Online Banking Online Account Aggregation Agreement
In this Agreement, please remember that "you" and "your" refer to the person who has enrolled in Online Account Aggregation and "we", "us" and "our" refer to RBC Bank.
This Agreement sets out your responsibilities and obligations and our responsibilities and obligations with respect to consolidating accounts from other financial institutions and persons, or one of our affiliates.
A copy of this Agreement will not be mailed to you unless you request it by telephoning us at 1-800-236-8872; accordingly, you should print or save this Agreement by using the "Print" or "File Save" options on your Internet Browser.
ACCEPTANCE OF AGREEMENT
The first time you use the Feature, or some other person on your behalf uses the Feature, you:
ONLINE ACCOUNT AGGREGATION TERMS AND CONDITIONS
In addition to the definitions in the Online Banking Service Agreement which may apply to certain words used in this Agreement, the following words will have the meanings given to each as set forth below.
This Agreement applies to the retrieval, consolidation, organization and presentment of Account Information. If there is an irreconcilable conflict between a provision contained in this Agreement and a provision contained in another agreement between you and us, with respect to the Feature, the provision contained in this Agreement will prevail to the extent of the conflict.
If you use the Feature, it will mean that you have read, understood and agreed to this Agreement.
We have developed privacy and security requirements and procedures governing access to and use of the Feature. These privacy and security requirements and procedures are set forth on our website at www.rbcbankusa.com. When you agree to the terms and conditions of this Agreement as provided under the section entitled "Acceptance of Agreement", you will be acknowledging that you have reviewed our privacy and security requirements and procedures, and you will be agreeing that such requirements and procedures are commercially reasonable and that you agree to be bound by such privacy and security procedures as the same now exist and may in the future exist. With respect to third party service providers, Weblinks and Weblink Relationships, you should refer to the section of this Agreement entitled "Weblinks".
You understand that we are using the technology and related services of CashEdge Inc. to operate and provide the Feature, and that we may also make use of other third parties to provide the Feature and other services with respect to Online Account Aggregation. The authority you grant to us and the agreements you have with us in this Agreement shall extend to CashEdge Inc. and any other third parties we use to provide the Feature and other services with respect to Online Account Aggregation, and many of the functions we say we will perform under this Agreement will be performed for us by CashEdge Inc. or some other third party we use for such purposes. Since CashEdge, Inc. is a "third party service provider" for us, we have a Weblinking Relationship with CashEdge, Inc. CashEdge, Inc., as a third party service provider, is an "independent contractor". You should refer to the Online Banking Service Agreement for terms and conditions relating to Weblinking Relationships and our liability and responsibility under those relationships. A link to the Online Banking Service Agreement is provided in the footer on the bottom of all Online Banking pages.
Designated Accounts / Account Providers
We will designate the types of accounts and the Account Providers that can be included by you in the Feature, and we may from time to time remove an account or Account Provider from, or add an account or Account Provider to, this designation in our sole and absolute discretion by updating such designation. You will choose the Accounts that you want to be included in the Feature from your designated accounts and Account Providers. This Agreement does not apply to your accounts that you can view via Online Banking without using the Feature, including your accounts with us, Action Direct Inc. and RBC Dominion Securities Inc.
You will provide us with the necessary Login Information and you agree to promptly update any Login Information when it changes.
To use the Feature, you can choose either of the following options regarding the use of your Login Information:
Access to Accounts
Authorization to Access Online Services
If you input your Login Information each and every time you want us to retrieve Account Information to be presented to you, your act of inputting such Login Information will constitute your direction and authorization to us to access an Online Service to retrieve, consolidate, organize and present Account Information to you, on your behalf, via the Feature. If you provide Login Information to us once for each account and we store it in encrypted form for later use, your act of providing such Login Information to us will constitute your continuing direction and authorization to us to comply with each request to provide Account Information to you, to access an Online Service to retrieve, consolidate, organize and present Account Information to you, on your behalf, via the Feature.
