Terms and Conditions

Important Terms Regarding Your Participation:

Welcome to FindABetterBank (the “Service”). We are glad that you have decided to use the Service. Before you begin using the Service, it is important that your review these Terms of Participation (these “Terms”). The Service is operated by Novantas, Inc. and offered to you free of charge. These Terms are an agreement between you and Novantas, Inc. (“Novantas”),located at 485 Lexington Avenue, New York NY 10017.

1. Acceptance of Terms

By using this website, you agree to these Terms. If you do not accept these Terms, you may not use the Service. These Terms may be updated from time to time by Novantas. Upon any change, Novantas will notify you by electronic mail or by a link to the revised Terms. If you continue to use the Service thereafter, your continued participation constitutes acceptance of the changes and an agreement to be bound by these Terms, as amended. If you do not agree to the changes, you must discontinue your use the Service. You can review the most current version of these Terms at any time at: www.findabetterbank.com.

The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, users under the age of eighteen (18) are not permitted to register for the Service. Any attempt by users under the age of eighteen (18) to register for the Service will be void.

The Service is intended for use only by individuals located in the United States.

2. Description of Service

Using FindABetterBank. The Service is designed to help you identify the bank and checking account that suits you best. To refine your search, you have the option entering your street address and zip code, as well as answer questions about how you bank and what types of checking account features you need. Novantas will use this information to find banks and checking accounts that meet your criteria and have the lowest fees. The service enables you to compare checking accounts based on convenience (closest location to your address, most locations within a specified radius of your address), fees (i.e., ATM fees, overdraft fees) and features (i.e., interest-bearing account, free online billpay).

3. Use of the Service

A. Service Limitations.

Novantas will try to make your experience with the Service productive. However, Novantas cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that the Service is provided “AS-IS”, without warranties of any kind. Novantas does not assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings.

B. Service Changes and Discontinuation.

Novantas reserves the right to change, or discontinue, temporarily or permanently, the Service at any time without notice. You agree that Novantas will not be liable to you or any third party for any modification or discontinuance of the Service.

C. Privacy Policy.

Please refer to www.findabetterbank.com for Novantas’s Privacy Policy with respect to Novantas’s treatment of the information that you provide to Novantas through your use of the Service.

4. User Obligations

A. Restrictions.

(i) You agree not to use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes on the personal or proprietary rights of others. (ii) You may not place a link to the Web Site on any other web site, or frame the Web Site within another web site, without Novantas’s prior written permission. (iii) Any access or attempt to access areas of the Novantas computer system or other information contained on the system, other than the Service, for any purpose is strictly prohibited. You may not use any robot, spider, other automatic device, or manual process to monitor, “mine,” or copy the Web pages on the Web Site or the content contained therein. You may not use the Service, or any information obtained from the Service, to send spam or unsolicited commercial e-mail to any other user of the Service for any reason. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not take any action that imposes an unreasonable or disproportionately large load on Novantas’s infrastructure.

B. Proprietary Rights.

You acknowledge and agree that Novantas and/or its licensors own all rights to the Service, its content, the surveys you may participate in, and any published materials, whether printed or on the Web Site. You may use this content only as expressly authorized by the Service. You agree not to reverse engineer or reverse compile any of Novantas’s and/or its licensors’ technology.

All materials related to Novantas and/or the Service, including, without limitation, software, text, graphics and other files, and the selection and arrangement thereof (the “Content”), are the exclusive property of Novantas or its content suppliers, and are protected by United States and international copyright laws. You may not distribute, copy, reproduce, display, republish, download, or transmit any Content without prior written approval of Novantas. You may not “mirror” the Content on any other server without prior written permission from Novantas.

The trademarks, service marks, trade names, and logos (collectively, the “Trademarks”) used and displayed on the Web Site and the Service are registered and unregistered trademarks of Novantas. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Novantas, and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by Novantas, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Novantas. The Trademarks used and displayed on the Web Site and the Service are and shall remain the sole property of Novantas. Nothing in these Terms shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on the Web Site and/or the Service. The misuse of the Trademarks displayed on the Web Site and/or the Service, or any other content on the Web Site and/or the Service, is strictly prohibited.

5. Rights You Grant to Novantas

Subject to Novantas’s Privacy Policy, you hereby grant Novantas a license to use any information, data, passwords, materials, feedback, ideas, trade secrets, know-how, confidential information, or other materials (collectively, “User Content”) you provide through or to the Web Site and the Service. Novantas may use, modify, display, distribute, and create new material using User Content in any manner, at Novantas’s sole discretion. By submitting User Content, you automatically agree, or promise that the owner of such User Content has expressly agreed that, without any particular time limit, and without the payment of any additional fees, Novantas may use the User Content for the purposes set out above.

6. Disclaimer of Warranties and Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK; (II) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NOVANTAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE; (III) NOVANTAS MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED, OR (e) THE WEB SITE OR ANY SERVER FROM WHICH THE WEB SITE IS MADE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; and (IV) NEITHER NOVANTAS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, ACCOUNT PROVIDERS, SUBCONTRACTORS, LICENSORS, LICENSEES, OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF NOVANTAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL

7. Third-Party Products and Services.

The Web Site may contain links to third party web sites. Any such links are provided for your convenience only. If you use these links, you will leave the Web Site. Novantas makes no effort to review the content of these sites, nor is Novantas responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. In addition, Novantas does not endorse or control the content of these sites and is not responsible for any content of such sites, even though such content could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringes or may infringe upon the intellectual property or other rights of another. Your use of any such third party web sites is at your own risk. Novantas specifically disclaims any liability for any claim, damage, loss or expense which you may incur, directly or indirectly, as a result of your use of or reliance on any such third party web site. Novantas further reserves the right to terminate a link to a third party web site at any time.

8. Indemnification

You agree to indemnify, defend and hold Novantas and Novantas’s officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assigns harmless from and against any and all claims, liabilities, damages, losses and expenses (including, without limitation, attorneys’ fees and costs of investigation) arising out of, based on, or in connection with your access to or other use of the Service or your violation of these Terms.

9. Miscellaneous.

This agreement cannot be changed, nor may any of Novantas’s rights be waived, unless Novantas agrees in writing or you continue using the Service following receipt of notice of any changes made by Novantas. This agreement is personal to you and you may not assign it to anyone. All notices to you shall be in writing and shall be made either via email or conventional mail, at Novantas’s discretion. Novantas may broadcast notices or messages through the Service to inform you of changes to these Terms, the Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to Novantas must be made in writing to our address set forth above. If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the State of New York, without regard to its conflicts of laws provisions, govern the interpretation and performance of this agreement. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York and waive any jurisdictional, venue or inconvenient forum objections to the exclusive jurisdiction of such courts. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms are the entire agreement between you and Novantas with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Novantas with respect to the Service