Terms of Use

Revised December 18, 2024

By accessing, interacting with, or using any of the American Bankers Association’s ("ABA") Internetproperties including, without limitation, www.aba.com, mobile websites, microsites, mobile applications,ABA profiles on social media sites and any other digital services or properties operated or used, and anyothers released by the ABA from time to time (collectively referred to as the "ABA Sites"), you agree tocomply with and be bound by these Terms of Use ("Terms of Use"), the ABA Privacy Policy, and theABA Copyright and Intellectual Property Policy (collectively, the “ABA User Policies”). Please readthese Terms of Use carefully as well as the ABA User Policies. If you do not agree to these Terms ofUse or the ABA User Policies, you must immediately terminate use of the ABA Sites.

1. License Grant. The ABA Sites are owned by ABA. You are granted a personal, revocable, limited,non-exclusive, non-transferable license to access and use the ABA Sites conditioned on your continuedacceptance and compliance with these Terms of Use. You may use the ABA Sites and the ABA Content(as defined in Section 2) for your noncommercial personal use and for no other purpose. ABA reservesthe right to bar, restrict or suspend any user's access to the ABA Sites, and/or to terminate this license atany time for any reason. ABA reserves any rights not explicitly granted in these Terms of Use.

2. Proprietary Rights. The content of the ABA Sites includes, without limitation, (i) ABA's trademarks,service marks, logos, brands, and brand names, trade dress and trade names and other distinctiveidentification (collectively "ABA Marks"); (ii) information, data, materials, interfaces, computer code,databases, products, services, software applications and tools, text, images, photographs, audio and videomaterial, including podcasts, and artwork, (iii) the design, structure, selection, compilation, assembly,coordination, expression, functionalities, applications, look and feel, and arrangement of any contentcontained in or available through the ABA Sites (the items identified in subsections (i) (ii) and (iii) shallbe collectively referred to herein as "ABA Content"). ABA Content is the property of ABA, its licensors,sponsors, partners, advertisers, content providers or other third parties and is protected in all media nowexisting or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, andtrademark law, as well as other state, national, and international laws, treaties, and regulations. Thereproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of anyABA Content by you, or by you through any other person or entity, is prohibited unless express writtenconsent is separately obtained from the ABA. For reprint requests, please complete ABA’s CopyrightReprint Permission Request Form. Any use of the ABA Marks without ABA's express written consent isstrictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other noticesappearing in the ABA Content, including any such notices appearing on any ABA Content.3. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive ABA'sprior written consent, you may not modify, translate, create derivative works of, copy, distribute, market,display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer,decompile, reverse engineer, or incorporate into any information retrieval system (electronic ormechanical), the ABA Sites, any ABA Content, or any portion thereof. Further, you may not (i) use theABA Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity toobtain or attempt to obtain unauthorized access to the ABA Sites, including ABA Content; (ii) interferewith the proper working of the ABA Sites including, but not limited to, the transmission of any virus,worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine,instruction or design; or (iii) interfere with any other person's use and enjoyment of the ABA Sites.

4. Your Acceptance; Revisions to Terms of Use. The ABA Sites are available only to individuals whocan enter into legally binding contracts under applicable law. These Terms of Use constitute a legallybinding agreement between you and the ABA regarding your use and access to the ABA Sites. By usingthe ABA Sites, you agree to the Terms of Use.

ABA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revisedTerms of Use to the ABA Sites. Your use of the ABA Sites signifies your acceptance of all the terms andconditions contained within the Terms of Use posted at the time of your use. You will be responsible forregularly reviewing the Terms of Use posted to the ABA Sites. No revision to these Terms of Use shallapply to a controversy or claim for which you had actual notice on or before the date of any such revision.

5. ABA User Policies; Additional Terms and Conditions. All additional terms and conditionsapplicable to certain portions of the ABA Sites (collectively "Additional Terms and Conditions"), areincorporated herein by this reference. To the extent that there is a conflict between these Terms of Useand any Additional Terms and Conditions for the activity in which you choose to participate, theAdditional Terms and Conditions shall govern.

6. Click-Through Agreements. Before using certain areas of the ABA Sites, you may be asked toindicate your acceptance of additional special terms and conditions by clicking a button marked "IAccept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consentor acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms ofUse and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

7. Personal Login Information. Certain features and areas of the ABA Sites are available only withregistration, login, or a paid subscription. If you are required to register and select a unique login andpassword ("Personal Login Information"), you must keep your Personal Login Information confidential,including taking appropriate measures to maintain the confidentiality, such as logging off and closing theInternet browser, especially when you are connected to the Internet through an unsecured network orwhen using a public computer. Your Personal Login Information is personal to you and you may notallow any third party to use it under any circumstances. ABA is not liable for any harm caused by orrelated to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.You must contact ABA immediately if you become aware of or believe there is or may have been anyunauthorized use of your Personal Login Information, or otherwise wish to deactivate your PersonalLogin Information due to security concerns.

