Last modified: March 26, 2024
Important: Please carefully read these terms and conditions of use (“Terms of Use”) before completing the form and/or attaching/uploading documents because they form a legally binding agreement between you and Tri Counties Bank (“Tri Counties Bank”). These Terms of Use include limitations of liability and other important information about your rights and obligations.
WELCOME TO THE TRI COUNTIES BANK FIFTIETH ANNIVERSARY ONLINE SUBMISSION PLATFORM!
I. Acceptance
By submitting any communications, images, photographs, video, sounds and all materials, data or information (e.g., by uploading or transmitting) through this site (collectively, “Content”), you are agreeing to be bound by these Terms of Use and to abide by and comply with the terms set forth herein.
You must be at least 18 years old to submit Content. By submitting Content, you represent that you are at least 18 years of age and agree to be bound by these Terms of Use in respect of your use of the Services. Children under the age of 18 are not permitted to submit Content.
If you are submitting Content on behalf of an entity, such as a company or an organization (each, an “Entity”), then you represent to us that you have the power and authority to bind such Entity to these Terms of Use.
You must agree to and accept these Terms of Use prior to submitting Content. If you do not understand or agree to any of these Terms of Use, please do not submit Content.
For purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Tri Counties Bank. “You” refers to you, as a submitter of Content. If you are submitting Content on behalf of an Entity, then the term “you” shall be deemed to include such Entity.
Any personal information you chose to submit will be treated in accordance with our Privacy Policy.
If you violate these Terms of Use, Tri Counties Bank may, in its sole discretion, immediately remove Content posted by you.
II. Content—Rights You Grant Us
All Content is and will remain your property from the moment of creation. You are solely responsible for your own Content and the consequences of uploading, submitting, distributing and publishing your Content on the site. We do not claim ownership of any Content.
You represent and warrant that (i) you exclusively own or have the necessary licenses, rights, consents and permissions to publish any Content you submit and (ii) your Content does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violate any law or contractual duty.
You will remain the owner of the Content but, by submitting and uploading Content, you grant Tri Counties Bank a perpetual, irrevocable, worldwide, non-exclusive, royalty free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your Content and Tri Counties Bank’s (and its affiliates’ and partners’ and their respective successors) business, including for promoting, marketing and redistributing part or all of the Content in any media now known or hereafter invented for all purposes permitted by law.
Furthermore, you waive any right that you may have to inspect and approve any finished product or copy that may be used in connection with the Content, including any images or pictures that are included in the Content. You further release Tri Counties Bank or others for whom they are acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of the Content unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting you to conspicuous ridicule, scandal, reproach, scorn and indignity.
III. Digital Millennium Copyright Act
Tri Counties Bank does not permit copyright infringing activities and infringement of intellectual property rights on Content, and we will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.
Anyone who believes that his or her work has been reproduced in the Content in a manner which constitutes copyright infringement may submit a notification to Tri Counties Bank’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located;
- information for our copyright agent to contact you (such as an address, telephone number and email address);
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate and, under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by noting this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to Tri Counties Bank, Attn: Legal Department, 63 Constitution Drive, Chico, CA 95973; or by email to LegalServices@tcbk.com. Tri Counties Bank will respond expeditiously to claims of copyright infringement regarding the Content that are reported to our copyright agent in the notification explained above.
If you believe that your Content that was removed (or to which access was disabled) after Tri Counties Bank received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law to post and use the content in your Content, you may send a counter-notice containing the following information to our copyright agent:
- your physical or electronic signature (with your full legal name);
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by Tri Counties Bank’s copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. At our sole discretion, unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, after receipt of the counter-notice.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf
IV. Termination
Tri Counties Bank reserves the right to terminate these Terms of Use, and/or temporarily or permanently suspend, withdraw or restrict Content, at any time, effective immediately, with or without notice, for any or no reason whatsoever.
Despite the foregoing, Tri Counties Bank has no obligation to retain any Content and may, at its sole discretion, decide to delete any Content. Therefore, you are advised to save or back up any Content that you have uploaded to the site before termination, as we assume no liability for any material that may be irretrievably deleted at any time.
