a. This is a binding legal agreement (herein "Agreement" between you, a visitor to this web site, and Gibraltar Bank, FSB (herein "Gibraltar". By using, viewing, printing, or accessing this Web Site (as defined herein), you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please exit the Web Site immediately.
a. Web Site shall mean any and all web pages, html information, text, documents, data, images, scripts, audio, video, object code, source code, and/or information contained or available at or through the http://www.Gibraltarprivate.com internet domain or its related internet protocol addresses. Web Site shall also mean any and all computer hardware and software owned, licensed, leased, and/or rented by or for the benefit of Gibraltar and used to generate, host, store, transfer, transmit, upload, download, or provide access to the web pages, html information, text, documents, data, images, scripts, audio, video, object code, source code, and/or information contained thereon, the http://www.Gibraltarprivate.com internet domain or its related internet protocol addresses.
b. Account means any and all restricted portions of the Web Site or portions of the Web Site that contain your personal or banking information or that of Third Parties. This specifically includes, but is not limited to, Online Banking & Bill Pay, Wealth Online Management and other online services provided by GPBT.
c. Third Party shall mean any person or entity not bound by this Agreement.
3. Permitted Use
a. Subject to the terms and conditions herein, you are authorized to view the information available from the Web Site for your informational purposes only and to print out pages from this Web Site for your own informational purposes only. Unless otherwise provided for herein, no other use of the Web Site is permitted.
4. Copyrights, Trademarks, and Other Intellectual Property
a. The Gibraltar Bank and Gibraltar Bank logos are registered service marks or trademarks of Gibraltar Private Bank & Trust. Gibraltar may also claim service mark or trademark rights in other marks contained on the Web Site.
b. All information contained on or available via the Web Site is protected by copyright and trademark law in the United States of America and in other countries. Unless otherwise specified, you do not have permission to copy, display, distribute, republish, or create derivative works from such information in any form.
c. Notwithstanding anything else contained in this Agreement, Gibraltar retains
i. except as expressly and unambiguously granted herein, all right, title, and interest in and to the Web Site, and all related documentation and materials;
ii. all of their service marks, trademarks, trade names or any other designations; and
iii. all copyrights, patent rights, trade secret rights and other intellectual property and proprietary rights in and to the Web Site.
5. Copyright Removal and Agent
a. If a copyright owner, its agent, or licensee has reason to believe that any material contained on the Web Site may infringe its copyright, please notify (in writing) Gibraltar’s agent for notice of claims of copyright infringement, Patrick C. Barthet, 200 South Biscayne Blvd., Suite 1800, Miami, Florida, USA. Your notice must:
i. identify the copyrighted work that you claim has been infringed;
ii. identify the material on the Web Site that you claims is infringing, with enough detail so that Gibraltar may locate it;
iii. provide your full name, address, telephone number, and e-mail address; and
iv. provide a statement declaring under penalty of perjury that:
1. you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
2. the above information in your notice is accurate;
3. you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
4. provide your signature.
b. Gibraltar will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. 512 et seq. and other applicable laws.
c. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Gibraltar, any alleged infringer, or any copyright owner or its authorized agent or licensee.
6. Privacy and Cookies
a. In connection with your transaction and visit to the Web Site, Gibraltar may obtain information about you as described herein, which Gibraltar handles as stated herein.
b. Gibraltar may collect nonpublic personal information about you from the following sources:
i. Information Gibraltar receives from you on applications or other forms;
ii. Information about your transaction with Gibraltar, our affiliates or others; and
iii. Information Gibraltar receives from a consumer reporting agency.
c. Gibraltar may disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. Gibraltar makes such disclosures about you as a consumer, customer, or former customer.
d. Gibraltar may also disclose nonpublic personal information about you as a consumer, customer, or former customer, to non-affiliated third parties as permitted by law.
e. Gibraltar restricts access to nonpublic personal information about you to those employees who need to know that information to provide products or services to you. Gibraltar maintains physical, electronic, and procedural safeguards that comply with federal restrictions to guard your nonpublic personal information.
f. Additionally, for site management purposes, this Web Site uses software programs to create statistics. The information collected may be used by Gibraltar for any and all lawful purposes. Gibraltar collects and stores the following information:
i. The name of the domain from which you access the Internet,
ii. The date and time you access our site,
iii. The bandwidth used by you,
iv. The pages you peruse and files you access, and
v. The Internet address of the web site from which you linked directly to our site.
vi. The Internet address of the web site from which you linked directly to our site.
g. If you access restricted areas of the Web Site or your Account, Gibraltar also collects and stores your user name and password and monitors your access in the restricted area.