8. Privacy Policy. For information about ABA's data protection practices and ABA's use and protectionof your personal information, please read the ABA's Privacy Policy ,which is incorporated into and madea part of these Terms of Use.

9. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state,national, and international laws and regulations with respect to your use of the ABA Sites and notinterfere with the use and enjoyment of the ABA Sites by other users or with ABA’s operation andmanagement of the Sites. You further warrant that your use of the ABA Sites and of any data input into orgenerated by the ABA Sites shall comply with all applicable laws, regulations, and ordinances. Youagree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeituresoccasioned by any such violations or lack of rights. You must, at all times, provide true, accurate,current, authorized, and complete information when submitting information or materials on the ABASites, including, without limitation, information required to be provided through an online ABAregistration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted byyou, ABA reserves the right to terminate your access and use of the ABA Sites. You warrant that you willnot impersonate any other person or entity, whether actual or fictitious, when using the ABA Sites, ordefame or otherwise harm any party through your use of the ABA Sites.

In addition, you also agree that you will not use the ABA Sites for the following purposes:

(i) to upload, download, post, email, transmit or otherwise make available any content, including throughany attachments thereto, that:

(ii) anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(iii) make available information protected under any law or under contractual or fiduciary relationships(such as, but not limited to, inside information, proprietary and confidential information learned ordisclosed as part of employment relationships or under nondisclosure agreements);

(iv) to infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(v) to post, submit or display any unsolicited or unauthorized advertising, promotional materials, “junkmail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(vi) to post, submit or display any material that contains software viruses or any other computer code,files or programs designed to interrupt, destroy or limit the functionality of any computer software orhardware or telecommunications equipment;

(b) to collect or store personal data of other users of the ABA Sites;

(c) to intentionally disrupt or interfere, whether directly or indirectly, with the ABA Sites in any manner

(d) to intentionally or unintentionally violate any applicable local, state, national or international law.

10. User-Generated Content. ABA welcomes your views, comments and other communications,pictures, track back URLs, or videos on our ABA Sites or in interacting with the ABA Sites, which mayinclude discussion boards, blogs and other services that allow users to provide feedback, comment orcontent ("User-Generated Content"). By contributing User-Generated Content to any of the ABA Sites orsocial media profiles, users understand and acknowledge that this information is available to the publicand grant ABA a nonexclusive license to display, reproduce, transmit, modify such User-GeneratedContent and that the ABA may use the User-Generated Content for internal and external marketingpurposes. You are solely responsible for the User-Generated Content you submit. If you believe anyUser-Generated Content infringes on your proprietary rights, contact ABA’s Office of the GeneralCounsel as identified in these Terms of Use (see Section 14 below). ABA does not approve, endorse, oradopt any User-Generated Content, and ABA assumes no liability for any User-Generated Contentsubmitted by you or others. You agree to indemnify ABA against all claims and liabilities resulting fromUser-Generated Content. Users who do not wish to have information they have made available via thesesites used, published, copied and/or reprinted, should not post on the ABA Sites. Please note that otherparticipants may use posted information beyond the control of ABA. All User-Generated Content is readat your own risk, and ABA recommends that you not rely on the information or advice in any of thesepostings.

ABA retains the right to remove any content for any reason, including but not limited to, content that itdeems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacylaws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal.ABA also retains the right to ban or block a user from posting on ABA social media profiles withoutnotice for a pattern of inappropriate postings or as it deems necessary.

You acknowledge, consent and agree that ABA may access, preserve and disclose your accountinformation and the User-Generated Content you have posted if required to do so by law or in a goodfaith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of ABAto: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or(e) protect the rights, property or personal safety of ABA, ABA members, Users of the ABA Sites and thepublic.

11. Responsibility for Use of the Internet and the ABA Sites and Exclusion of Liability. Use of theInternet and the ABA Sites is solely at your risk and is subject to, without limitation, all applicable local,state, national and international laws and regulations. Unless expressly required by law, ABA does notguarantee the confidentiality or security of any communication or other material transmitted to or fromthe ABA Sites over the Internet or other communication network. ABA shall not be obligated to corrector update the ABA Sites, the ABA Content, the User-Generated Content, and shall not be liable foromissions, typographical errors, or out-of-date information which may appear on the ABA Sites. 3

12. No Legal Advice and Disclaimer as to Accuracy of Information. The information contained in theABA Sites and ABA Content are for informational purposes only and may or may not reflect the mostcurrent developments; accordingly, information on the ABA Sites is not promised or guaranteed to becorrect or complete, and should not be relied upon as such. The materials on the ABA Sites and ABAContent do not constitute business or legal advice and do not necessarily reflect the opinions ofABA. You acknowledge and agree ABA shall not be liable to you or any other party for any act or failureto act relating thereto, in addition to the limitation of liability claims contained in this Terms of Use.

