This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site. 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, TTMB may monitor your access and use of the Site in accordance with TTMB’s Privacy Policy. By accessing the Site you agree to be legally bound and to abide by the terms and conditions of this Agreement.
The Site is Not Intended for Minors
The Site is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. TTMB does not knowingly market to, solicit or collect personal information from persons under the age of eighteen (18) years.
Your Access and Use of the Site
Your right to access and use the Site is personal to you. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of the Site may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating of the Site, maintenance or repair of the Site or other actions that TTMB, in its sole discretion, may elect to take. TTMB reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Any action by you that, in TTMB’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens TTMB or any other person, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without the prior express written permission of TTMB.
Public Forums
The Site may contain interactive services including but not limited to blogs, chat rooms, and bulletin boards (collectively, the “Public Forums”), allowing users of the Site to post, submit information and make statements (“User Generated Content”). TTMB is not involved in the actual transmission of User Generated Content provided in the Public Forums. As a result, TTMB does not approve or endorse any User Generated Content in the Public Forums, and you hereby acknowledge and agree that TTMB has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Public Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate, deceptive or fraudulent and as a result please use caution when relying on any User Generated Content. We strongly advise that you do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although TTMB does not regularly review User Generated Content provided in the Public Forums, TTMB reserves the right, but is not obligated, to monitor the Public Forums or remove or edit any User Generated Content in the Public Forums.
If you have any query or issue with the Public Forums we ask that you immediately report these problems and queries to TTMB at [email protected].
Transmissions, Submissions and Postings to the Site
Provided that you have obtained prior written permission from TTMB to transmit, submit or post information to the Site that is not trademarked and/or copyrighted, you automatically grant TTMB, its affiliates and assigns the worldwide, fully-paid, royalty-free, non-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 below).
You shall not transmit, submit or post the following to the Site:
- Information that infringes TTMB’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libellous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to TTMB or third parties or that infringes on TTMB’s or any third party’s rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots 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;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
- Information that is false, inaccurate or misleading;
- Commercial advertisements or solicitations without written permission from TTMB; or
- Trademarked and/or copyrighted information without written permission from TTMB.
Although TTMB does not regularly review your transmissions, submissions or postings, TTMB reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to TTMB’s Privacy Policy, TTMB may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
You are solely responsible for all your own User Generated Content and the consequences if any of transmitting, submitting or posting same.
TTMB’s Intellectual Property Rights
TTMB makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans (collectively, the “Content”), viewable on, contained in, or downloadable from, the Site, are copyrighted by, or otherwise licensed to, TTMB or its Content suppliers. All software (the “Software”) used on the Site is the property of TTMB or its software vendors and is protected by copyright laws. Nothing contained herein shall be construed as conferring any licence or right under any of TTMB’s copyright, trademark or proprietary rights, or those of any third party whether expressly or by implication, estoppel or otherwise.
You are solely responsible for any damage or loss resulting from your infringement of TTMB’s or any third party’s intellectual property rights regarding the proprietary marks, the Content, the Collective Work, the Software and/or any other harm incurred by TTMB 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.
Your Use of the Content
TTMB grants you a non-exclusive, non-transferable license to access, print, download or otherwise make use of the Content and the Collective Work for your personal, 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 utilise them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
You may not otherwise copy, distribute, redistribute, transmit, publish or use, the Content and the Collective Work.
You may not use any meta tags or any other “hidden text” utilising TTMB’s name or trademarks without the express written permission of TTMB, which permission may be withheld in TTMB’s sole discretion.
Access and Interference
The Site contains robot exclusion headers. You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without TTMB’s express written permission which may be withheld in TTMB’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in TTMB’s sole discretion an unreasonable or disproportionately large load on TTMB’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of TTMB and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site ; or (iv) bypass TTMB’s robot exclusion headers or other measures TTMB may use to prevent or restrict access to the Site . Notwithstanding the foregoing, TTMB grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available searchable indices of the materials on the Site, but not caches or archives of such materials. TTMB reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the Site . You shall not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the Site without the express written permission of TTMB, which permission may be withheld in TTMB’s sole discretion.
