Bank On It Terms of Use

These Terms of Use (the “Terms”) govern your use of the website located at http://bank-on-it.com(the “Site”) operated by Rekko LLC (“Rekko”). By using the Site, you agree to these Terms.

1. Eligibility

You must be at least 18 years old and legally capable of agreeing to this Terms of Use to use the Site.

2. Use of the Site

When you use the Site, you may not:

• violate any law or regulation;

• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights, particularly by interfering, disrupting, or attempting to gain unauthorized access to other accounts on the Site or any other computer network or to portions of the Site that are restricted;

• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

• send unsolicited or unauthorized advertising or commercial communications, such as spam;

• disseminate, store, or transmit viruses, trojan horses or any other malicious or unsolicited software;

• stalk, harass, or harm another individual;

• impersonate or misrepresent your affiliation with someone else, create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication;

• use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Site or other Site (although Rekko may allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Rekko reserves the right to revoke these exceptions either generally or in specific cases);

• use automated methods to use the Site in a manner that sends more requests to the Rekko servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser; or

• interfere with or disrupt the Site.

3. Ownership

We own or license the content on the Site, including, but not limited to, all software, text, images, videos, and other visual and audio-visual content (“Content”); Rekko trademarks, trade names, logos, and brand elements (“Rekko Marks”); and the trademarks, trade names, logos and brand elements of third-party products and services that may be displayed on the Site (“Third-Party Marks”). The Content, Rekko Marks, and Third-Party Marks (collectively “Materials”) are protected under U.S. and international laws. The posting of Materials in the Site by Rekko does not constitute a waiver of any rights in such Materials. We reserve the right in our sole discretion to edit or delete any Materials without notice. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Site is strictly prohibited without the express written consent of Rekko or, as applicable, Rekko’s licensors.

4. Feedback and Submissions

We welcome and appreciate your feedback and suggestions about the Site. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use your feedback or suggestions without compensation to you.

5. Privacy

Rekko respects your privacy. Our Privacy Policy https://www.bank-on-it.com/privacy-policy explains how we collect, use, and disclose information about you.

6. Links

Our Site may contain links to other Web sites. A link to a third party’s Web site does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party Web site. You should always read the terms and conditions and privacy policy of a third-party Web site before using it.

7. Changes and Corrections to the Site

Rekko enhances and updates its Site often. We may change or discontinue the Site, with or without notice to you. Rekko reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

8. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REKKO AND ITS OFFICERS, DIRECTORS EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF OR IN THE COURSE OF CONDUCT, TRADE, CUSTOM OR USAGE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REKKO NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE.

To the extent Rekko may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Rekko’s liability will be the minimum permitted under such law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Rekko and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information that you submit, post, or transmit through the Site; (b) your use of the Site; (c) your violation of these Terms; or (d) your violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights. Rekko reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Rekko in such defense.

10. Other Provisions

These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict or choice of laws rules or provisions.

Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Privacy Policy, or the Site, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in New York City, New York before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Rekko to enforce any right or provision of these Terms will not prevent Rekko from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law.

11. Changes to these Terms

From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use our Site, you agree to the revised Terms. If you object to any such changes, your sole recourse shall be to cease using the Site.

Dated: May 24, 2024