For the purposes of the Feature, you authorize and direct us to do and perform, on your behalf, any and all acts and things necessary to provide the Feature to you, to access an Online Service, and to retrieve, consolidate, organize and present Account Information to you, including without limitation, visiting the website of an Online Service, providing your Login Information or other information required to log into an Online Service, and retrieving and downloading Account Information. By providing to us your Login Information, (i) you are representing and warranting to us and each third party providing services with respect to the Feature that you are the legal owner of each Account and you have the right to give us this authorization and direction and (ii) you are agreeing that we, and each third party providing services with respect to the Feature, may rely and act upon this authorization until you terminate this Agreement in the manner provided below and we and they have had a reasonable time to act upon such termination.
Type of Account Information Retrieved from Account Providers
You understand that the Account Information retrieved by us is prepared by Account Providers, and as a result, you understand that you can only view Account Information that is made available for you to view via your Online Service with an Account Provider. You agree that we are not responsible for the timeliness, completeness or accuracy of the Account Information. In addition, you understand that the Account Information continues to be subject to any terms or conditions regarding such information imposed by Account Providers. Further, subject to the qualifications set forth below, you understand that we will retrieve Account Information only and that you must continue to access your Online Services to view any other information.
Retrieval of Other Information
You understand that we use scripts and filters to help ensure we retrieve Account Information only, but it is possible that other information is retrieved from your Online Service. If this occurs, unless you authorize us otherwise, we will not use that information in any way other than in connection with providing the Feature to you.
Blocked Access to Account Information
You understand that an Account Provider may take steps to block access to its Online Service or may have service or system failures or difficulties, and that this may temporarily or permanently prevent us from providing the Feature to you. You agree that we will not have any liability or responsibility to you if this occurs.
The Feature will not automatically update Account Information retrieved by us. In order to update Account Information that is presented to you, you understand that you must take the necessary steps to initiate such an update and that we have no responsibility to inform you of the need for you to take steps to initiate such updates.
No Responsibility for Account Providers
You understand that an Account Provider may not have consented to or endorsed, and may not have knowledge of, its inclusion as a designated Account Provider or access by us to its Online Service, and that in the context of the Feature, we are acting solely on your behalf, and not on behalf of any Account Provider. As such, we have no responsibility or liability to you for the acts or inactions of Account Providers.
You understand that we may provide a weblink from the Feature to the Online Service of an Account Provider for your convenience, and that we may provide other weblinks for your use. You understand and acknowledge that if you activate such a weblink you will leave our website and go to the website of the Account Provider or some other person, and you agree that we are not responsible or liable in any way for the website or Online Service of the Account Provider, or any other person unless we specifically provide to the contrary in this Agreement or the Online Banking Service Agreement. You also have previously reviewed and agreed to the terms and conditions set forth in the Online Banking Service Agreement relating to Weblinking Relationships and our liability for Weblinks. A link to the Online Banking Service Agreement is provided in the footer on the bottom of all Online Banking pages.
Fees/Debiting of Account
You agree to pay all fees that apply to the Feature. The fees which we may charge are stated in our "Schedule of Fees", a copy of which you received when you established your accounts with us. These fees may be changed from time to time by us and you will be notified of such changes prior to the time they take affect. We may, at our option, debit such fees at the time you incur them, and any other amounts you owe to us under or in connection with this Agreement, from any of your accounts with us - all without advance notice to you. Unless we otherwise agree, any payment must be made in money which is legal tender at the time of payment.
