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Website Terms and Conditions of Use

Welcome to manybanking.com. manybanking.com is owned and operated by manybanking.com, LLC ("sbup"). These Website Terms and Conditions of Use ("Terms") contain the terms and conditions upon which sbup is willing to provide you access to and use of this sbup website and all related pages, information, databases, materials and services (collectively, the "Site"), and governs your use and purchase of any products and services (collectively, the "Services") available through the Site. These Terms form a contract between you and sbup. If you do not agree to be bound by these Terms, you may not access or use the Site or the Services. Use of the Site or purchase or use of the Services indicates your acceptance of these Terms, and the sbup's Internet Privacy and Security Policy. Please scroll down through these Terms to review important provisions regarding arbitration, limitation of liability, waivers, indemnities, and other important provisions.

If you have questions regarding these Terms, please contact sbup at

License

You may only use this Site if you are at least 18 years of age. By accessing any portion of the Site, you have a limited license to use the Site and Services, including the limited right to view, bookmark, download and print, for your noncommercial, personal use and information only, those pages of the Site that interest you, subject to any other terms and conditions of use and/or payment in these Terms or on the Site. These Terms cannot be waived or modified by any oral communications between you and sbup.

Updating Terms

sbup reserves the right, to change, delete, or update the Terms or other policies that govern use of the Site at its discretion, at any time, for any reason, without notice, including the right to terminate the Services or any part of the Services. Any amendments and modifications by sbup will be prospective only, and unless otherwise provided in this Agreement, will be effective upon being posted on the Site. sbup encourages you to review these Terms periodically for updates and changes. Your continued access or use of the Site shall be deemed acceptance of all changes.

If you have an account or other relationship with sbup, that relationship is governed by the agreement specific to that particular account or relationship. The terms of these other agreements are not altered by these Terms or by any content on the Site, provided that nothing in these other agreements shall diminish the protections and rights provided to sbup under these Terms. Except as expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and sbup with respect to the use of the Site.

sbup Website Purchasing Information and Unauthorized Use

You agree that any information you provide to sbup, whether through the purchasing process or otherwise, including, without limitation, passwords, usernames, login ID's, credit card and financial information, and other personally identifiable information whether through questionnaires, registration forms, or other information requests, ("Customer Information"), will be true, accurate, current and complete information. You agree not to provide Customer Information that is false, inaccurate, misleading, or fraudulent. You agree to provide sbup with any information reasonably requested by sbup related to the provision of the Services. You are solely responsible for all transactions, and transmissions that occur through the use of your Customer Information, and it is your responsibility to maintain and promptly update your Customer Information. You agree that sbup is not liable to you or any third party for damages or losses related to the accuracy or disclosure to sbup of your Customer Information. It is your responsibility to maintain the confidentiality of your Customer Information. sbup requires that you agree not to share your Customer Information with another person, nor allow another person to use your Customer Information. If you believe that someone has used your Registration Information to access any sbup services without your authorization, please contact sbup immediately.

Please review sbup's Internet Privacy and Security Policy for more information regarding sbup's policies and procedures for disclosing and using your Customer Information. Subject to the Internet Privacy and Security Policy, sbup retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your information (in any media, currently known or unknown) related to these Terms or sbup's provision of the Services.

You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false e-mail or other headers, or otherwise conceal your identity from sbup for any purpose.

Information Available on Site

sbup relies on a variety of sources for the information it provides on the Site. This information includes, but is not limited to, the rates shown, whether the financial institution has deposit insurance, and the institution's policy on accepting customers and money. This information is provided to you in good faith based on the information available to sbup. sbup believes that the information is current and accurate but does not guarantee it. You should confirm how current the information is and the accuracy of any information with the financial institution.

Fees and Payment

You are responsible for promptly paying all fees associated with your use or purchase of the Services (the "Fees") at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to sbup's net income) related to the Services (collectively, the "Taxes"). You shall promptly pay all Taxes at the time of purchase.

If you dispute any Fees related to purchase of any Services, you shall provide sbup with written notice describing such dispute in reasonable detail and shall include with such notice all documentation as may be reasonably required to support your position regarding the dispute. All disputes regarding any Fees must be submitted to sbup within 90 days of the purchase of the applicable Services. If you do not submit a claim within such time period, you waive all rights to dispute such Fees.

If the dispute is resolved in favor of sbup and you have withheld the disputed amount, any payments withheld pending settlement of the disputed amount shall bear interest at eighteen percent (18%) per annum or the highest amount permitted by law, whichever is lower, from the payment due date up to and including the date of payment. sbup shall be entitled to recovery of all costs and expenses (including reasonable attorneys' fees and costs) incurred in enforcing your compliance with this Agreement.

Restrictions on Use of sbup Materials and the Site

sbup or its content providers own all of the content, materials, and other intellectual property related to the Site and the Services, including without limit all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Materials"). You have no rights to the Materials, except as expressly set forth in these Terms. Any use of the Materials, except as permitted by these Terms, is expressly prohibited.

The contents and use of the Site (including sbup's name and the logos and software used in the Site) are registered and/or protected by U.S. and international copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the Site or the Services. You may not delete or change any copyright or trademark notices, and cannot alter or modify the content in any manner without the express written permission of sbup.

You further agree that you may not:

sbup reserves the right to disclose the identity of anyone posting or transmitting any information or materials violating the above prohibitions to law enforcement authorities or pursuant to any court order requesting or directing sbup to disclose such information.