7. Security and Viruses
a. You understand that the information transferred to and from the Web Site and/or over the Internet (including e-mail messages and instant messages), in any form be it encrypted or unencrypted, is not anonymous, private, fully secure or impenetrable and may contain malicious information, files, or codes and/or may be viewed, modified, infected, deleted, intercepted, corrupted, destroyed, tracked, duplicated, and/or otherwise interfered with by Third Parties. Further, you understand that the transmission, storage, viewing, and retrieval of information through the World Wide Web and Internet (including e-mail messages and instant messages) is subject to a variety of conditions that make such transmission, storage, access, viewing, and retrieval potentially unreliable or untimely.
b. FULLY UNDERSTANDING SAME, YOU COMPLETELY ASSUME THE RISK OF POSSIBLE INFECTION AND/OR THIRD PARTY VIEWING, MODIFYING, DELETING, INTERCEPTING, CORRUPTING, DESTROYING, TRACKING, DUPLICATING, AND/OR OTHERWISE INTERFERING WITH OR THE LOSS, DELAY, MISROUTING, NON-DELIVERY, OR CORRUPTION OF ANY AND ALL INFORMATION, PERSONAL INFORMATION AND/OR THE TRANSMISSION TO, FROM, OR THROUGH THE WEB SITE.
c. You may have been given or selected a password and/or user name (or similar) to access certain portions of the Web Site. If so, you are bound not only by this Agreement, but any other agreements you may have executed to obtain said password and/or user name (or similar). In the event of a conflict, the agreement with terms and conditions most favorable to Gibraltar shall govern.
d. Gibraltar will endeavor to restrict access to your personal information accessible from the Web Site. However, no system, password protected or otherwise, can be made fully secure or impenetrable. Accordingly, you hereby acknowledge and assume any and all risk that it may be possible for an unauthorized Third Party to access, view, delete, copy, modify, distribute, and/or otherwise disturb the information contained in your Account or on the Web Site.
e. You are entirely responsible for any and all activities that occur under your Account, user name, and/or password, whether or not such use was authorized by you. You will notify Gibraltar in writing within 24 hours of any unauthorized use or other breach in security of your Account, user name, and/or password.
f. ACCORDINGLY, YOUR USE OF THE WEB SITE AND ACCOUNT IS AT YOUR SOLE RISK. THE WEB SITE AND ACCOUNT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
8. Third Party Links and Advertising
a. Descriptions of, or references to, products, services, or publications within the Web Site does not imply endorsement of that product, service, or publication. Gibraltar makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
b. Gibraltar reserves the right to run advertisements, promotions, and/or link to Third Party information and web sites on and in Gibraltar's Web Site. You agree that Gibraltar has the right to run such advertisements and promotions and provide such links as Gibraltar sees fit without compensation to you. The timing, frequency, placement and extent of advertising and links by Gibraltar within the Web Site shall be determined by Gibraltar in its sole discretion and is subject to change without notice.
c. Your correspondence and/or contact and/or business dealings with, or participation in promotions, Third Parties, links, and advertisers found on or through the Web Site, including payment and delivery of goods or services through linked sites, and any other terms, conditions, warranties or representations associated with such dealings, are exclusively and solely between you and such advertiser, promoter, Third Party, and/or linked company. YOU AGREE THAT GIBRALTAR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS AND/OR LINKS IN AND ON THE WEB SITE.
a. You understand that the use of the Web Site is not anonymous. We may collect and track information about Web Site users and you as set forth herein.
b. Subject to any subpoenas or any other legal process that may require Gibraltar to disclose information, Gibraltar shall disclose any and all information in Gibraltar's possession regarding you without any prior notice to you.
10. No Robots or Spiders or External Queries Allowed
a. You may not use "robots" or "spiders" or other computer programs or devices which automatically enter search queries or retrieve information from the Web Site.
11. You may not use "robots" or "spiders" or other computer programs or devices which automatically enter search queries or retrieve information from the Web Site.
a. You may use the search features available through the Web Site to produce search results. Gibraltar makes no warranties or guarantees as to the accuracy, precision, correctness, quality, completeness, reliability, or integrity of the search results developed.
12. DISCLAIMER, WAIVER, NO WARRANTY, AND INDEMNIFICATION
a. THE WEB SITE AND ANY AND ALL OTHER COMPONENTS AND/OR INFORMATION USED BY YOU IN CONJUNCTION WITH THE WEB SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. GIBRALTAR, ON BEHALF OF ITSELF AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, AND EMPLOYEES, HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FURTHER, GIBRALTAR, ON BEHALF OF ITSELF AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, AND EMPLOYEES DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS WHATSOEVER THAT:
i. THE WEB SITE OR YOUR ACCOUNT WILL SATISFY YOUR REQUIREMENTS OR NEEDS;
ii. THE WEB SITE OR YOUR ACCOUNT WILL BE ERROR-FREE, FREE FROM DEFECTS, ACCURATE, CORRECT, AVAILABLE, VIRUS-FREE, OR SECURE;
iii. ACCESS TO THE WEB SITE OR YOUR ACCOUNT WILL BE AVAILABLE, IMMEDIATE, TIMELY, SECURE, VIRUS-FREE, OR UNINTERRUPTED; OR
iv. DEFECTS IN THE WEB SITE WILL BE CORRECTED.
b. GIBRALTAR DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION FOUND IN, ON, AND/OR THROUGH THE WEB SITE.
