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TERMS AND CONDITIONS

Welcome to the Promontory Interfinancial Network, LLC (the "Network") Website.

Access to the public section of the Website ("Public Site") is governed by these Terms and Conditions of Use. By accessing the Public Site you agree to be bound by these Terms and Conditions of Use. Your use of the Website is governed by the version of the Terms and Conditions of Use in effect on the date the Website is accessed by you.

Access to the members-only section of the CDARS Website ("Members-Only Site") is limited to authorized employees of regulated financial institutions that have entered into Participating Institution Agreements with the Network and is governed by the applicable Participating Institution Agreement and the Terms and Conditions of Use for the Members-Only Site. You may not obtain or attempt to obtain unauthorized access to the Members-Only Site or any other protected materials or information through any means not intentionally made available by the Network for your specific use.

  1. Authorization to Use. You may access and use the Public Site, at your sole risk and responsibility and in compliance with applicable law, only to gain information about the possibility of using services described on the Public Site ("Authorized Purposes"). For Authorized Purposes, you may (a) display the Public Site on a web browser, (b) print pages of the Public Site from a web browser, and (c) forward links to or pages from the Public Site, electronically or in hard copy, to persons within your organization or other persons with whom you have a personal or business relationship if you believe such persons may be interested in the information, so long as you make such persons aware that you are the person who has forwarded the information and so long as you do not remove, conceal, or alter any copyright notice, byline information, disclaimer, restriction, or other notice. The Network may terminate your access to the Website for any reason, without prior notice.

  2. Limits on Use. The Website is protected by copyright and other laws and, except as expressly authorized by Section 1, you may not copy, display, print, or distribute all or any part of the Public Site or any other section of the Website, and in no event may you broadcast, decompile, disassemble, perform, publish, rent, reproduce, reverse engineer, sell, transmit, or create derivative works from all or any part of the Website or permit any person to perform any act relating to the Website not authorized by Section 1. As between the Network and you or your employer, the Network solely owns and shall continue solely to own all right, title, and interest, including all intellectual property rights, in and to the Website. You may not use the Website in any manner (i) that could damage or overburden our server(s) or any network connected to any of our servers or (ii) that would or does interfere with another party's use of the Website.

  3. Privacy. Your use of the Website may be monitored by or on behalf of the Network to protect security, confidentiality, intellectual property, or other rights or business interests of the Network. Without limiting the foregoing, the Network reserves the right to collect and use for any lawful purpose any data you enter, aggregate data derived from such data, and usage patterns such as clickstreams. The Network intends to use commercially reasonable efforts to follow the Privacy Policy posted or to be posted on the Public Site, as such Privacy Policy may be changed from time to time at the sole discretion of the Network. Notwithstanding the foregoing, the Network will not bear any responsibility or liability for any information submitted to the Network or for the use or misuse of any information submitted by you or any other person.

  4. Availability and Content. The Network makes no representation, warranty, or covenant that the Public Site will be available at all times or at any time. Various circumstances may prevent or delay availability. The Network at any time may discontinue the Public Site in whole or in part, or suspend your access, for any reason or no reason. There may be errors or omissions in the Public Site, and the Network reserves the right, but will not be required, to correct any errors or omissions. The Network will not be responsible for any loss, cost, damage, or liability that may result from any loss or delay of availability, any suspension of access, or any errors or omissions. In addition, the Network will not be responsible for the accuracy, completeness, or timeliness of the Public Site (including any content on it) or for the results obtained from its use.

  5. No Professional Advice. The Network does not supply tax, accounting, investment, or legal advice or other professional advice. Without limiting the foregoing, the Network does not offer any professional advice regarding the nature, potential value, or suitability of any particular security, transaction, investment strategy, or other course of action.

  6. No Warranties. THE PUBLIC SITE IS PROVIDED "AS IS." THE NETWORK MAKES NO REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER RELATING IN ANY WAY TO THE PUBLIC SITE OR ANY LINKED SITES. THE NETWORK DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, THE NETWORK DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR OF QUIET ENJOYMENT, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS, AND (D) WARRANTIES OTHERWISE RELATING TO ACCURACY, PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE NETWORK.

  7. No Liability or Damages. THE NETWORK SHALL HAVE NO LIABILITY TO YOU OF ANY KIND RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PUBLIC SITE (INCLUDING BUT NOT LIMITED TO ANY CONTENT ON IT OR THE RESULTS OBTAINED FROM ITS USE), THESE TERMS AND CONDITIONS OF USE, OR THE NETWORK'S BUSINESS, OR ANY LINKED SITE, FOR ANY CAUSE WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. NO REMEDY SHALL BE AVAILABLE AGAINST THE NETWORK RELATING TO, RESULTING FROM, OR IN CONNECTION WITH ANY OF THE FOREGOING. IN NO EVENT SHALL ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES AGAINST THE NETWORK BE ALLOWED, EVEN IF THE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THE EXCLUSIONS OF DAMAGES IN THESE TERMS AND CONDITIONS OF USE ARE INDEPENDENT OF, AND SURVIVE THE FAILURE FOR ANY REASON OF, ANY OTHER REMEDY.

  8. Changes. These Terms and Conditions of Use may be changed by the Network in its sole discretion by posting a notice on the Public Site. You should check the Public Site for notice of such changes.

Updated 06/07/2005
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Copyright 2004-2008 Promontory Interfinancial Network, LLC.  U.S. Patent No. 7,376,606