of the Website and (iv) the R&T Bank Monitor SM service mark.  R&T or the Information Providers (or their licensors) exclusively own all right, title and interest in and to all copyright in the Information and editorial content appearing on the Website. 
  7. Restrictions on Use of Website & Information.  You must not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any Information or the Website in any manner without the express written consent of R&T, and you must not use the Information or the Website for any unlawful purpose.  YOU FURTHER AGREE NOT TO REVERSE ENGINEER OR IMITATE FOR COMMERCIAL PURPOSES, DIRECTLY OR VIA THIRD PARTIES, ANY PROGRAMS, PROBLEM SOLVING APPROACHES, FRAMEWORKS, TOOLS OR INFORMATION PROVIDED THROUGH THE SERVICE.  You may only access the Information manually by request through the Website or through other means expressly permitted by R&T in writing, and not programmatically by macro or other automated means. R&T does not guarantee, represent, or warrant that your use of the Website and Information will be free from error, interruptions, interference, attack, intrusions, or corruption.

In using the Website, you must not use the Website in any way that could impair or harm any R&T server, or the networks connected to an R&T server, or interfere with any other Subscribers’ use of the Website. You must not upload or transmit to the Website any potentially destructive or harmful viruses or other programs, files, code or similar which could alter the operation of R&T’s Website. You must not attempt to gain unauthorized access to the Website, Service, Information, other Subscribers’ accounts or computer systems, through hacking, password mining, or any other means. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You must not use false identity when registering as a Subscriber.

  • Other Sites.   The Website may redirect you to other websites that may be of interest to you, but R&T does not guarantee, represent, or warrant that your use of those other websites or any information you obtain from or through those other websites will be accurate or complete. R&T also does not endorse or recommend those other websites, and R&T does not guarantee, represent, or warrant that your use of those other websites will be free from error, interruptions, interference, attack, intrusions, or corruption.
  • No Representations or Warranties.   THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NONE OF R&T, ITS AFFILIATES OR ANY INFORMATION PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, RELATING TO OR IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT.  No errors or omissions in Information shall be made the basis for any claim, demand or cause of action against R&T, its affiliates or any Information Provider.
  • Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) NEITHER R&T NOR ANY INFORMATION PROVIDER (NOR ANY OF THEIR RESPECTIVE AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE OR ACCESS THE WEBSITE OR INFORMATION, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (II) R&T AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL LIABILITY AND DAMAGES THAT CANNOT BE EXCLUDED BY APPLICABLE LAW SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF FEES PAID BY SUBSCRIBER TO R&T FOR THE SERVICE IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM.
  • Injunctive Relief.  You agree that irreparable loss and damage will be suffered by R&T should you breach any of your obligations under this Agreement. Therefore, you agree and consent that, in addition to all the remedies provided at law or in equity, R&T shall be entitled to a temporary restraining order and temporary and permanent injunctions to prevent a breach or contemplated breach of any of your obligations hereunder. While you will retain the absolute right to pursue any claim, demand, action or cause of action that you may have against R&T, the existence of any claim, demand, action or cause of action by you against R&T shall not constitute a defense to the enforcement by R&T of any of your obligations under this Agreement.
  • Governing Law & Jurisdiction; Waiver of Jury Trial.  All matters relating to the Service and/or this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action, or proceeding arising out of, or related to, the Service or this Agreement shall be instituted exclusively in the United States District Court for the Southern District of New York or any New York State court sitting in New York City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT. 
  • Amendments.  R&T may change this Agreement at any time, in its sole discretion. All changes are effective immediately when we post an updated version of the Agreement on the Website, and such updated Agreement shall apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of updated Agreement means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.
  • Waiver.  No waiver by R&T of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of R&T to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
  • Severability.  If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  • Assignment.  You may not assign, sublicense, delegate, subcontract or otherwise transfer your rights, duties and obligations under this Agreement to a third party without our express written consent.
  • Suspension and Termination of Service.  R&T may suspend or terminate your access or use of the Service at any time in its sole discretion.
  • Entire Agreement.  This Agreement (and the documents incorporated herein by reference) constitute the sole and entire agreement between you and R&T regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.  
  • Inconsistency.  To the extent of any inconsistency between the terms of this Agreement and the other documents expressly incorporated herein by references, the terms of this Agreement shall prevail. If Subscriber has entered into a specific written agreement with R&T relating to the provision of the Service to Subscriber (“Specific Service Agreement”), the terms of both the Specific Service Agreement and this Agreement shall apply and, to the extent of any inconsistency between the terms of this Agreement and the Specific Service Agreement, the terms of the Specific Service Agreement shall prevail.

BY CONTINUING TO USE THE WEBSITE AND SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICE AND NOTIFY R&T IN WRITING THEREOF.