Electronic Communications
When you visit the Site or send electronic mail to TTMB, you are communicating with TTMB electronically and thereby consent to receive electronic communications from TTMB. Although TTMB may continue to communicate with you by regular mail, TTMB may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that TTMB provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Software, Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services (the Equipment) needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
TTMB encourages you to obtain and maintain online security protection. Nevertheless, you acknowledge that you are responsible for obtaining and maintaining online security protection related to your Equipment, including without limitation firewall, anti-virus, spam blockers and any other online protectors available. TTMB is not responsible for any damage or cost you may incur as a result or in connection with your failure to obtain and maintain appropriate Equipment and online Security Protections.
Third Party Links
There may be provided on the Site links to other Web sites belonging to TTMB’s advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by TTMB of the content on those Web sites, nor the products or services listed on those Web sites. TTMB is not responsible for the activities or policies of those Web sites. TTMB does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. TTMB does not guarantee that the loan terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market. Your use of third party website is at your own risk and subject to the terms and conditions of use for such sites. TTMB shall not be liable for any damages or costs arising out of or in any way connected with your use of any third party websites accessed through the Site.
Copyright Infringement
It is TTMB’s policy to comply with the Digital Millennium Copyright Act of the laws of the United States of America, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. TTMB shall, in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of TTMB and/or others.
Notifications (“a Notification”) of claimed copyright infringement should be sent by post to TTMB’s Managing Director whose contact information is set forth below:
The Managing Director
Trinidad and Tobago Mortgage Bank
Albion Court
61 Dundonald Street
P.O. Box 1096
Port of Spain
Trinidad W.I.
Email Address: info@ttmortgagebankcom
NO WARRANTIES
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TTMB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE SITE IS AT YOUR SOLE RISK.
TTMB 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 THE SITE , 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 THE SITE . IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE. TTMB MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS 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.
The Content is intended only to assist you with financial decisions and is broad in scope and does not consider your personal financial situation. Please note that where figures are used, these figures are guidelines and estimates only. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, TTMB recommends that you obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
The Site is controlled and offered by us from our facilities in Trinidad and Tobago. TTMB makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on TTMB’s Liability
TTMB 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) ANY BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY YOU; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE 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 ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR IN ANY WAY OTHERWISE ARISING OUT OF YOUR USE OF AND RELIANCE ON ANY INFORMATION ON THE SITE TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSSION OF ANY VIRUSES, TROJAN HORSES OR HARMFUL CODE THAT MAY AFFECT A USER’S EQUIPMENT, ANY INCOMPATIBILTIY BETWEEN THE SITE’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAMME. FAILURE OF ANY ELECTRONIC OR TELPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORISED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE.
TTMB’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT TTMB SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain 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.
INDEMNITY
You shall defend, indemnify and hold harmless TTMB and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all all claims, loss, liability 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 TTMB; (iii) your access or use of the Site ; (iv) access or use of the Site under any password that may be issued to you; and/or (v) your own User Generated Content.
Amendments to this Agreement
TTMB 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 on this web page. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. TTMB’s last update was June 1, 2011. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
Choice of Law
All website activity or use of these terms and conditions are governed by the laws of Trinidad and Tobago.
TTMB’s Remedies
You acknowledge that TTMB 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, TTMB 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 Agreement, 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 the Republic of Trinidad and Tobago. 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 on yourself by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
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 TTMB from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and TTMB’s Privacy Policy located at the URL www.ttmortgagebank.com/about-us/privacy-policy represent the entire understanding and agreement between you and TTMB 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 the Site, please contact us via any of the methods set forth below:
Manager of Information Technology
Trinidad and Tobago Mortgage Bank
Albion Court
61 Dundonald Street
P.O. Box 1096
Port of Spain
Trinidad W.I.
Email Address: [email protected].
