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Agreement of Terms of Use
Terme
Bancorp, Inc., a Maryland corporation, owns and operates
the following Web sites, located at their respective
URLs, as well as portions of other Web pages and Web
content through which you have accessed this Agreement
of Terms of Use (collectively, the "Terme Websites"):
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http://www.termebancorp.com
http://www.reversemortgagedaily.com
http://www.longtermcaredaily.com
http://www.seniorhousingdaily.com
http://www.reversemortgagejobsonline.com
http://www.reversemortgageuniversity.com
By visiting, using and/or submitting information to the
Terme Websites, you agree to be bound by the terms and
conditions of this Agreement of Terms of Use (the
“Agreement”) and Terme’s Privacy Policy located at
http://www.termewebsites/privacy (the "Privacy
Policy”). This Agreement contains an agreement to
arbitrate all claims and disclaimers of warranties and
liability.
Your
Compliance with this Agreement
You
represent that you have the capacity to be bound by this
Agreement, or if you are acting on behalf of a company
or other entity, you have the authority to bind such
company or entity. In order to determine your compliance
with this Agreement, Terme may monitor your access and
use of Terme Websites in accordance with Terme's Privacy
Policy. All users of Terme Websites must: (a) be
eighteen (18) years of age or older; (b) provide true,
accurate and current information; and (c) maintain and
update this information and ensure that it remains true,
accurate and current. By registering at the Terme
Websites, users consent to receiving personalized
emails, telephone calls and/or faxes from Terme.
Terme
reserves the right to terminate any user and/or client
access to Terme Websites and/or cease doing business
with any person or entity or company that a person is
representing who uses profanity, obscenity, vulgarity or
offensive, threatening, unlawful, harmful, harassing,
tortuous, defamatory, libelous, invasive, hateful,
abusive or otherwise objectionable language, behavior or
conduct in any manner towards any Terme employee, agent,
contractor or customer, on the Terme Websites, in
emails, in telephone conversations or messages, in
writing, or in person. Additionally, Terme reserves the
right to refuse to do business with any person, entity
or company, in
Terme’s sole
discretion, consistent with local, state, laws and
regulations.
Financial Decisions
The
financial tools, other financial information and Content
(as defined herein) at the Terme Websites are intended
only to assist you with evaluating potential financial
decisions, are broad in scope and do not consider your
personal financial situation. Your personal financial
situation is unique and the information and advice at
Terme Websites may not be appropriate for your
situation. Accordingly, before making any financial
decisions or implementing any financial strategy, Terme
recommends that you obtain additional information,
guidance and advice from your accountant and/or other
financial advisors who are more fully aware of your
individual circumstances.
Your Access and Use of Terme Websites
Your right to access and use Terme Websites is personal
to you and is not transferable by you to any other
person or entity. You are only entitled to access and
use Terme Websites for lawful purposes and pursuant to
the terms and conditions of this Agreement and Terme's
Privacy Policy. You must provide your own access to the
World Wide Web ("www") and pay any fees associated with
such access.
Your
access and use of Terme Websites may be interrupted from
time to time for any of several reasons, including,
without limitation, the malfunction of equipment,
periodic updating, maintenance or repair of Terme
Websites or other actions that Terme, in its sole
discretion, may elect to take. Terme reserves the right
to suspend or discontinue the availability of Terme
Websites and/or any portion or feature of Terme Websites
at any time in its sole discretion and without prior
notice.
Any action by you that, in Terme's sole discretion: (i)
violates the terms and conditions of this Agreement
and/or Terme's Privacy Policy; (ii) restricts, inhibits
or prevents any access, use or enjoyment of Terme
Websites; or (iii) through the use of Terme Websites,
defames, abuses, harasses, offends or threatens, shall
not be permitted, and may result in your loss of the
right to access and use Terme Websites. You shall not
metatag, provide links to or frame Terme Websites
without the prior express written permission and consent
of Terme.
Transmissions, Submissions and Postings to Terme
Websites
If you
transmit, submit or post information to Terme Websites
that is not Federally trademarked and/or copyrighted,
you automatically grant Terme and its affiliates the
worldwide, fully-paid, royalty-free, exclusive right and
license to use, copy, format, adapt, publish and/or
incorporate any or all such information in any media
whatsoever, including, without limitation, the Content
(as defined herein). Provided that you have obtained
prior written permission from Terme to transmit, submit
or post information to Terme Websites that is Federally
trademarked and/or copyrighted, you automatically grant
Terme and its affiliates the worldwide, fully-paid,
royalty-free right to use, copy, format, adapt, publish
and/or incorporate any or all such information in any
media whatsoever, including, without limitation, the
Content.
You shall not transmit, submit or post the following to
Terme Websites:
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Information that infringes Terme's or any third
party's copyright, patent, trademark, trade secret
or other proprietary rights;
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Information that violates any law, statute,
ordinance or regulation;
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Information that is trade libelous, unlawfully
threatening, unlawfully harassing, defamatory,
obscene, explicit or vulgar, or otherwise injurious
to Terme or third parties or that infringes on
Terme's or any third party's rights of publicity or
privacy;
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Information that contains any viruses, worms, Trojan
horses, or other code or computer programming
routines that contain contaminating or destructive
properties or that are intended to damage,
detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or
personal information;
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Information containing or constituting chain
letters, mass mailings, political campaigning, or
any form of "spam";
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Information that is false, inaccurate or misleading;
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Commercial advertisements or solicitations without
written permission from Terme; or
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Federally Trademarked and/or Copyrighted information
without written permission from Terme.
Although Terme does not regularly review your
transmissions, submissions or postings, Terme reserves
the right (but not the obligation) to edit, refuse to
post or remove your transmissions, submissions or
postings. Pursuant to Terme's Privacy Policy, Terme may
review transmissions, submissions or postings made by
you to determine, in its sole discretion, your
compliance with this Agreement.
Terme's Intellectual Property Rights
The
name Terme Bancorp, Terme Bancorp's graphics, logos,
page headers, button icons, scripts, and service names
are trademarks or trade dress of Terme or its
subsidiaries, in the United States and/or other
countries (collectively, the "Proprietary Marks"). You
may not use the Proprietary Marks without the prior
express written permission of Terme, which permission
may be withheld in Terme's sole discretion. Terme makes
no proprietary claim to any third‑party names,
trademarks or service marks appearing on Terme Websites.
Any third‑party names, trademarks, and service marks are
property of their respective owners.
The information, advice, data, software and content
viewable on, contained in, or downloadable from, Terme
Websites (collectively, the "Content"), including,
without limitation, all text, graphics, charts,
pictures, photographs, images, line art, icons,
renditions and floor plans, are copyrighted by, or
otherwise licensed to, Terme or its Content suppliers.
Terme is the owner of the collective work in the
selection, coordination, arrangement, presentation,
display and enhancement of the Content (the "Collective
Work"). All software used on Terme Websites (the
"Software") is the property of Terme or its software
vendors and is protected by United States and
international copyright laws. Viewing, reading,
printing, downloading or otherwise using the Content
and/or the Collective Work does not entitle you to any
ownership or intellectual property rights to the
Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting
from your infringement of Terme's or any third party's
intellectual property rights regarding the trademarks,
the Content, the Collective Work, the Software and/or
any other harm incurred by Terme or its affiliates as a
direct or indirect result of your copying, distributing,
redistributing, transmitting, publishing or using the
same for purposes that are contrary to the terms and
conditions of this Agreement.
Users of the Terme Websites agree to abide by all
copyright restrictions placed on the Content of Terme
Website including, but not limited to, any material or
data compilations where
Terme
or others hold the copyright.
Your
Use of the Content
Terme
grants you a limited license to access, print, download
or otherwise make personal use the Content and the
Collective Work in the form of: (i) one machine-readable
copy; (ii) one backup copy; and (iii) one print copy,
for your non-commercial use; provided, however, that you
shall not delete any proprietary notices or materials
with regard to the foregoing manifestations of the
Content and the Collective Work. You may not modify the
Content or the Collective Work or utilize them for any
commercial purpose or any other public display,
performance, sale, or rental, decompile, reverse
engineer, or disassemble the Content and/or the
Collective Work, or transfer the Content or the
Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws
of the United States, no other copying, distribution,
redistribution, transmission, publication or use, other
than the non‑commercial use of the Content and the
Collective Work as permitted by this Agreement, is
permitted by you without the express prior written
permission of Terme, which permission may be withheld in
Terme's sole discretion.
You may not use any metatags or any other "hidden text"
utilizing Terme's name or trademarks without the express
written permission of Terme, which permission may be
withheld in Terme's sole discretion.
Access and Interference
You agree that you will not: (i) take any action that
imposes, or may impose in Terme's sole discretion an
unreasonable or disproportionately large load on Terme's
infrastructure; (ii) copy, reproduce, modify, create
derivative works from, distribute or publicly display
any content (except for your personal information) from
Terme Websites without the prior written permission of
Terme and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper
working of Terme Websites or any activities conducted on
Terme Websites, or other measures Terme may use to
prevent or restrict access to Terme Websites.
Electronic Communications
When
you visit Terme Websites or send email to Terme, you are
communicating with Terme electronically. You consent to
receive communications from Terme electronically.
Although Terme may choose to communicate with you by
regular mail, Terme may also choose to communicate with
you by email or by posting notices on Terme Websites.
You agree that all agreements, notices, disclosures and
other communications that Terme provides to you
electronically satisfy any legal requirement that such
communications be in writing.
Your Responsibility for Equipment and Related Costs
You are
responsible for obtaining and maintaining all telephone,
computer hardware, Internet access services and other
equipment or services needed to access and use Terme
Websites, and all costs and fees associated with
Internet access or long distance charges incurred with
regard to your access and use of Terme Websites.
Third Party Links
Terme
Websites may provide links to other Web sites belonging
to Terme's advertisers, business partners, affiliates
and/or other third parties. Such links do not constitute
an endorsement by Terme of those Web sites, nor the
products or services listed on those Web sites. Terme is
not responsible for the activities or policies of those
Web sites. Terme does not endorse or recommend the
products of any particular advertiser, business partner,
affiliate or other third party. Terme does not guarantee
that, for example, the loan terms or rates offered by
any particular advertiser, business partner, affiliate
or other third party on Terme Websites are the best
terms or lowest rates available in the market, or the
best alternative for any particular consumer.
Terme Makes No Representations or Warranties Regarding
the Content
To the
fullest extent permitted by law, is the Terme Websites
are provided "as is," without warranty or representation
of any kind, either express or implied, as to (1) the
operation of the Terme Websites, (2) the information,
data, services or products provided through or in
connection with the Terme Websites or (3) the ability,
quality or reliability of any third party service
provider accessed through or in conjunction with the use
of the Terme Websites.
Terme disclaims any and all warranties, including, but
not limited to: (1) any warranties concerning the
availability, accuracy, usefulness, or content of or
uninterrupted access to information, products or
services and (2) any warranties of title,
non-infringement, merchantability or fitness for a
particular purpose. This disclaimer of liability applies
to any damages or injury caused by any failure of
performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer
virus, communication line failure, theft, or destruction
or unauthorized access or, alteration of or use of
record in connection with the use or operation of Terme
Websites, whether for breach of contract, tortuous
behavior, negligence or any other cause of action.
Neither
Terme
nor any of its officers, directors, investors,
employees, contractors, agents, successors, assigns,
affiliates, content or service providers shall be liable
to any user of the Terme Websites or any other third
party for any direct, indirect, incidental, special,
punitive or consequential damages arising out of the use
of Terme Websites or inability to gain access to or use
Terme Websites or out of any breach of any warranty,
even if Terme has been advised of the possibility of
such damages.
Some states do not allow the exclusion or limitation of
liability for damages. Therefore, the above limitations
may not apply. In such states, the respective liability
of Terme, its officers, directors, investors, employees,
contractors, agents, successors, assigns and affiliates
is limited to the greatest extent permitted by such
states' laws.
THE
CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH
TERME WEBSITES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS
AVAILABLE" BASIS. TERME MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF TERME WEBSITES OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR
ASSOCIATED WITH TERME WEBSITES. YOU EXPRESSLY AGREE THAT
YOUR USE OF TERME WEBSITES AND ALL PRODUCTS AND SERVICES
INCLUDED ON OR ASSOCIATED WITH TERME WEBSITES IS AT YOUR
SOLE RISK.
TERME DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,
CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE
SERVICES AND PRODUCTS ASSOCIATED WITH TERME WEBSITES,
NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS,
COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR
A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND
PRODUCTS ASSOCIATED WITH TERME WEBSITES. IT IS YOUR SOLE
RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY,
CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE
SERVICES AND PRODUCTS ASSOCIATED WITH TERME WEBSITES.
TERME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE
THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING
FROM TERME WEBSITES IS FREE OF INFECTION FROM ANY
VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE OR COMPUTER
PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR
DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT
OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Terme's Liability
TERME SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE
TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR
ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF
PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT
RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE
OF TERME WEBSITES; (III) YOUR DELAY IN ACCESSING OR
INABILITY TO ACCESS OR USE TERME WEBSITES FOR ANY
REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR
THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON
OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI)
ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH TERME WEBSITES, OR OTHERWISE ARISING OUT OF THE
USE OF TERME WEBSITES, WHETHER RESULTING IN WHOLE OR IN
PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TERME
AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES.
Certain state laws do not allow limitations on implied
warranties or the exclusion or limitation of certain
damages. If these laws apply to you, some or all of the
above disclaimers, exclusions or limitations may not
apply to you.
Your Indemnification of Terme
You shall defend, indemnify and hold harmless Terme and
its officers, directors, shareholders, employees,
independent contractors, agents, representatives and
affiliates from and against all claims and expenses,
including, but not limited to, attorneys' fees, arising
out of, or attributable to: (i) any breach or violation
of this Agreement by you; (ii) your failure to provide
accurate, complete and current personally identifiable
information requested or required by Terme; (iii) your
access or use of Terme Websites; and/or (iv) access or
use of Terme Websites under any password that may be
issued to you.
Amendments of this Agreement
Terme reserves the right to update, amend and/or change
this Agreement at any time in its sole discretion and
without notice. Updates to this Agreement will be posted
here. You are encouraged to revisit this Agreement from
time to time in order to review any changes that have
been made. Terme's last update was February 1, 2008.
Your continued access and use of Terme Websites
following the posting of any such changes shall
automatically be deemed your acceptance of all changes.
Terme's Remedies
You acknowledge that Terme may be irreparably damaged if
this Agreement is not specifically enforced, and damages
at law would be an inadequate remedy. Therefore, in the
event of a breach or threatened breach of any provision
of this Agreement by you, Terme shall be entitled, in
addition to all rights and remedies, to an injunction
restraining such breach or threatened breach, without
being required to show any actual damage or to post an
injunction bond, and/or to a decree for specific
performance of the provisions of this Agreement. For
purposes of this pargagraph, you agree that any action
or proceeding with regard to such injunction restraining
such breach or threatened breach shall be brought in the
courts of record of Cook County, Illinois, or the United
States District Court, Northern District of Illinois.
You consent to the jurisdiction of such court and waive
any objection to the laying of the venue of any such
action or proceeding in such court. You agree that
service of any court paper may be effected on such party
by mail or in such other manner as may be provided under
applicable laws, rules of procedure or local rules.
Governing Law; Arbitration
This
Agreement is to be governed by and construed in
accordance with the laws of the State of Illinois,
without regard for principles of conflicts of laws. Any
civil action, claim, dispute or proceeding arising out
of or relating to this Agreement, except for an
injunctive action regarding a breach or threatened
breach of any provision of this Agreement by you as
provided above, shall be referred to final and binding
arbitration, before a single arbitrator, under the
commercial arbitration rules of the American Arbitration
Association in Cook County, Illinois.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP
YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY
USING TERME WEBSITES YOU CONSENT TO THESE RESTRICTIONS.
You and Terme shall select the arbitrator, and if you
and Terme are unable to reach agreement on selection of
the arbitrator within sixty (60) days after the notice
of arbitration is served, then the American Arbitration
Association shall select the arbitrator. Arbitration
shall not commence until the party requesting it has
deposited Five Thousand Dollars ($5,000.00) with the
arbitrator for the arbitrator's fees and costs. The
party requesting arbitration shall advance such sums as
are required from time to time by the arbitrator to pay
the arbitrator's fees and costs until the prevailing
party is determined or the parties have agreed in
writing to an alternate allocation of fees and costs.
Should a dispute arise and should the arbitration
provisions herein become inapplicable or unenforceable,
or in any instance of any lawsuit between you and Terme,
jurisdiction over and venue of any suit shall be
exclusively in the state and federal courts sitting in
the Northern District of Illinois or Cook County,
Illinois.
Judgment upon any award rendered by the arbitrator shall
be final, binding and conclusive upon you and Terme and
your and Terme's respective administrators, executors,
legal representatives, successors and assigns, and may
be entered in any court of competent jurisdiction.
Notwithstanding the previous sentence, in no event shall
either you or Terme be entitled to punitive damages and
both you and Terme hereby waive your and Terme's
respective rights to any punitive, special, indirect or
consequential damages, including, but not limited to,
damages for any loss of profit, revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful,
void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole shall
not be deemed unlawful, void or unenforceable, but only
that portion of this Agreement that is unlawful, void or
unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for
convenience of reference only, are not to be considered
a part of this Agreement, and shall not limit or
otherwise affect in any way the meaning or
interpretation of this Agreement.
All covenants, agreements, representations and
warranties made in this Agreement, as may be amended by
Terme from time to time, shall survive your acceptance
of this Agreement and the termination of this Agreement.
By accessing, browsing or using Terme Websites, you
acknowledge that you have read, understood, and agree to
be bound by these terms and to comply with all
applicable laws and regulations, including but not
limited to U.S. export and re-export control laws and
regulations.
This Agreement and Terme's Privacy Policy located at
http://www.termewebsites/privacy represent the entire
understanding and agreement between you and Terme
regarding the subject matter of the same, and supersede
all other previous agreements, understandings and/or
representations regarding the same.
If you have questions, comments, concerns or feedback
regarding this Agreement or Terme Websites, please
contact us via any of the methods set forth below:
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Telephone: 312-281-0335
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Fax: 312-202-6790
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Mail: Terme Bancorp, Inc.
5818 S. Archer Rd.
Summit, Illinois 60501
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Email:
privacy@termebancorp.com
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