LEGAL

CONTENT

The information contained on this website (the “Site”) is for informational purposes only. BankUnited, its parents, subsidiaries, or affiliates (collectively, “BankUnited”, “we”, “us”, or “our”), from time to time, may change, add, revise, update, or delete the information, products or services described on this Site, or discontinue the operation of this Site, at any time without prior notice or liability to you. Any dated information is published as of its date only. BankUnited does not undertake, and expressly disclaims, any obligation or responsibility to update, revise or amend any information contained on this Site. This Site, and any products or services described herein, is not intended to be distributed to, made available to, or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.

SYSTEM ACCESS

You acknowledge that you are responsible for obtaining and maintaining all necessary equipment and services, including, without limitation, telephone equipment and services, internet connection services, computer hardware and software and such other equipment or services as may be necessary for you to access and use this Site. BankUnited is not responsible or liable to you in any manner for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with your use of any online system. Use of this Site may be monitored, tracked and recorded, and by accessing and using this Site, you expressly consent to such monitoring, tracking and recording.

USE

Unauthorized use of this Site and any BankUnited systems, including but not limited to, unauthorized entry into BankUnited systems, unauthorized use of passwords or misuse of any information posted on the Site is strictly prohibited. You agree that you will not use this Site for any illegal purpose. You further agree that you will not transmit any unlawful, harassing, libelous, abusive, threatening, obscene or other derogatory information through this Site.

SUBMISSIONS

You acknowledge and agree that any information you submit to us through this Site shall be deemed and remain the property of BankUnited. You further acknowledge that BankUnited shall be free to use any ideas, concepts, suggestions or techniques contained in the information you provide to us through this Site for any purpose whatsoever without paying any compensation to you. Our use of any submitted information shall be in accordance with the terms of our Privacy Policy.

THIRD PARTY SITES

This Site may contain links to websites owned, operated or controlled by third parties (“Third Party Sites”). Any links to Third Party Sites are provided solely for convenience purposes only. You acknowledge that: (i) BankUnited has no control over the content contained on such Third Party Sites; (ii) BankUnited makes no warranties, either express or implied, concerning such Third Party Sites including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement; (iii) BankUnited does not endorse or guarantee the products, information, opinions, ideas, or services offered at such Third Party Sites; and (iv) BankUnited is not liable for any failure of the products or services advertised or provided on such Third Party Sites.

NO WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. BANKUNITED DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS CONTAINED THEREIN. BANKUNITED FURTHER DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR THAT THE SITE WILL BE ERROR-FREE, FREE FROM COMPUTER VIRUSES OR NON-INFRINGING.

LIMITATION OF LIABILITY

IN NO EVENT WILL BANKUNITED BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE USE OF, OR INABILITY TO USE, THE SITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BANKUNTIED, HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

BANKUNITED WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SITE, OR FOR THE INCOMPATABILITY BETWEEN THIS SITE AND YOUR BROWSWER, NOR FOR ANY OTHER PROBLEMS YOU MAY EXPERIENCE IN ACCESSING AND/OR USING THIS SITE.

INDEMNIFICATION

YOU AGREE TO INDMENIFY AND HOLD BANKUNITED AND OUR SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, CHARGES, EXPENSES, LEGAL FEES, COSTS AND LIABILITIES OF WHATEVER KIND OR DESCRIPTION, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, ARISING OUT OF OR RELATED IN ANY WAY FROM YOUR USE OF THIS SITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

GOVERNING LAW

These Terms and Conditions, and use of the Site, shall be subject to the laws of the State of Florida and applicable federal law, without regard to conflict of laws principles. Any action or proceeding arising out of or concerning these Terms and Conditions and use of this site shall be heard exclusively in the state and federal courts located in the State of Florida, Miami-Dade County. You waive and agree not to assert in any action or proceeding that you are not personally subject to the jurisdiction of such courts or that the action or proceeding is brought in an inconvenient or improper forum. YOU FURTHER AGREE TO WAIVE TRIAL BY JURY.

TRADEMARKS

The name BankUnited, and the bridge logo are trademarks of BankUnited. Certain other trademarks and servicemarks owned by the Bank or its subsidiaries or affiliates may be contained in the site; all other marks contained herein are the property of their respective owners. The information contained in this Site, including, but not limited to the text and images contained herein, is owned by BankUnited unless otherwise indicated. Such information may not be copied, transmitted, displayed, distributed, licensed, modified, altered, reproduced, sold or published or otherwise used for commercial purposes without the express written consent of BankUnited. Notwithstanding the foregoing, you may download or copy information solely for your personal, non-commercial use, provided that you do not remove any copyright or other notice as may be contained therein.

MISCELLANEOUS

These Terms and Conditions are not intended to alter, affect or amend any terms and conditions between you and BankUnited that are applicable to a particular product or service. In the event of a conflict, the terms and conditions applicable to the particular product or service shall govern. You acknowledge and agree that no oral representations by a BankUnited representative may vary, modify or amend these Terms and Conditions. No failure or delay by us in exercising any right or remedy hereunder shall constitute a wavier thereof. If any provision of these Terms and Conditions is deemed to be invalid or unenforceable, in whole or in part, then, to the extent possible, all of the remaining provisions of these Terms and Conditions shall remain in full force and effect.