Please read these terms carefully. They govern your access to and use of the Commercial Banking Market Intelligence Center. By accessing or using the Resource, you accept and agree to be bound by every term below. If you do not agree, do not use the Resource.
1. Definitions
In these terms, "the Firm," "we," "us," and "our" mean The Executive Recruiter Group, Inc. and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns. The "Resource" means the Commercial Banking Market Intelligence Center, including every page, table, search feature, market and county profile, chart, figure, dataset, and downloadable file made available through it, and any successor or related resource. "Data" means all information, figures, estimates, rankings, and other content presented in or generated by the Resource. "You" and "your" mean any person or entity that accesses or uses the Resource.
2. Informational purpose only
The Resource is provided free of charge and for general informational and educational purposes only. It is intended to offer a broad, comparative view of U.S. regional economies and banking markets. It is not a substitute for professional research, independent verification, due diligence, or professional advice of any kind, and it is not intended to be relied upon for any specific decision. The Resource does not account for, and cannot account for, the particular circumstances, objectives, risk tolerance, regulatory obligations, or strategy of any institution or individual.
3. Sources of the data, and their limits
The Data is compiled from third-party public sources, which currently include the U.S. Bureau of Economic Analysis (BEA), the U.S. Census Bureau, and the Federal Deposit Insurance Corporation (FDIC). The Firm does not create, control, audit, or independently verify these sources, and cannot guarantee the accuracy, completeness, currency, or reliability of the underlying data. Government sources may revise, restate, delay, or withdraw their data at any time, and any such change may not be reflected in the Resource.
All figures are estimates and approximations and may contain errors, omissions, inconsistencies, rounding, or timing differences. Specific limitations include, without limitation, the following:
- Mixed reference years. Gross domestic product figures reflect a different reference year than population figures, so any per-capita measure is an approximate comparative ratio only and should not be treated as a precise value.
- Allocated county figures. Certain county-level figures, including county GDP, are allocations of larger reporting units rather than independently reported county totals, and carry the assumptions and imprecision of that allocation.
- Where deposits are booked, not held. Deposit figures reflect where financial institutions book deposits, as reported to the FDIC as of June 30 of the reporting year. This is not necessarily where customers, lending activity, or economic value are located. A single office may hold deposits attributed to a much wider area, which can make one county or market appear to hold a disproportionate share.
- Derived concentration figures. Market concentration measures, including top-three deposit share and any Herfindahl-Hirschman Index figure, are derived from the same reported deposit data and inherit all of its limitations.
- Boundary definitions. Region definitions follow Census delineations that are updated from time to time and that may not reflect current economic reality in every market.
You acknowledge that you understand these limitations and that you will take them into account in any use you make of the Data.
4. Not professional advice, and not a recommendation
Nothing contained in or generated by the Resource constitutes financial, investment, banking, economic, legal, tax, accounting, regulatory, employment, or other professional advice, and nothing in the Resource should be construed as such. Nothing in the Resource is a recommendation, solicitation, or offer to enter, exit, expand into, or avoid any market, to make or refrain from any hire, or to take or refrain from taking any action. The Firm is an executive search firm; it is not a financial advisor, investment advisor, broker-dealer, bank, accountant, attorney, or economist, and it does not act in any such capacity through the Resource.
5. Independent verification required
Any decision regarding market entry or expansion; the location, opening, or closing of branches, loan production offices, or lending teams; and any hiring, lending, investment, capital, or strategic decision should be made only after your own independent research and verification of the relevant data and after consultation with your own qualified legal, financial, regulatory, and other professional advisors. You should not rely on the Resource as the sole or primary basis for any such decision, and you assume full responsibility for any decision you make.
6. No warranties
The Resource and all Data are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, the Firm expressly disclaims all warranties, including, without limitation, any implied warranties of accuracy, completeness, timeliness, reliability, title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties arising from course of dealing or usage of trade. The Firm does not warrant that the Resource will be accurate, current, complete, uninterrupted, secure, or error-free, that defects will be corrected, or that the Resource or the servers that make it available are free of harmful components. No advice or information, whether oral or written, obtained from the Firm or through the Resource creates any warranty not expressly stated in these terms.
7. Assumption of risk
Your access to and use of the Resource and the Data is entirely at your own risk. You are solely responsible for any conclusions you draw and any actions you take, or decline to take, based on the Resource, and for any consequences that follow.
8. Limitation of liability
To the fullest extent permitted by applicable law, in no event shall The Executive Recruiter Group, Inc., or its officers, directors, employees, agents, contractors, affiliates, successors, or assigns, be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages of any kind, or for any loss of profits, revenue, business, goodwill, opportunity, data, or anticipated savings, arising out of or in any way connected with your access to, use of, inability to use, or reliance on the Resource or any Data, whether the claim is based in contract, tort (including negligence), strict liability, statute, or any other legal or equitable theory, and whether or not the Firm has been advised of the possibility of such damages, and even if any remedy stated in these terms is found to have failed of its essential purpose.
To the fullest extent permitted by applicable law, the total aggregate liability of the Firm arising out of or relating to the Resource or these terms shall not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above exclusions or limitations may not apply to you; in that case the Firm's liability is limited to the greatest extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless The Executive Recruiter Group, Inc. and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your access to or use of the Resource, your reliance on any Data, your violation of these terms, or your violation of any right of any third party.
10. Third-party sources and links
The Resource relies on and may link to data and materials maintained by third parties. The Firm is not responsible for the availability, accuracy, or content of any third-party source or website, and the inclusion of any source or link does not imply endorsement. Your use of any third-party source or website is governed by that third party's own terms and is at your own risk.
11. No professional or client relationship
Your access to or use of the Resource does not create any advisory, fiduciary, agency, employment, engagement, or client relationship between you and the Firm. A search engagement with the Firm arises only under a separate written agreement signed by the Firm.
12. Intellectual property and permitted use
The selection, arrangement, presentation, and original text of the Resource are the property of the Firm and are protected by applicable law. The underlying public data is the property of its respective government sources. You may view and reference the Resource for your own internal, non-commercial, informational use. You may not scrape, harvest, resell, redistribute, or create a competing product from the Resource, or remove or obscure any notice, in each case without the Firm's prior written permission.
13. Changes to the Resource and to these terms
The Firm may update, modify, suspend, discontinue, or remove the Resource, the Data, or any part of either, at any time and without notice or liability. The Firm may also revise these terms at any time by posting a revised version. Your continued use of the Resource after any change constitutes your acceptance of the revised terms. The "last updated" date above indicates when these terms were last revised.
14. Governing law
These terms and any dispute arising out of or relating to them or to the Resource are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any such dispute shall be the state or federal courts located in Douglas County, Nebraska, and you consent to the personal jurisdiction of those courts.
15. Severability and waiver
If any provision of these terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. The Firm's failure to enforce any provision is not a waiver of that provision or of any other provision.
16. Entire agreement
These terms constitute the entire agreement between you and the Firm regarding the Resource and supersede any prior understanding on that subject.
Contact
Questions about this disclaimer may be directed to The Executive Recruiter Group, Inc. by clicking here.
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