Our Responsibility and Liability
To the fullest extent permitted by applicable law, you agree that we shall not have, nor shall any third party providing services with respect to the Feature have any liability whatsoever for any loss, damage or claim arising out of any delay or failure in the performance of the Feature, or any part or parts of the Feature, substantially in accordance with the terms of this Agreement. We shall not be responsible, nor shall any third party providing services with respect to the Feature be responsible under any circumstances to you or to any other person for delays or failures in performance caused by events beyond our reasonable control or the reasonable control of any such third party service provider, including, but not limited to, delays or failures resulting directly or indirectly from labor slowdowns, stoppages, walkouts or strikes, boycotts, riots, protests or other civil disobedience, war (declared or undeclared), terrorism or threats of terrorism, quarantines, nuclear, chemical, biological or other types of contamination, national, regional or local emergencies, Acts of God, natural disasters, fire, outages of computers or equipment, failures of transportation, telecommunications, power, or computer hardware or software or governmental or quasi-governmental actions. In addition, we shall not be liable, nor shall any third party providing services with respect to the Feature be liable for any failure or delay in executing any transaction or other service under this Agreement, if such execution, in our opinion, would result in the violation of any applicable local, state or federal law, rule, regulation, ordinance, order, advisory opinion or guideline, or would result in the violation of any court or administrative order. To the fullest extent permitted by applicable law, you agree that we shall not have any liability, nor shall any third party providing services with respect to the Feature have any liability whatsoever for any loss caused by the act, error or omission of you or any other person, including, without limitation, your computer system or Internet service provider, and that we shall not have any liability, nor shall any third party providing services with respect to the Feature have any liability for the acts or inactions of the other, unless otherwise specifically so provided in this Agreement or the Online Banking Service Agreement. You agree that in no event shall we be liable for, nor shall any third party providing services with respect to the Feature be liable for lost profits or any indirect, special, consequential or punitive damages in connection with the Feature or any other matter contemplated by this Agreement, including the use, misuse, or inability to use the Feature or the loss of any data, even if we or such third party service provider were advised of the possibility of such damages. Except as otherwise specifically provided in this Agreement, (i) your sole remedy for any failure or non-performance of the Feature or any other matter within the contemplation of this Agreement shall be for us or any such third party service provider, as applicable, to use commercially reasonable efforts to effectuate an adjustment or repair to the Feature, and (ii) our total liability to you and the total liability of each third party providing services with respect to the Feature to you, regardless of the claim, shall be limited to the total amount of monthly fees paid by you for the specific service that was the basis of your claim.
Without limiting the foregoing, but in addition thereto, in no event will we be liable for any loss or damage suffered by you that is caused by:
THE FEATURE, AND EACH AND ALL PARTS OF THE FEATURE AND SERVICES RELATED THERETO, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. WE DO NOT MAKE, NOR DOES ANY THIRD PARTY PROVIDING SERVICES WITH RESPECT TO THE FEATURE, OR ANY PART OR PARTS OF THE FEATURE, MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING THE FEATURE, OR ANY SERVICES OR SOFTWARE RELATED TO THE FEATURE, OR YOUR INTERNET BROWSER OR OTHER EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
Except as specifically provided to the contrary in this Agreement or the Online Banking Service Agreement, and to the extent permitted by applicable law, you will indemnify us and all third parties providing services with respect to the Feature against any and all claims, liabilities, costs and expenses, including attorneys' fees, incurred by us or them in connection with providing the Feature to you. In addition, to the extent permitted by applicable law, you agree to release us and all third parties providing services with respect to the Feature, from any and all claims, liabilities, costs and expenses, including attorneys' fees, incurred by you in connection with the Feature.
Arbitration Of Disputes
All unresolvable disputes or claims concerning the Feature (excluding termination of the Feature by us as provided in this Agreement, or your breach of your obligations regarding proprietary and confidential information belonging to us or any third party providing services relative to the Feature), will be decided by binding arbitration under the expedited procedures of the Commercial Financial Disputes Arbitration Rules of the American Arbitration Association ("AAA") and Title 9 of the U.S. Code. Arbitration hearings will be held in Rocky Mount, North Carolina or such other location mutually agreed upon. A single arbitrator will be appointed by the AAA and will be a retired judge or attorney with experience or knowledge in banking transactions. The arbitrator will award the filing and arbitrator fees to the prevailing party. A judgment on the award of the arbitrator may be entered by a court.
