Terms of Service

1. Acceptance of Terms

These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Dirt Cheap Banks (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at www.DirtCheapBanks.com (the “Site”), including all content, data, tools, screeners, tear sheets, forum features, maps, and any other services or functionality made available through the Site (collectively, the “Services”).

By accessing, browsing, or using the Site or any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease all use of the Site and Services.

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Site with an updated “Last Updated” date. Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of such changes. It is your sole responsibility to review these Terms periodically.

2. Eligibility and Geographic Restrictions

2.1 Age Requirement

You must be at least eighteen (18) years of age to access or use the Site or Services. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Geographic Restriction — European Economic Area, United Kingdom, and Switzerland

The Site and Services are not intended for, directed to, or available to any person located in, resident of, or a citizen of any member state of the European Economic Area (EEA), the United Kingdom (UK), or Switzerland (collectively, “Restricted Territories”).

By accessing or using the Site, you represent and warrant that you are not located in, resident of, or a citizen of any Restricted Territory. If you are located in, a resident of, or a citizen of any Restricted Territory, you are strictly prohibited from accessing, using, or registering for the Site or any of the Services, and you must immediately discontinue all access and use.

We do not intentionally collect, process, or store personal data of individuals located in the Restricted Territories. We disclaim any and all obligations under the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK GDPR, the Swiss Federal Act on Data Protection, and any related or successor legislation. If you access the Site from a Restricted Territory in violation of this Section, you do so entirely at your own risk and we shall have no liability to you whatsoever.

We reserve the right, but have no obligation, to implement technical measures (including but not limited to IP-based geoblocking) to restrict access from Restricted Territories. The absence of such measures shall not be construed as consent, invitation, or authorization for users in Restricted Territories to access the Site or Services.

2.3 Additional Jurisdictional Restrictions

You are solely responsible for determining whether your access to and use of the Site and Services is lawful in your jurisdiction. You represent and warrant that your use of the Site does not violate any applicable law, regulation, or rule in your jurisdiction. We reserve the right to restrict or terminate access from any jurisdiction at any time, in our sole discretion and without prior notice.

3. Account Registration

Certain features of the Services may require you to create an account. When registering, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activity that occurs under your account; and (e) immediately notify us of any unauthorized use of your account.

We reserve the right to suspend, disable, or terminate your account at any time, for any reason or no reason, in our sole discretion, without prior notice or liability to you. One person or entity may maintain only one account. Sharing account credentials with any third party is strictly prohibited.

4. Subscription, Payment, and Trial

We may offer free trial periods, free-tier access, and paid subscription plans. Specific pricing, features, and terms applicable to each plan are described on the Site and may be modified at any time.

4.1 Free Trial

Free trial access is limited to one trial per person and per household. We reserve the right to revoke trial access, require payment information, or modify trial terms at any time. Abuse of the trial program (including creating multiple accounts) may result in immediate termination without notice.

4.2 Paid Subscriptions

By purchasing a subscription, you authorize us to charge your designated payment method on a recurring basis at the then-current rate until you cancel. Subscription fees are non-refundable except as expressly provided herein or required by applicable law. We may change subscription pricing at any time; price changes will take effect at the start of the next billing cycle following notice.

4.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period. No partial refunds or credits will be issued for unused portions of a billing period.

5. No Investment Advice; Informational Purposes Only

The Site and Services, including but not limited to all data, content, screener results, tear sheets, FDIC Call Report data, financial metrics, forum posts, maps, analyses, commentary, and any other information or materials provided through the Site (collectively, “Content”), are provided solely for general informational and educational purposes.

Nothing on the Site or in the Services constitutes, or is intended to constitute, investment advice, financial advice, tax advice, legal advice, trading advice, a recommendation, an endorsement, or a solicitation to buy, sell, hold, or otherwise transact in any security, financial instrument, or investment product. No fiduciary, advisory, or professional relationship is created between you and the Company by your access to or use of the Site or Services.

You acknowledge and agree that: (a) any investment decisions you make are made solely at your own risk and discretion; (b) you should consult with a qualified, licensed financial advisor, broker, attorney, or tax professional before making any investment decision; (c) past performance of any security is not indicative of future results; (d) the Company and its owners, operators, employees, affiliates, and contributors may hold positions in securities discussed or referenced on the Site; and (e) such positions may be acquired or disposed of at any time without notice.

6. Data Sources, Accuracy, and Limitations

The Site aggregates and displays data from publicly available sources, including but not limited to the Federal Deposit Insurance Corporation (“FDIC”), the Federal Financial Institutions Examination Council (“FFIEC”), the National Credit Union Administration (“NCUA”), the U.S. Securities and Exchange Commission (“SEC”), OTC Markets, stock exchanges, and other third-party data providers.

We do not guarantee, represent, or warrant the accuracy, completeness, timeliness, reliability, suitability, or availability of any data, content, or information displayed on or through the Site. Data may contain errors, omissions, inaccuracies, or delays. All data and content are provided strictly on an “as is” and “as available” basis.

You acknowledge that: (a) financial data is subject to reporting lags, revisions, and corrections by originating agencies; (b) calculated metrics, ratios, and derived data points may contain computational errors; (c) data may not reflect the most current information available; (d) stock prices and market data may be delayed; and (e) you should independently verify all data before relying on it for any purpose. We have no obligation to update, correct, or supplement any data or content on the Site.

7. Intellectual Property

All proprietary content on the Site, including but not limited to the Site’s design, layout, look and feel, graphics, logos, trademarks, service marks, trade dress, software, code, screener functionality, and original written content, is owned by or licensed to the Company and is protected by United States and international intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your personal, non-commercial use only, subject to these Terms. You shall not: (a) reproduce, distribute, publicly display, publicly perform, modify, create derivative works from, or otherwise exploit any Content or proprietary materials; (b) scrape, crawl, spider, harvest, or use any automated means to access or collect data from the Site; (c) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software used on the Site; (d) frame, mirror, or incorporate any portion of the Site into any other website or service; (e) resell, redistribute, sublicense, or commercially exploit the Site, Services, or any Content; or (f) circumvent, disable, or interfere with any security or access-control features of the Site.

8. User-Generated Content and Forum

The Site may include forums, discussion boards, or other features that allow you to post, submit, or share content (“User Content”). You retain ownership of your User Content, but by posting User Content on the Site, you grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content in connection with operating and providing the Services.

You represent and warrant that: (a) you own or have the necessary rights to post your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property, privacy, or other rights; and (c) your User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or otherwise objectionable.

User Content, including all forum posts, comments, discussions, and opinions, represents the views of the individual poster only and does not represent the views, opinions, recommendations, or endorsements of the Company. We do not verify, endorse, or assume responsibility for any User Content. Reliance on any User Content is entirely at your own risk.

We reserve the right (but have no obligation) to monitor, edit, move, or remove any User Content at any time, for any reason, in our sole discretion and without notice. We may terminate or suspend your access to the forum or the Site if we determine, in our sole discretion, that you have violated these Terms or engaged in conduct detrimental to the community or the Site.

9. Prohibited Conduct

In connection with your use of the Site and Services, you agree not to: (a) violate any applicable law, regulation, or rule; (b) use the Site for any unlawful or fraudulent purpose; (c) transmit any viruses, malware, or other harmful code; (d) engage in market manipulation, securities fraud, or dissemination of misleading or false information; (e) impersonate any person or entity; (f) harass, threaten, stalk, or abuse other users; (g) use the Site to send unsolicited advertising, spam, or promotional materials; (h) interfere with or disrupt the integrity or performance of the Site or Services; (i) attempt to gain unauthorized access to any systems, networks, or accounts; (j) use any automated system, bot, scraper, or data-mining tool to access or collect data from the Site without our express written permission; or (k) assist or encourage any third party in doing any of the foregoing.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Site, Services, and all Content are provided on an “as is,” “as available,” and “with all faults” basis, without any warranty or representation of any kind, whether express, implied, statutory, or otherwise.

The Company hereby disclaims all warranties, including but not limited to: (a) implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; (b) warranties arising from course of dealing, course of performance, or usage of trade; (c) warranties that the Site or Services will be uninterrupted, error-free, secure, virus-free, or free of harmful components; (d) warranties that the Content or data is accurate, complete, reliable, current, or timely; and (e) warranties that defects will be corrected.

No advice or information, whether oral or written, obtained by you from the Company, its affiliates, or through the Site or Services shall create any warranty not expressly set forth herein.

Some jurisdictions do not allow the exclusion of certain implied warranties. In such jurisdictions, the above exclusions shall apply to the fullest extent permitted by applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its owners, officers, directors, employees, agents, affiliates, licensors, data providers, contractors, or any party involved in creating, producing, or delivering the Site or Services (collectively, the “Company Parties”) be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, investment losses, trading losses, or cost of substitute services, regardless of the theory of liability (whether in contract, tort, negligence, strict liability, warranty, or otherwise) and whether or not the Company Parties have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of the Company Parties for any and all claims arising out of or relating to these Terms, the Site, or the Services shall not exceed the greater of: (a) the total amount you paid to the Company for use of the Services in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. dollars ($100.00).

You specifically acknowledge and agree that the Company Parties shall not be liable for any losses, damages, or claims arising from or related to: (a) your investment decisions, trading decisions, or financial decisions made in reliance on any Content, data, or information from the Site; (b) errors, inaccuracies, or omissions in any data or content; (c) any unauthorized access to or use of your account; (d) any interruption or cessation of the Services; (e) any viruses or harmful code transmitted through the Site; (f) any User Content or third-party content; or (g) your violation of any applicable law or regulation.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Site or Services; (b) your violation of these Terms or any applicable law; (c) your User Content; (d) your investment, trading, or financial decisions; (e) your infringement or misappropriation of any third party’s rights; or (f) any dispute between you and any third party. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

13. Third-Party Links and Content

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. We provide such links solely as a convenience and do not endorse, warrant, or assume responsibility for the content, accuracy, or practices of any third-party sites. Your access to and use of third-party sites is at your own risk and subject to the terms and conditions of those sites. We shall have no liability for any loss or damage arising from your use of or reliance on any third-party site or content.

14. Privacy

Your use of the Site is also subject to our Privacy Policy, which describes how we collect, use, and disclose information. By using the Site, you consent to the practices described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy, these Terms shall control with respect to the subject matter hereof.

15. Termination

We may terminate or suspend your access to the Site and Services at any time, for any reason or no reason, with or without notice, and without liability to you. Upon termination: (a) all rights and licenses granted to you under these Terms shall immediately cease; (b) you must immediately cease all use of the Site and Services; and (c) any provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 5, 6, 7, 8, 10, 11, 12, 16, 17, 18, 19, and 20) shall survive.

16. Dispute Resolution and Arbitration

16.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

16.2 Mandatory Binding Arbitration

Except for disputes relating to intellectual property rights or claims for injunctive relief, any dispute, controversy, or claim arising out of or relating to these Terms, the Site, or the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, before a single arbitrator. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action or class-wide arbitration. If this class action waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void.

16.4 Jury Trial Waiver

To the fullest extent permitted by law, you and the Company each waive the right to a jury trial in any action, proceeding, or counterclaim arising out of or relating to these Terms, the Site, or the Services.

16.5 Time Limitation

Any cause of action or claim you may have arising out of or relating to these Terms, the Site, or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

17. Assumption of Risk

You expressly acknowledge and agree that your use of the Site and Services, and any investment or financial decisions you make, are entirely at your own risk. Investing in securities, including community and regional bank stocks and securities of thinly-traded, micro-cap, or OTC companies, involves substantial risk of loss, including the potential loss of your entire investment. Securities referenced on the Site may be illiquid, volatile, and subject to significant price fluctuations. You should only invest money that you can afford to lose entirely.

18. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, embargoes, government actions, regulatory changes, power failures, internet or telecommunications failures, cyberattacks, equipment failures, or labor disputes.

19. General Provisions

19.1 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

19.2 Entire Agreement

These Terms, together with the Privacy Policy and any Subscription Agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

19.3 Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

19.5 Notices

All notices to the Company should be sent to the email address designated on the Site’s “About” or “Contact” page. Notices to you may be made via the email address associated with your account or by posting on the Site.

19.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and do not confer any rights or remedies upon any third party.

19.7 Headings

The headings in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms.

20. Contact Information

If you have any questions about these Terms, please contact us through the contact information provided on the Site at www.DirtCheapBanks.com/about.

By using DirtCheapBanks.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.