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BankIntelligence.fiserv.com Terms and Conditions of Use

  1. General. This website (the "Site"), is operated by Fiserv Solutions, Inc. ("Fiserv") to provide information to, and to provide access to products and services for financial institutions and other industry participants. Please read the following terms and conditions of use carefully before using the Site. By registering to become a member and by using this Site, you accept and agree to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use this Site. If you or your employer has an executed written agreement with Fiserv governing the use of this Site, in the event of a conflict between these terms and conditions and the agreement between Fiserv and you or your employer, the agreement between you or your employer and Fiserv shall control.
  2. Transactions using the Site. The Site provides you with access to products and services of third party vendors featured on the Site ("Vendors"), and in some cases links to websites of such Vendors. Fiserv does not endorse the accuracy or reliability of any third party products, services, information or other materials displayed, purchased or obtained by you from such third party Vendors. All prices, terms and conditions regarding Vendor products and services are those of the particular Vendor and not of Fiserv. Any products or services of Fiserv are identified as such on the Site and are subject to Fiserv's terms and conditions. You acknowledge and agree that Fiserv is not responsible for any transactions between you and third party Vendors, and that Fiserv has no obligation or liability to you with respect to or in any way relating to any transaction between you and third party Vendors.
  3. Access. When you become a member, you will be assigned a password in order to use the Site. You are responsible for keeping your password secret and confidential. Without limiting the foregoing, you will not assign your password to any other person. Your are responsible for any communications, transactions and other use of the Site through the use of your password, together with any obligations arising out of such use, whether or not authorized by you. Furthermore, you are responsible for changing your password if you believe that it has been lost or stolen. You will not use the Site in any manner that may violate any law or regulation, subject Fiserv to any liability, or adversely affect its public image, reputation or goodwill. You may not create any links to the Site without the prior written consent of Fiserv.
  4. Ownership. Fiserv is the owner of all rights, title and interest in and to the Site, including, without limitation, all graphics, text, images, materials and information contained herein, and all trademarks, service marks, trade names, copyrights, and other intellectual property rights with respect thereto, except for content provided by third party Vendors or other third parties. Fiserv grants to you a non-exclusive, non-transferable, limited, right to use the Site solely for the purposes and in the manner contemplated hereby. You may download information from the Site for your internal use only, but not for reuse or resale; provided, however, all copyright and other proprietary notices are kept intact. Except as expressly permitted hereby, nothing contained herein shall be construed to grant you, by implication, estoppel or otherwise, any right or license to use, copy, print, display, publish, transmit, sublicense or otherwise transfer, distribute or make available to others, edit, modify or create any derivative works of all or any part of the Site or any content on the Site.
  5. Disclaimer of Warranty. FISERV PROVIDES ACCESS TO THE SITE ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND FISERV HEREBY DISCLAIMS THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FISERV MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY PART THEREOF WILL OPERATE UNINTERRUPTED OR ERROR FREE.
  6. Limitation of Liability. Except as may be otherwise provided by Fiserv in a written agreement with you or your employer, in no event shall Fiserv be liable to you, in contract or in tort, or under any other legal theory (including strict liability), for any direct, indirect, special, incidental, consequential or similar damages, including lost profits or revenues, arising out of or in connection with your use of or inability to use the Site or any information, products or services obtained through the Site, regardless of the cause, even if Fiserv has been advised of the possibility of such damages. Fiserv shall not be liable for any claim made against you by any other person, firm or entity, even if Fiserv has been advised of the possibility of such claim.
  7. Termination. Fiserv may terminate your use of the Site at any time by giving electronic or written notice to you. Similarly, you may terminate your membership in the Site at any time by giving electronic or written notice to Fiserv. Upon such termination, you shall cease all use of the Site. Termination shall not affect any obligations you may have already incurred through the Site, including, without limitation, any obligation to make payments to any person. In addition, the continuing validity of these terms and conditions of use shall in no way be affected by the termination.
  8. Miscellaneous. (a) You may not assign your membership in the Site to any other person, and any attempted assignment shall be void. (b) These terms and conditions shall be governed by the laws of the State of New York, without regard to its conflicts of laws rules. (c) Subject to your right to terminate as provided above, Fiserv may amend these terms and conditions at any time by replacing these terms and conditions with an amended version and providing notice thereof on the Site. Your use of the Site after the effective date of the amended terms and conditions shall constitute your acceptance of the amended terms and conditions. (d) If any provision of this Agreement is held to be unenforceable or invalid, the other provisions shall continue in full force and effect. (e) No failure or delay by Fiserv to exercise any right or remedy under these terms and conditions will operate as a waiver thereof. (f) The prevailing party in any suit or action brought by one party against the other party to enforce the terms of this Agreement or any rights or obligations hereunder, shall be entitled to receive its reasonable costs, expenses, and attorneys' fees of bringing such suit or action. (g) These terms and conditions, together with the Fiserv Privacy Policies, embody the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings.

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