14. Notice for Claims of Intellectual Property or Copyright Infringement. ABA respects theintellectual property of others, and, particularly as to User-Generated Content (as defined above) incomments, discussion boards or in other user contributed content, as applicable, we ask our users to dothe same. If you believe that your work has been copied in a way that constitutes copyright infringement,or your intellectual property rights have been otherwise violated, please provide the following informationto the ABA Office of the General Counsel (contact information below):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of thecopyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the ABA Sites;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice isaccurate and that you are the copyright or intellectual property owner or authorized to act on the copyrightor intellectual property owner’s behalf.

For notice of claims of copyright or other intellectual property infringement:

By mail:American Bankers Association

1333 New Hampshire Avenue, NW

Washington, DC 20036Attn:

Office of the General Counsel

By email:Seth Rappaport, Vice President & Senior Counsel, Intellectual Property ([email protected]); with acopy to [email protected]

By phone: (202) 663-7637

15. Advertisers. The ABA Sites may contain advertisements. The inclusion of advertisements on theABA Sites does not imply endorsement of the advertised products or services. ABA shall not beresponsible for any loss or damage of any kind incurred as a result of the presence of such advertisementson the Sites. Further, ABA shall not be responsible or liable for the statements or conduct of any thirdpartyadvertisers appearing on the ABA Sites. You shall be solely responsible for any correspondence ortransactions you have with any third-party advertisers.

16. Links to Third-Party Websites. The ABA Sites may provide links (including any link through anonline banner advertisement) to other sites on the Internet for your convenience. These other sites aremaintained by third parties over which ABA exercises no control. The appearance of any such third-partylinks is not intended to endorse any organization, company, or product. If you decide to access any of thethird-party sites linked to the ABA Sites, you do so entirely at your own risk. ABA makes norepresentations or warranties with respect to any linked site. On such sites, you are subject to the variousterms of services associated with using such sites, including, but not limited to, the third-party sites’ termsof use, privacy policy, copyright policy. For more information, consult the host website user policies.Information (comments, photos, videos, etc.) you share with or post to ABA social mediaprofiles/accounts/pages is also subject to the terms of service of the host sites and may be used by theowners of the host sites for their own purposes under the host site user policies.

17. Links to Websites, Content, Sharing of Content. Links posted by third parties to the ABA Sitesand/or ABA Content may not use the ABA trademark or logo and shall not suggest that ABA promotes orotherwise endorses any third-party products, business relationships, services, causes, campaigns,websites, content, or information. Any links to any portion of the ABA Sites shall be the responsibility ofthe linking party. ABA reserves the right to require any linking party to disable or remove any link thatviolates ABA's policies, rights, or causes interruption or deterioration of ABA Content.

Sharing of Content. You may download, copy, or embed ABA Content and other downloadable itemsdisplayed on the ABA Sites for personal use only, provided that you maintain all copyright and othernotices contained therein. Copying or storing of any ABA Content for any purpose other than personaluse is expressly prohibited without prior written permission from the ABA. To request this permission,please complete the Copyright Reprint Permission Request Form or contact the copyright holderidentified in the copyright notice contained in the ABA Content. ABA reserves the right to require anyparty sharing ABA content to disable or remove the content should its use violate ABA's policies, rights,or cause interruption or deterioration of ABA Content.

18. Warranties Disclaimed. The ABA Sites and ABA Content are provided "as is" and "asavailable." Neither ABA, its affiliates, subsidiaries, employees, officers, members, or trustees nor any ofits agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors(collectively "ABA Parties") provide any express or implied representation or warranty of any kind,including without limitation, any representation or warranty that (i) the ABA Sites or ABA Content, orany results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access tothe ABA Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products,services, information or other material purchased or obtained by you through the ABA Sites will meetyour expectations; or (iv) ABA Content will remain unchanged or accessible on the ABA Sites. Allwarranties, express or implied, are disclaimed to the fullest extent permitted by law including, withoutlimitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement ofintellectual property. You understand and acknowledge that your sole and exclusive remedy with respectto any defect in or dissatisfaction with the ABA Sites or ABA Content is to cease using the ABA Sitesand ABA Content.

19. Exclusion of and Limitation of Liability. The ABA Parties shall not be liable, and disclaim anyliability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory,consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever inconnection with, as a result of, or arising (i) out of the use of or inability to use the ABA Sites and/or anyABA Content; (ii) from any interruption in the availability of the ABA Sites and/or ABA Content; (iii)from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goodsor services resulting from any problems with the goods, content and/or services purchased or obtainedfrom the ABA Sites, or transactions entered into, through or from the ABA Sites; (v) from unauthorizedaccess to or alteration of your transmissions or data; (vi) from statements or conduct of any third party onthe ABA Sites; (vii) from any delay or failure of the ABA Sites arising out of causes beyond ABA’scontrol; (viii) out of the use of, reference to, or reliance on, the ABA Content; (ix) out of any third partymaterials, information, products and services contained on, or accessed through, the ABA Sites (x) out ofany content, materials, accuracy of information, and/or quality of the products, services or materialsprovided by or advertised on third party websites; or (xi) out of any other matter relating to the ABA Sitesor ABA Content.

20. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties orconditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach ofcontract or breach of implied terms, or incidental or consequential damages. Accordingly, only the abovelimitations in Sections 18 and 19 that are lawful in your jurisdiction will apply to you and ABA's liabilitywill be limited to the maximum extent permitted by law.

21. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and holdharmless the ABA Parties from and against all claims arising from or in any way related to your use of theABA Sites and/or ABA Content, a violation by you of these Terms of Use or the ABA Code of Conduct,or any other actions connected with your use of the ABA Sites and/or ABA Content, including anyliability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs andattorneys’ fees. ABA will provide prompt written notice of any such claims, but failure to provide suchnotice will not release you from any of your obligations pursuant to this Section except to the extent thatyou are actually prejudiced by such failure, and will not relieve you from any other liability that you mayhave to the ABA Parties other than under this Section.

22. Term and Termination. These Terms of Use will take effect at the time you begin using the ABASites. The ABA reserves the right, with or without notice, at any time, and for any reason to deny youaccess to the ABA Sites or to any portion thereof, and to terminate these Terms of Use. These Terms ofUse will terminate automatically if you fail to comply with the terms set forth herein. You may terminatethese Terms of Use at any time by ceasing to use the ABA Sites, but all applicable provisions of theseTerms of Use will survive such termination. Upon termination, you must destroy all copies of any portionof the ABA Sites, including any ABA Content, in your possession.

23. Arbitration; Venue. Any controversy or claim (“Claim") you have arising out of or relating to theseTerms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered bythe American Arbitration Association under its rules for resolution of commercial disputes. Any suchClaim shall be brought solely by you as an individual and not as part of, or as a representative of, a class.The arbitration shall be held in Washington, DC. All submissions to the arbitrator, the proceedings andthe award shall be confidential. The arbitration shall be conducted on an expedited basis with minimaldiscovery. The arbitrator’s award shall be final and binding. The courts of the District of Columbia and/orthe United States District Court for the District of Columbia shall have exclusive jurisdiction and venueover (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is notpermitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree tounconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you willnot object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenientforum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIALBY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMSOF USE. ABA reserves all rights and remedies available to it, in law or equity, with respect to any matterrelating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitratorshall have no authority to proceed with an arbitration on a class or representative basis. No arbitration willbe consolidated with any other arbitration proceeding without the consent of all parties. Any claim orcontroversy as to the enforceability of this arbitration provision’s restriction on your right to participate inor pursue a class action or class-wide arbitration shall be brought only in the United States District Courtfor the District of Columbia or any State of court located in Washington, DC.

24. Governing Law. These Terms of Use and all matters regarding your use of the ABA Sites shall begoverned by, construed in accordance with, and enforced under the laws of the State of applicable tocontracts made and executed and wholly performed in the District of Columbia, without regard to choiceof law principles. Neither the Uniform Computer Information Transaction Act nor the United NationsConvention on Contracts for International Sale of Goods apply and their applicability is expresslyexcluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible inany legal, investigative or regulatory proceedings.

25. Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms ofUse shall not constitute a waiver of such right or provision. If any provision of these Terms of Use isfound by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall beenforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

26. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms orConditions incorporated by reference, and any Click-through Agreements, constitutes the entireagreement between you and the relating to the ABA Sites and its use by you, and supersedes any previouswritten or oral communication regarding use of the ABA Sites.

27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of actionarising out of or related to your use of the ABA Sites must be filed by you within one (1) year after suchclaim or cause of action arose or be forever barred.

28. Use of Websites and Content outside of the United States. ABA makes no claims regarding accessor use of the ABA Sites or the ABA Content outside of the United States. If you use or access the ABASites or the ABA Content outside of the United States, you do so at your own risk and are responsible forcompliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

29. Social Media Non-Endorsement. ABA provides opportunities for user interaction within its ABASites and on its social media profiles on sites such as Facebook, X (formerly known as Twitter),LinkedIn, Instagram, and other sites/platforms. On those social media accounts, content and links to otherInternet sites should not be construed as an endorsement of the organizations, entities, views, or contentcontained therein. ABA is not responsible for content or links posted by others.

30. Contact Information. If you have any questions or concerns regarding these Terms of Use or theABA Sites, please visit our Contact Us page.

This Terms of Use is subject to amendment or modification at any time.