c. YOU ACKNOWLEDGE THAT ANY AND ALL INFORMATION, DATA, AND/OR FILES YOU ACCESS, RETRIEVE, UPLOAD, DOWNLOAD, VIEW, AND/OR PRINT IN, ON, AND/OR THROUGH THE WEB SITE OR ACCOUNT IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE AND/OR INJURY TO YOUR AND ANY AND ALL THIRD PARTY COMPUTER HARDWARE AND/OR SOFTWARE THAT MAY RESULT.
d. YOU WILL DEFEND, INDEMNIFY AND HOLD GIBRALTAR, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS?FEES AND COSTS, MADE BY ANY AND ALL THIRD PARTIES DUE TO OR ARISING OUT OF
i. YOUR USE OF YOUR ACCOUNT AND/OR THE WEB SITE,
ii. ANY FILES, DATA, AND/OR INFORMATION UPLOADED, DOWNLOADED, ACCESSED, VIEWED, DISPLAYED, PRINTED, STORED, SAVED, AND/OR TRANSMITTED TO, FROM, AND/OR THROUGH THE WEB SITE, AND
iii. ANY VIOLATION OF THIS AGREEMENT BY YOU.
e. IN NO EVENT SHALL GIBRALTAR, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, AND EMPLOYEES BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF PROCUREMENT OF SUBSTITUTED SERVICES, PRODUCTS, OR INFORMATION, COST TO RECREATE DAMAGED, LOST, OR INACCESSIBLE FILES, DATA, OR INFORMATION, OR ANY OTHER PECUNIARY AND NON-PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ACCOUNT, EVEN IF GIBRALTAR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, AND EMPLOYEES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE YOU.
f. GIBRALTAR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE LESSER OF EITHER
i. GIBRALTAR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE LESSER OF EITHER
ii. FIVE (5) DOLLARS (U.S.).
13. Force Majeure
a. Gibraltar will not be liable for any nonperformance, delay, error, data loss, files loss, or other loss or damage caused by any events or conditions that are beyond the immediate and direct control of Gibraltar.
14. Prohibited Conduct
a. Except as expressly and unambiguously provided herein, you agree that you shall NOT:
i. Reverse assemble, de-compile, or otherwise attempt to derive source code (or the underlying ideas, algorithms, information, structure or organization) from the Web Site;
ii. Sell, give, lend, give access to, or otherwise transfer the Web Site or any part thereof in any form or medium to a Third Party, or to anyone that is not bound to all of the terms and conditions of this Agreement;
iii. Extract, modify, frame, link, incorporate into or with other information, or create a derivative work with all or any part of the Web Site;
iv. Use or facilitate the use of robots or spiders on this Web Site for any purpose;
v. Access or attempt to access any information or Account for which you have no rightful access authorization. You shall not duplicate, modify, distribute, corrupt, delete, access, view, download, display, or otherwise disturb any information from any such Account. Any such conduct may constitute a Federal crime and shall be immediately reported to the appropriate local, state, Federal, and/or international government officials and/or agencies;
vi. Use the Web Site for any illegal purposes;
vii. Use the Web Site to upload, download, transfer, store, retrieve, modify, transmit or view any information, packets or files that contain:
1. any false, misleading, fraudulent or illegal pictures, materials or information;
2. any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
3. any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
4. any files, code or material that violates the intellectual property rights of others; or
5. any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;
ix. Use the Web Site for any purpose that may disrupt and/or burden the Web Site or the networks through which you access the Web Site;
x. Violate any regulations, policies and procedures of any and all networks through which you access the Web Site; and/or
xi. Manually or automatically collect contact information including, but not limited to, phone numbers, addresses, and/or e-mail addresses from the Web Site for the purpose of renting, selling, leasing, or giving said contact information to others or for the purpose of sending unsolicited letters and/or e-mails to any party whose contact information is contained in the Web Site.
Gibraltar reserves the right to limit or restrict your access to the Web Site for any reason whatsoever.
a. This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then
i. such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and
ii. such invalidity or unenforceability will not affect any other provision of this Agreement.
16. Modifications to this Agreement
a. The terms and conditions of this Agreement may be changed by Gibraltar from time to time. Upon any such change, Gibraltar will post said revised Agreement at http://www.Gibraltarprivate.com Your use of the Web Site after such modification will constitute your acceptance of such new and changed terms and conditions.
Your right to use the Web Site is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement.
a. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns.
b. Gibraltar's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right.
c. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
d. Section heading are for reference only and shall not expand or limit the rights and duties between the parties.
18. Governing Law, Jurisdiction, Venue, And Attorney's Fees
a. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida, United States, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Agreement or any action relating to the subject matter hereof or naming Gibraltar, its officers, employees, agents, shareholders, attorneys, or partners, shall be bought before a court of competent jurisdiction in Miami, Florida, U.S.A.
b. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Florida, United States, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Agreement or any action relating to the subject matter hereof or naming Gibraltar, its officers, employees, agents, shareholders, attorneys, or partners, shall be bought before a court of competent jurisdiction in Miami, Florida, U.S.A.