US Bank "C.A.R.E." Terms of Service

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From: https://care.usbank.com/

The "Customer Automation and Reporting Environment" or C.A.R.E. is the system U.S. Bank customers must use for on-line banking. A copy of the TOS follows. (Record was created on 30 Jan 06, but the TOS has not changed in some time.)

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Customer Automation and Reporting Environment Terms of Service

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF CARE

The Customer Automation and Reporting Environment (the "CARE"), owned and operated by U.S. Bank National Association ("U.S. Bank"), is provided to the customer under the terms and conditions of this Customer Automation and Reporting Environment Terms of Service (CTS) which incorporates by reference any operating rules or policies that may be published by U.S. Bank. The CTS as it may hereafter be amended or modified without notice, comprises the entire agreement between Customer and U.S. Bank and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY LOGGING ON TO THE CARE AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING CUSTOMER'S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE CTS AND THAT YOU HAVE THE AUTHORITY TO SO AGREE ON BEHALF OF CUSTOMER.

In consideration for access to CARE, Customer agrees to: (1) provide certain current, complete, and accurate information about Customer as prompted to do so by the CARE system; and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Customer grants U.S. Bank the right to disclose to third parties certain Registration Data about Customer in the aggregate; however, such disclosures will exclude Customer's name, mailing address, e-mail address, account and phone number, unless: (1) Customer expressly directs U.S. Bank, or any other person Customer may specifically designate to disclose such information or (2) U.S. Bank is required to disclose such information by any applicable law or legal process served on U.S. Bank.

If any information provided by Customer is inaccurate, U.S. Bank retains the right to terminate Customer's rights to use the CARE without notice.

2. DESCRIPTION OF CARE

U.S. Bank is providing Customer with a capability to send and receive electronic data ("Data") via the World Wide Web and on U.S. Bank's own system. U.S. Bank will charge Customer for the CARE. Customer must: (1) provide all equipment, including a computer and modem compatible with CARE, necessary to establish a connection to the World Wide Web; and (2) provide for its own access to the World Wide Web and pay any telephone service fees associated with such access to the CARE.

3. MODIFICATIONS TO TERMS OF CARE

U.S. Bank may change the terms and conditions of the CTS from time to time without notice to Customer. U.S. Bank will indicate the date of last revision of CTS on the screen accompanying the "I Accept" button. If Customer agrees to be bound by the changes, you must again click the "I Accept" button. If you do not click the "I Accept" button, you may terminate your use of the CARE at that time. Customer's continued use of the CARE constitutes an affirmative: (1) acknowledgment by Customer of the CTS and its modifications; and (2) agreement by Customer to abide and be bound by the CTS and its modifications.

4. MODIFICATIONS TO CARE

U.S. Bank reserves the right to modify or discontinue the CARE with or without notice to Customer.

U.S. Bank shall not be liable to Customer or any third party should U.S. Bank exercise its right to modify or discontinue the CARE.

5. CUSTOMER ACCOUNT, PASSWORD, AND SECURITY

When U.S. Bank authorizes Customer to use CARE, you shall receive a user identification and a password. You and Customer are entirely responsible if you do not maintain the confidentiality of your user identification and the password. Furthermore, you are entirely responsible for any and all activities which occur under your account.

Customer agrees to immediately notify U.S. Bank of any unauthorized use of Customer's account or any other breach of security known to Customer.

6. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE CARE IS AT CUSTOMER'S SOLE RISK. THE CARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. U.S. BANK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

U.S. BANK MAKES NO WARRANTY THAT THE CARE WILL MEET YOUR REQUIREMENTS, OR THAT THE CARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES U.S. BANK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CARE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CARE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

CUSTOMER UNDERSTANDS AND AGREES THAT ANY INFORMATION OBTAINED THROUGH THE USE OF THE CARE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESS TO THE CARE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM U.S. BANK REGARDING THE CARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

U.S. BANK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE CARE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF U.S. BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. NO RESALE OR COMMERCIAL USE OF THE CARE

Customer's right to use the CARE is exclusive to Customer. Customer may only be a corporation or other business entity. Customer agrees not to resell or make any commercial use of the CARE, without the express consent of U.S. Bank.

9. OTHER LIMITATIONS

U.S. Bank may, at its sole discretion, with or without notice, terminate or suspend Customer's access to the CARE at any time for any reason, including for Customer's conduct failing to conform with these terms and conditions of the CTS.

Customer agrees: (1) not to use the CARE for illegal purposes; (2) not to interfere or disrupt networks connected to the CARE; (3) to comply with all regulations, policies and procedures of networks connected to the CARE; (4) not to attempt to gain unauthorized access to other computer systems; (5) not to interfere with another Customer's use and enjoyment of the CARE.

10. INDEMNIFICATION

Customer is solely responsible for all consequences arising from use of the CARE by Customer, or permitted use by Customer's parents, subsidiaries, affiliates, officers, employees or agents. Customer agrees to indemnify and hold U.S. Bank, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any use of the CARE in violation of this CTS or infringement of any intellectual property or other right of any person or entity by Customer or its parents, subsidiaries, affiliates, officers, employees, agents, or other user of the CARE using Customer's computer.

11. TERMINATION

Either Customer or U.S. Bank may terminate Customer's access to the CARE with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. U.S. Bank shall not be liable to Customer or any third party for termination of CARE.

Should Customer object to any terms and conditions of the CTS or any subsequent modifications thereto or become dissatisfied with the CARE in any way, Customer's only recourse is to immediately: (1) discontinue use of the CARE; (2) terminate CARE relationship; and (3) notify U.S. Bank of termination.

Upon termination of Customer's access to the CARE, Customer's right to use the CARE immediately ceases. Customer shall have no rights and U.S. Bank will have no obligations thereafter.

12. NOTICE

All notices to U.S. Bank by Customer shall be in writing and shall be made either via express or conventional mail at the following address: US Bank 1010 South Seventh Street FBTT0112 Minneapolis, MN 55415 U.S. Bank may broadcast notices or messages through the CARE to inform Customer of changes to the CTS, the CARE, or other matters of importance; such broadcasts shall constitute notice to Customer. At the sole discretion of U.S. Bank, U.S. Bank may elect to provide any notice, message or information concerning the CARE to Customer in writing via express or conventional mail.

13. PROPRIETARY RIGHTS TO CONTENT

Customer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in information presented to Customer by the CARE ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Customer is only permitted to use this Content as expressly authorized by the CTS. Customer may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the CARE or U.S. Bank.

14. LAWS

The CTS shall be governed by and construed in accordance with the laws of the state of North Dakota, excluding its conflict of law provisions.

Customer and U.S. Bank agree to submit to the exclusive jurisdiction of the courts of the state of North Dakota.

If any provision(s) of the CTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

U.S. Bank's failure to exercise or enforce any right or provision of the CTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by U.S. Bank in writing.

Customer and U.S. Bank agree that any cause of action arising out of or related to this CARE must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the CTS are solely used for the convenience of the parties and have no legal or contractual significance.

15. COMMUNICATIONS

CARE provides a secured communication mechanism known as "Communications" for sending messages and attachments. Communications is a proprietary component of CARE. Communications may be used only for business communications with your key U.S. Bank relationship contacts, and for business communications with your agency or company representative regarding U.S. Bank business with your agency or company. Communications may not be used for personal communications of any kind. U.S. Bank reserves the right to access Customer's mailbox for system administration purposes and to ensure that Communications is utilized for the business purposes allowed under this Customer Automation and Reporting Environment Terms of Service (CTS).