Termination, Removal of Materials, and Monitoring

These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the Site and the Services. You agree that sbup may terminate, restrict, or suspend part or all of your license to access the Site or delete any content transmitted to or through the Site, at any time, at its sole discretion, without prior notice to you and without any liability to you. sbup also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in sbup's sole discretion, may create liability for sbup, its agents or its contractors, or may affect sbup's business relationships or contracts with its agents or its contractors. sbup further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms - though sbup shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree sbup has the right, but is not obligated, to monitor your use of the Site and any communications made by you related to such use in any manner; and you release sbup from any liability related to its monitoring activities. If sbup denies you access to the Site, you agree to destroy all materials obtained from the Site and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, sbup may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, the Site, and the Services.

Website Linking and Cautions About Third-Party Information Included in Site

For your general informational use only, sbup may provide access to third party websites. These links will allow you to leave the Site. The linked sites are not under the control of sbup and sbup is not responsible for the contents of any linked site. By providing access to other websites, sbup is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website's sponsoring organization.

sbup is not obligated to maintain, verify, update or post any corrections to such third party information for any reason. Nothing in the Site referencing any third parties with whom sbup conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, affiliation, or sponsorship among sbup and such third parties or you, or make the third parties or you partners or joint venturers with sbup, or otherwise provide you or any third parties with any rights to act on sbup's behalf. sbup does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does sbup endorse any opinions expressed by users or any third parties using the Site. Consequently, you agree that sbup does not guarantee, and is not liable to you for any third party content.

Disclaimers and Limitations of Liability

In using this Site you acknowledge and accept that there are risks, including, without limitation, the risk of harm of people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site and other parties that use the Site or your Customer Information for unauthorized or illegal purposes.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). THE sbup PARTIES MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN sbup, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON sbup's BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO sbup.

YOU AGREE THAT sbup, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "sbup PARTIES") ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE sbup PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO sbup TO PURCHASE THE PARTICULAR PRODUCTS OR SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, THE AMOUNTS PAID BY YOU TO sbup TO PURCHASE PRODUCTS OR SERVICES IN THE THREE (3) MONTHS PRECEDING ANY CLAIM WHERE YOUR CLAIM DOES NOT RELATE TO PRODUCTS OR SERVICES PURCHASED, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO sbup. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY sbup IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE sbup PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify sbup, its subsidiaries, affiliates, officers, directors, employees, agents, contractors, and any third party information or service providers from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to your: (i) breach of these Terms, (ii) violation of any person's or entity's legal rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights) (iii) violation of any applicable law, rule or regulation, (iv) negligence, recklessness, or misconduct, or to (v) unauthorized use of your Customer Information by a party other than sbup.

Applicable Law

sbup controls and operates the Site from its offices within the State of Wisconsin in the United States. If you choose to access the Site from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to sbup and your use of the Site.

Exports

You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. You acknowledge that export of the products or services and any related documentation, in whole or part, contrary to United States law is prohibited. You agree that no part of the products or services available through the Site, either in whole or part, is being acquired for shipment, transfer, or re-export, directly or indirectly, to proscribed, embargoed, or prohibited countries or their nationals, denied destinations, or for prohibited activities or for weapons.

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No failure to exercise and no delay in exercising, by sbup, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by sbup of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by sbup.

Additional Terms

Certain areas of this Site may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, sbup designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide sbup's designated agent the following information:

sbup's designated agent for notification may be contacted at:

By Mail:

manybanking.com, LLC
Attention: Copyright Agent
1815 Janesville Avenue
Ft. Atkinson, WI 53538

By Fax:

920-568-1408

By E-mail:

Dispute Resolution

If a dispute arises between you and any of the sbup Parties, it is the goal of sbup to work in good faith with you to quickly and amicably resolve the dispute. All disputes, claims, or controversies ("Claims") arising under or relating to these Terms, the Site, or the Services that cannot be resolved informally, will be finally resolved by binding arbitration as described herein. Any dispute arising under or related to these Terms, the Site, or the Services (including the arbitrability of such a dispute and the existence, validity, interpretation, performance, termination or breach thereof) shall be finally settled by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association ("AAA"), with the arbitration to be commenced no later than one (1) year after such Claim accrues (in absence of which it shall be deemed forever waived). A judgment upon an arbitrator's award may be entered by any court of competent jurisdiction. The arbitrator shall be an expert in the field of Internet services. To the extent permitted by applicable law, you agree that there shall be no class action arbitration related to these Terms, the Site, or the Services. All parties shall bear their own expenses, except that the parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related Claim).

The above obligations to arbitrate shall not: (i) apply to violations of the Restrictions on Use of sbup Materials contained above; or (ii) prevent a party from seeking a preliminary injunction, temporary restraining order, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute.

Exclusive jurisdiction and venue for arbitration or any other legal action or proceeding in any way related to the Site, the Services, or these Terms shall be in Madison, Wisconsin. Any matter brought before a court shall be brought solely in the state or federal courts located in Madison, Wisconsin. The parties hereby waive their right to a jury trial.

Independent Parties

For purposes of these Terms, the parties hereto shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or like relationship is created between the parties by this Agreement.

Entire Agreement

These Terms, and any policies referenced and attached hereto, constitute the entire agreement between you and sbup related to the Site and services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. These Terms may not be amended, altered or added to in any manner except as set forth by a document in writing and signed by an authorized representative of each party. If there is a conflict between these Terms and any terms appearing on the Site, or in any policies, those terms that are more favorable to sbup shall govern.

Headings

The headings of the sections in these Terms are strictly for convenience and shall not in any way be construed as amplifying or limiting any of these Terms.

Survival of Obligations

The terms that by their nature are intended to survive beyond the termination, cancellation, or expiration of these Terms shall survive.

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