All disputes or claims regarding the Feature and any other matter which is the subject of this Agreement shall be brought within one year from the date of the accrual of the cause of action. You agree that we shall be entitled to temporary or permanent injunctive relief from any court of competent jurisdiction to enforce the provisions of and to restrain or prevent any breach, default or further violation by you under this Agreement, without being required to post any bond or other security whatsoever. In the event of arbitration or litigation regarding the term, performance or subject matter of this Agreement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees.
Disclosure Of Account Information To Other Persons
It is our general policy to treat your account information as confidential and to abide by applicable state and federal privacy laws, including the Gramm-Leach-Bliley Act, as amended from time to time. However, we will disclose information to other persons about your account or the transactions you make only in the following situations: (i) where it is necessary for completing transactions; (ii) where it is necessary for activating additional services; (iii) in order to verify the existence and condition of your account to another person, such as an Account Provider; (iv) to a consumer reporting agency for research purposes only; (c) in order to comply with a governmental agency or court orders; or, (v) if you give us your permission.
Ownership Of Materials
The content and information on our website is copyrighted by us, or our affiliates or our licensors, and the unauthorized reproduction or distribution of any portions is prohibited. You agree to not take any action that jeopardizes our proprietary rights, or those of our affiliates or licensors, and you agree that under no circumstances will you acquire any rights in Online Account Aggregation or the Feature.
We respect the privacy of your children and we comply with the practices established under the Children's Online Privacy Protection Act, as amended from time to time. We do not knowingly collect or retain personally identifiable information from people under the age of thirteen.
Illegal Use of Feature
You agree not to use the Feature 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 the rights of others.
Our records and those of any third party used by us to provide the Feature, including the retrieval, consolidation, organization and presentment of the Account Information, will be binding on you, and we may use those records in any legal proceeding.
Changes to Agreement
We may change this Agreement from time to time. You will be given at least thirty (30) days prior notice of each change, directed to your mailing or e-mail address last appearing on your records, or made available to you through the Feature, Online Banking or any other online service that you are enrolled in with us. If you continue to use the Feature after the effective date of a change, it will mean that you have agreed to the change.
Suspension and Termination
You may terminate this Agreement at any time by taking the required steps within Online Banking. Your termination will be effective within one (1) business day of requesting such termination, but we will be given a reasonable time to act upon the termination after receiving notice of the termination from you. We may suspend your use of the Feature for any reason at any time without prior notice; and, we may terminate this Agreement for any reason at any time by giving written notice to you in the manner provided in this Agreement or the Online Banking Service Agreement.
On suspension of the Feature, or on termination of this Agreement by you or us, you are not relieved of your obligations under this Agreement until they have been completely satisfied; and all of the provisions of this Agreement which by their nature are intended to survive termination shall survive (e.g., provisions under sections "Limitation on Liability", "Indemnities", "Ownership of Material").
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement and such invalid or unenforceable provision shall be deemed to be severable.
You may not assign this Agreement to any other person. We may assign this Agreement to any affiliated person. We may also assign or delegate certain of our rights and responsibilities under this Agreement to third party service providers, and such third party service providers may do the same.
We shall not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by one of our authorized officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions and Use of Terms
The captions of sections and headings in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Words in the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular numbered meaning include the plural number, and vice versa; and, as the context requires, the word "and" may have a joint meaning or a several meaning and the word "or" may have an inclusive meaning or an exclusive. References to "person" includes firms, companies, associations, general partnerships, limited partnerships, limited liability partnerships, limited liability limited partnerships, limited liability companies, trusts, business trusts, corporations and other organizations, including public and quasi-public bodies, as well as individuals (i.e., natural persons).
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.
Equal Credit Opportunity Act Notice
The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. If you believe you have been discriminated against, you should send your complaint to:
Fair Lending Notice
We do business in accordance with the federal Fair Housing Act. Under the Fair Housing Act, IT IS ILLEGAL TO DISCRIMINATE AGAINST any person because of race, color, religion, sex, handicap, familial status, (having one or more children), or national origin:
If you feel you have been discriminated against you should send a complaint to: