TERMS & CONDITIONS
February 24, 2006
The following terms and conditions are a legal agreement (the “ Terms and Conditions”) between you and Trinity Bank (“ Bank”) regarding your use of Bank’s Web Site (this “Web Site”). By accessing, browsing and/or otherwise using this Web Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these Terms and Conditions, you may not access, browse and/or use this Web Site. If you breach any of these Terms and Conditions, your authorization to use this Web Site automatically terminates. The material provided on this Web Site is protected by law, including, but not limited to, United States copyright law.
1. Product and Service Information.
(a) Bank Products and Services. Deposit products and lending products and services are generally provided by Trinity Bank, Member FDIC and Equal Housing Lender. Information on this Web Site regarding Bank products and services is current only as of the date posted, and Bank does not undertake any responsibility to update all or any part of such information. Information presented on this Web Site regarding any Bank products and services is an advertisement and does not constitute an offer or commitment to provide any such product or service. Bank products and services are solely offered to citizens and residents of the state of Alabama residing in the state of Alabama , and businesses with a place of business in the state of Alabama . Not all products or services are available in all geographic areas. Eligibility for certain products and services may vary and is subject to final determination and acceptance by Bank. Bank products and services are subject to the terms of separate legal agreements and disclosures.
(b) Third Party Products and Services. Certain products and services described in this Web Site, or accessible by links to other sites, may be offered or provided by third parties. Bank is not responsible for and does not guarantee the availability, suitability or performance of any such product or service. There may be delays, omissions or inaccuracies in any such site, product or service.
2. Your Use of Information. The information contained on the pages of this Web Site and any linked site is not intended to provide, and you should not rely on it for, legal, accounting, financial or tax advice. Please consult with your tax, accounting or financial advisor or legal counsel before using any of this information.
(a) Hyperlinks. You agree not to create any “hypertext” link to this Web Site without Bank’s prior express written permission and provided that such link is to the entry page of this Web Site and does not portray Bank or any Bank products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Bank trademark, logo or trade name or other proprietary information including the images found at this Web Site, the content of any text or the layout/design of any page or any form contained on a page without Bank’s express prior written consent. Links to third party sites on this Web Site are provided solely as convenience to you. If you use these links, you will leave this Web Site. Bank has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. Bank does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Web Site, you do so entirely at your own risk. You acknowledge and agree that Bank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites, even if Bank has notice of the possibility thereof.
(b) Limited Access. Except as otherwise expressly permitted by Bank, any access or attempt to access other areas of Bank’s computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on this Web Site or the content contained therein without Bank’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of this Web Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Bank’s infrastructure.
4. DISCLAIMER OF WARRANTIES. This Web Site, including all functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. Bank does not warrant or make any representations regarding the operation of this Web Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Web Site or any other sites linked to this Web Site. The materials of this Web Site may be out of date, and Bank makes no commitment to update the materials at this Web Site. Bank does not and cannot guarantee or warrant that the files available for downloading from this Web Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Bank does not warrant that this Web Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Web Site, software, materials, products, or services will be corrected.
5. Limitation of Liability. In no event will Bank, its parent company, affiliates, directors, officers, suppliers or other third parties mentioned at or in this Web Site be liable for any damages, including, without limitation, direct, indirect, special, incidental, or consequential damages, punitive damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Web Site, any web sites linked to this Web Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Web Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Indemnification. You agree to indemnify, defend and hold Bank harmless from any loss, damage, claim liability, or expense (including attorneys’ fees) arising out of or in connection with your use of this Web Site.
7. Use Restrictions.
(a) Copyright. The content, including, without limitation, all information, text, graphics, and design, of this Web Site is copyrighted by the Bank, and the unauthorized use, reproduction, linking or distribution of any part of the Web Site is strictly prohibited. All Web Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Trinity Bank © 2006, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Web Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Web Site for commercial use without prior written approval of Bank. You may not “mirror” any material contained on this Web Site on any other server without prior written permission from Bank. Any unauthorized use of any material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
(b) Trademarks. The trademarks, service marks, trade names, and logos (the “ Trademarks ”) used and displayed on this Web Site are registered and unregistered Trademarks of Bank. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Bank, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bank. You acknowledge that the Trademarks used and displayed on this Web Site are and shall remain the sole property of Bank or the Trademark owner. Nothing in these Terms and Conditions shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on this Web Site, without the express written permission of Bank or the Trademark owner. The misuse of the trademarks displayed on this Web Site, or any other content on this Web Site, is strictly prohibited.
8. Revisions to These Terms and Conditions. We may revise these Terms and Conditions at any time without notice by updating this posting. By using this Web Site, you agree to be bound by any such revisions and should therefore periodically visit this Web Site and page to determine the then-current Terms and Conditions to which you are bound.
9. Miscellaneous . These Terms and Conditions are the complete and exclusive agreement between you and us related to this Web Site and supplements any other agreement or disclosure you may have with us from time to time. No other statement, oral or written, including language contained in this Web Site is part of these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any other such agreement or disclosure, or any statement by our employees or agents, or any service provider, these Terms and Conditions shall control with respect to this Web Site. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver or any such right or remedy. Any simple or partial exercise of a right or remedy shall not preclude further exercise therefore or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us. You may not assign these Terms and Conditions to any other party. We may assign these Terms and Conditions or delegate any or all of our rights and responsibilities under these Terms and Conditions to any third parties. This Web Site is directed to adults and is not directed to children under the age of 13. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, and to the extent not inconsistent therewith, the laws of the state of Alabama, without regard to that state’s rules regarding conflict of laws (collectively, “Applicable Law”). You agree that you will use this Web Site only in accordance with Applicable Law.