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These Terms and Conditions of Use ('terms and conditions') relate to the use of Fremont Bank's electronic secure Commercial Loan Portal. Access to this secure Commercial Loan Portal is given to clients under registration and approval by an authorized employee of Fremont Bank only. When you use our Commercial Loan Portal to upload your documents, you are certifying that you understand and agree to the following conditions:
Equipment and Software. We assume no responsibility for the defects of incompatibility of any computers or software that you use in connection with the Services.
You are responsible for all costs and charges associated with your accessing the secure client portal, including but not limited to internet and telephone costs and charges.
You agree you will not upload any information that violates any laws or third party rights (including but not limited to a third party's intellectual property or privacy right), or contains objectionable material. You agree not to upload any documents, images or files that might be considered offensive or discriminatory.
All information on or available through the client portal is protected by applicable copyright law. Unless otherwise stated in writing by us, no one has permission to copy, distribute or recreate any items found on the portal, in any form.
Availability. There may be times when all or part of the Service is temporarily unavailable due to system outages, maintenance or technical difficulties, including those of the Internet service provider, cellular service provider, and software provider. We may suspend this Service immediately if we believe the security of the Service has been compromised or we question the legality of any transaction. We assume no responsibility for any damage or delay that may result from such unavailability.
Our business days are Monday through Friday, excluding federal holidays. Documents received after cutoff hours or on a non-business day may be deemed received as of the next business day. We may occasionally shorten our cutoff hours due to early closure of the Bank in observance of legal holidays.
No Warranties. The service is made available on an "as-is" and "as available" basis. Neither we nor our vendors provide any warranty, express or implied, regarding this service. All warranties, including implied warranties or merchantability and fitness for a particular purpose, are expressly disclaimed to the greatest extent permitted by law. Neither we nor our vendors assume any liability for the unavailability of the service.
Security and User Guides. We may provide you with one or more numbers, passwords, tokens and/or other means of identification and authentication (collectively "Password") to access our Services to the email you provide us. You agree to: (a) take reasonable steps to safeguard the confidentiality and security of the Password, and any other proprietary property or information we provide to you in connection with the Services (b) limit access to your Password to persons who have a need to know such information; (c) closely and regularly monitor the activities of employees who access the Services; (d) notify us immediately if you have any reason to believe the security or confidentiality required by this provision has been or may be breached.
Only registered users who are clients of Fremont Bank may access and use the secure client portal.
Indemnification. You agree to indemnify, defend and hold us, our parent company, affiliates, and subsidiaries, and our respective directors, officers, employees and agents, harmless from and against any claim, damage, loss, liability and cost (including, without limitation, attorney's fees) of any kind which results directly or indirectly, in whole or in part, from: (a) our actions or omissions, if they are in accordance with your instructions or the terms of this Agreement; (b) the actions or omissions of you, your agents or employees; (c) any warranty that we or a correspondent bank are required to make to a third party in connection with a Service.
Reliance on Third Parties. Our ability to provide certain Services is dependent upon our ability to obtain or provide access to third party vendors and networks. In the event any third party is unavailable or we determine, in our discretion, that we cannot continue providing any third party network access, we may discontinue the related Service or may provide the Service through a different party. In such situations, we will have no liability for the delay or unavailability of access.
Service Termination. If Fremont Bank believes or has reason to believe the information you uploaded is subject to the foregoing restrictions, Fremont Bank will not use such information. Termination may be deemed necessary in the event a) you have violated any provision of these Terms and Conditions, or b) we believe is required for the protection of Fremont Bank or your company; c) your company requests termination of access.
Be advised that written information or documents you provide with respect to your credit request will not be returned.