RBFCU Member Insight Community Participant Agreement

Members who are interested in helping shape the future of our digital products and services are invited to join our Member Insight Community. This virtual community will help to guide decision making for Online Banking and the RBFCU Mobile® app through User Research Events, giving us the opportunity to hear from the most vital part of our credit union: YOU!

If you’re interested in joining the Member Insight Community, please fill out this form. The information you provide will help us identify members who are best suited to participate in User Research Events.

This Participant Agreement (“Agreement”) contains all of the terms and conditions which govern my participation in Randolph-Brooks Federal Credit Union’s (“RBFCU”) User Research Event (“Event”) and RBFCU’s use of any data or information I provide as part of the activity (“Data”). This Agreement is made and entered into between myself and RBFCU, and is effective as of the date of acceptance by me.

In consideration of being permitted to participate in the Event referenced above, and all other activities conducted in conjunction therewith, after reading this Agreement completely and carefully, I acknowledge that my participation in the Event is entirely voluntary, that I may refuse to take part or end the Event at any time, and I understand and agree as follows:

LICENSE: Subject to the terms and conditions hereof, RBFCU hereby grants me, for the period from the date hereof until the Event of RBFCU Products/Services (“RBFCU Products/Services”) is complete as determined by RBFCU (the “Event Period”), a limited non-exclusive, non-transferable, revocable license to access, download, and use RBFCU Products/Services solely for the purpose of evaluating RBFCU Products/Services for RBFCU. By participating in the Event, I acknowledge and agree that all copyright, trademark, trade secret and other proprietary rights in RBFCU Products/Services, the content of the Event and each report and other deliverable generated from the Event and all intellectual property contained therein will remain the exclusive property of RBFCU.

PARTICIPANT’S RESPONSIBILITIES: I understand that the Event will involve the following responsibilities on my part: (1) accepting this Agreement, (2) using RBFCU Products/Services during the Event Period, and providing Feedback (as defined below) to RBFCU, all in accordance with RBFCU’s directions.

FEEDBACK: I agree that during and after the Event Period, I will provide reasonable feedback on any aspect of the Event as requested by RBFCU. I understand that any feedback, ideas, modifications, suggestions, improvements, and the like made by me with respect to the Event and RBFCU Products/Services (collectively, “Feedback”) will be the property of RBFCU. I also agree that RBFCU may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any product, technology, service, specification or other documentation (collectively, “RBFCU Offerings”) and I grant to RBFCU an unrestricted, irrevocable, and royalty-free license to use the Feedback for any purpose whatsoever, including but not limited to incorporating the Feedback into any RBFCU Offerings for use, assignment, license, or other transfer to third parties.

CONFIDENTIALITY: I acknowledge and agree that RBFCU Products/Services, including the existence and features of RBFCU Products/Services, this Event, my participation in this Event, and all information related to this Event, including any and all Feedback (as defined above) constitute the confidential and propriety information of RBFCU (“Confidential Information”). I agree to protect and not disclose such Confidential Information to any person or entity other than RBFCU or agents specifically authorized by RBFCU. I will not: (a) copy, print, store, forward or attempt to do any of these acts with respect to any images, pages or materials presented to me in any format or manner during the Event; or (b) disclose any Confidential Information, including any Feedback, screen shots, video, in any manner, including to any blog or social media postings, product reviews or similar forums. I agree that I shall not use or disclose (except as expressly authorized by this Agreement) Confidential Information, unless such Confidential Information becomes part of the public domain. I will maintain the confidentiality of RBFCU Products/Services with at least the same degree of care that I use to protect my own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. I understand that failure to comply with my obligation to keep information relating to RBFCU Products/Services or the User Research Event confidential may subject me to termination of my participation in the Event or even legal action.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:I AGREE THAT, DUE TO THE NATURE OF THE EVENT, RBFCU IS NOT OBLIGATED TO PROVIDE MAINTENANCE, TECHNICAL SUPPORT OR UPDATES FOR RBFCU PRODUCTS/SERVICES, AND RBFCU PROVIDES NO ASSURANCE THAT ANY ERRORS OR DISCREPANCIES IN RBFCU PRODUCTS/SERVICES WILL BE CORRECTED. IF RBFCU DECIDES IN ITS SOLE DISCRETION TO PROVIDE ANY SUCH CORRECTIONS, UPDATES OR FURTHER SOFTWARE VERSIONS (“ENHANCEMENTS”) AND/OR RELATED INFORMATION TO ME, THEN SUCH ENHANCEMENTS SHALL BE DEEMED TO BE GOVERNED BY THIS AGREEMENT. RBFCU PRODUCTS/SERVICES IS PROVIDED “AS-IS.” RBFCU, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. I UNDERSTAND THAT RBFCU PRODUCTS/SERVICES MAY CONTAIN DEFECTS THAT MAY INTERFERE WITH OTHER SERVICES PROVIDED BY RBFCU. IN SUCH EVENT, THE ENTIRE RISK AS TO THE USE OF THE SERVICES IS SOLELY WITH ME, I HEREBY ACCEPT SUCH RISK. IN NO EVENT SHALL RBFCU BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY GENERAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, DIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO MY PARTICIPATION IN THE EVENT, OR THE USE OF RBFCU PRODUCTS/SERVICES, OR FOR ANY ERROR OR DEFECT IN RBFCU PRODUCTS/SERVICES. OR IN CONNECTION WITH THIS AGREEMENT.

COSTS AND PAYMENTS: I understand that there is no charge to me or monetary compensation in connection with my participation in this Event, and that I shall remain solely responsible for all costs and expenses associated with the use of RBFCU Products/Services and the performance of the Event.

INDEPENDENT CONTRACTOR: I understand that the Released Parties and I are independent contractors of each other. Nothing in this Agreement shall be construed to create an employer/employee, joint venture, or other similar relationship between the parties.

PRIVACY POLICY: RBFCU’s Privacy Policy (available at https://www.rbfcu.org/privacy-policy) (“Privacy Policy”) applies to RBFCU Products/Services. I acknowledge and agree that by participating in the Event or by using RBFCU Products/Services, RBFCU may receive certain information about me including personally identifiable information and I hereby consent to RBFCU’s collection, use and disclosure such information in accordance with the Privacy Policy.

GENERAL: I agree that this Agreement is personal to me and that I shall not assign or otherwise transfer any rights or obligations under this Agreement. This Agreement will be governed by the laws of the State of Texas, and any legal action relating to or arising out of this Agreement will be commenced exclusively and solely in the courts located in Bexar County, Texas, AND I SPECIFICALLY WAIVE, ON MY OWN BEHALF THE RIGHT TO TRIAL BY JURY.

If any provision of any of this Agreements is held unenforceable or invalid under any law, rule, or administrative or judicial order or decision, that holding shall not alter the enforceability or validity of the Agreement’s remaining provisions. RBFCU may amend this Agreement from time to time by adding, revising, or deleting any terms or conditions. Nothing in this Agreement shall be deemed waived or amended without the prior express written consent of RBFCU executed by a duly authorized representative of RBFCU.

This Agreement constitutes the entire agreement between myself and RBFCU relating to the subject matter of this Agreement, and shall completely replace any prior agreements, oral or written, between myself and RBFCU in relation to me acting as a participant in RBFCU Products/Services User Research Event. RBFCU reserves the right to discontinue the Event at any time or otherwise make changes to it at any time, without notice, and without liability to me.

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