TurmaFinTech

Martin Gruenberg’s FDIC Successor Should Not Veto Bank-Fintech Partnerships

Yerbol Orynbayev

July 11, 2024

TURMAFINTECH TERMS OF USE

Welcome to the TurmaFinTech website (the “Site”). TurmaFinTech (“we” or “our” or “us”) is a provider of a data-driven, AI-enabled customer management platform designed to enhance the financial efficiency and productivity of local banks.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OUR SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM.

Our Site provides our visitors (“you” or “your) with information about our business, products and services. These Terms of Use apply to all visitors to our Site and explain what you can and cannot do when using the Site. You do not have to provide any information to us in order to use our Site; however, you must comply with these Terms of Use. If you choose to submit personal information to us, the terms of our Privacy Notice will apply.

Ownership and Intellectual Property Rights

All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, “look and feel”, and arrangement of the content available on the Site (collectively, “Site Content”) is owned, controlled, or licensed by or to us, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. Our name and logo, and the Site Content are all protected by United States and international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way our name or logo, Site Content, or any underlying software or source code.

You may print one copy and download extracts of any Site Content for your personal reference or internal business use, but you may not use, display, or distribute any of our Site Content for commercial profit or commercial exploitation. You must not modify the paper or digital copies of any Site Content that you have printed or downloaded, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. All copies of Site Content must display all original copyright and other proprietary notices.

Changes; Discontinuance of Site

We endeavor to regularly update our Site and the Site Content, but we are under no obligation to do so. The look, structure, functionality, and Site Content may be changed from time to time. We may suspend your access to the Site or portions of the Site, and we may discontinue the Site entirely at any time as we deem necessary in our sole and absolute discretion.

Prohibited Uses

You may use our Site and Site Content only for lawful purposes. You may not use our Site or Site Content:

in any way that breaches any applicable law or regulations;
in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm any individual in any way;
to use or re-use any Site Content in violation of these Terms of Use;
to cause us liability;
to introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
in any way that interferes with, damages, or disrupts any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site, or any equipment or network or software of any third party.

Remedies

You recognize that your breach of our ownership and intellectual property rights, and such other material terms set forth in these Terms of Use may cause us to suffer irreparable harm and damages. Accordingly, in the event of such breaches, you acknowledge and agree that we will be entitled to seek injunctive relief and all other available equitable remedies and legal damages as may be granted by a court of competent jurisdiction.

Warranty Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, OR LOST OR UNAVAILABLE NETWORK CONNECTIONS, ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL FOUNDATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

Indemnification

You will indemnify and hold us harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, or your misuse or abuse of the Site; or (iii) your violation of applicable laws, rules, or regulations in connection with your use of the Site. YOU AGREE TO INDEMNIFY AND HOLD US, OUR THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO US AND/OR OUR THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.

Privacy Notice

We collect and use certain information about you in accordance with our Privacy Notice. Please review the terms of our Privacy Notice before using our Site. By using our Site, you consent to such collection and processing of your information as described in our Privacy Notice.

Links to Other Sites

The Site and Site Content may contain links to other independent third-party websites (in all cases, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and based upon the Site Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information, or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Governing Law and Jurisdiction

These Terms of Use and any disputes concerning this document’s construction, interpretation, performance and/or validity, shall be controlled and construed under the laws of the State of Florida as if performed within the state and without giving effect to the principles of conflicts of laws. The Parties submit and consent to the exclusive jurisdiction of any state or federal court located within Miami, Florida and the Southern District of Florida. All actions or proceedings relating to these Terms of Use will be litigated in such courts, and each of the parties waives any objection that it may have based on improper venue or forum non conveniens to the conduct of any such action or proceeding in such court.

Updates to Terms of Use

We may revise these Terms of Use at any time by amending this page of our Site and indicating the most recent version by the date shown at the top. We will endeavor to place a notice on our Site indicating that changes have been made to these Terms of Use; however, you are expected to check the date of these Terms of Use to take notice of any changes we made, as they are binding on you. By using our Site, you agree to these Terms of Use in the most updated version.

Entire Agreement

These Terms of Use and the Privacy Notice constitute the entire agreement between us and you with respect to your use of the Site, and these documents supersede all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Additional Information; Contact

If you have any questions about these Terms of Use or any Site Content, please contact us at:
23150 Fashion Drive
Suite 231
Estero, FL 33928
Email: adamt@turmafintech.com
Thank you for visiting the TurmaFinTech Site.

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