V. Warranty Disclaimer; Releases
THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITE AND SUBMISSION OF CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRI COUNTIES BANK, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “TRI COUNTIES BANK PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
THE TRI COUNTIES BANK PARTIES HAVE NO OBLIGATION TO USE ANY CONTENT PROVIDED BY YOU OR ANY USER CONTENT (OR ANY PORTION THEREOF) IN ANY MANNER OR BY ANY MEANS AND NO FINANCIAL COMPENSATION WILL BE DUE TO YOU FOR THE USE OF THE CONTENT OR USER CONTENT AS PERMITTED UNDER THESE TERMS OF USE.
YOU IRREVOCABLY, UNCONDITIONALLY AND ENTIRELY RELEASE, DISCHARGE AND HOLD HARMLESS THE TRI COUNTIES BANK PARTIES FROM ALL MANNERS OF LIABILITIES, CLAIMS AND DEMANDS OF ANY KIND OR NATURE, WHATSOEVER, IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, WHICH YOU EVER HAD, NOW HAVE, OR IN THE FUTURE MAY HAVE AGAINST THE TRI COUNTIES BANK PARTIES RELATING IN ANY WAY TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR INVASION OF RIGHT OF PRIVACY OR RIGHT OF PUBLICITY, DEFAMATION OR COPYRIGHT INFRINGEMENT, AND YOU AGREE NOT TO ASSERT OR MAINTAIN AGAINST THE TRI COUNTIES BANK PARTIES ANY CLAIMS RELATING IN ANY WAY TO ANY OF THE FOREGOING.
VI. Limitation of Liability
IN NO EVENT SHALL THE TRI COUNTIES BANK PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS OF USE, THE USE OF THE SITE, THE UPLOADNG OF CONTENT OR THE DELAY OR INABILITY TO USE THE SITE OR POST CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRI COUNTIES BANK PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE TRI COUNTIES BANK PARTIES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE TRI COUNTIES BANK PARTIES TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THEIR SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the Tri Counties Bank Parties shall be limited to the fullest extent permitted by law.
While the Services may be accessible worldwide, we make no representation that it is appropriate or available for use in any specific location. Any use of the site is void where prohibited by law.
VII. Indemnification
You agree to indemnify, defend and hold the Tri Counties Bank Parties harmless from and against all claims, causes of action, demands, obligations, damages, losses, liabilities, fines, penalties and expenses (including but not limited to attorneys’ fees) incurred by the Tri Counties Bank Parties arising out of or in connection with: (1) any violation by you of these Terms of Use; (2) any activity related to your use of the site or your Content, (3) the infringement of any third party’s rights, including intellectual property rights, by you or in your Content, (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental authorities, (5) any misrepresentation made by you or (6) your negligence or willful misconduct. You will cooperate as fully required by Tri Counties Bank in the defense of any claim. Tri Counties Bank reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Tri Counties Bank. This indemnification obligation will survive any termination of these Terms of Use and cessation of your use of the Services.
VIII. Amendments
Tri Counties Bank may, in its sole discretion, modify or revise these Terms of Use and other policies at any time, and you agree to be bound by such modifications or revisions. Tri Counties Bank will publish such revisions and updates from time to time by posting the revised policy on the Sites and App and updating the “Last Updated” date at the top of this page. The updated Terms of Use will be effective as of the time of posting, or such later date as may be specified in the updated Terms of Use. By continuing to use the site or posting Content after any such publication, you are agreeing to be bound by the then current version of these Terms of Use. If you do not agree to the changes, then you must immediately stop using the Services and delete your account.
IX. Governing Law
These Terms of Use shall be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
XI. General
Please note that we do not endorse any Content submitted by any user or other licensor, or any opinion, recommendation or advice expressed therein, and we expressly disclaim all liability in connection with all such Content.
Tri Counties Bank may assign these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Content, and any attempt to the contrary is void.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms of Use are the complete and exclusive statement of the agreement between you and Tri Counties Bank concerning the Services, and these Terms of Use supersede any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Tri Counties Bank.
The section headings used herein are for reference only and shall not be read to have any legal effect and headings used herein are for reference only and shall not be read to have any legal effect.
If you have any questions on these Terms of Use, please contact us at 1-800-922-8742.
