TERMS OF USE
Your use of the websites on which these terms reside (collectively, the “Site”), and the features of this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. This Site is intended for individual age 18 and older. If you are under 18 years of age, you may not use this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to First Bermuda Securities through this Site, you agree to and are bound by the Terms, including, but not limited to, conducting this transaction electronically, disclaimers or warranties, damage, and remedy exclusions and limitations, binding arbitration and a choice of Bermuda law.
From time to time, we may update this Site and these Terms. Your continued use of this Site after we post any change to these Terms constitutes your agreement to those changes. Such updates will not apply retroactively. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. First Bermuda Securities may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that First Bermuda Securities will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Binding Arbitration, Jury Waiver, and Class Waiver
You and First Bermuda Securities agree that any controversy or claim arising out of or relating to the Site, use of the Site, this Agreement and/or the Privacy Policy shall be settled by binding arbitration in Bermuda.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTON PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Personal Information
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection, use and sharing practices.
Company Content
Content on this Site is provided by First Bermuda Securities or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of First Bermuda Securities and its licensors, and is protected under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits First Bermuda Securities and/or its licensors, that dilutes the strength of First Bermuda Securities’ or its licensor’s property, or that otherwise infringes or violates First Bermuda Securities’ or its licensors’ intellectual property rights. You further agree that you will not, in any other way, misuse any Company Content or third-party content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at info@fbs.bm .
Use of the Site and Posting Policy
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, or hateful’ (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by First Bermuda Securities in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional material or any other form of solicitation or unauthorised communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by First Bermuda Securities; that you will not post any content that contains personal information about any individual, violates the right or privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organisation, including without limitation, the personnel of First Bermuda Securities, or misrepresent an affiliation with another person or organisation; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights in any Company Content, or other access to the Site or features therein. First Bermuda Securities assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site.
By displaying, publishing, uploading, or otherwise posting any User Content on or through the Site, you hereby grant to First Bermuda Securities a non-exclusive, sub-licencable, worldwide, fully-paid, royalty free licence to use, modify, publicly perform, publicly display, reproduce, and distribute and create derivatives of or from such User Content in any and all media now known or hereinafter developed with the requirement to make payment to you or to any third party or the need to seek any third party permission. This licence includes the right to host, index, cache, distribute and tag any User Content, as well as the right to sub-licence User Content to third parties, including other user, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in User Content, and you continue to have the right to User Content in any way you choose, subject to these Terms and the licence described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site or have permission to submit, display, publish of post such content, that you have the right to grant the licence set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold First Bermuda Securities, its parents, subsidiaries, officers, employees and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including this Posting Policy section, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to First Bermuda Securities or this Site.
Representations, and Limitations of Liability
First Bermuda Securities makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. First Bermuda Securities makes no representations regarding the amount of time that any Content or User Content will be preserved.
First Bermuda Securities does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by First Bermuda Securities without the prior review and written approval of First Bermuda Securities.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INLCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES AND TO THE EXTENT ALLOWED UNDER APPLICABLE LAWS, INCLUDING NEGLIGENCE, SHALL FIRST BERMUDA SECURITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES’) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL FIRST BERMUDA SECURITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OR PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FIRST BERMUDA SECURITIES’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTIONS, OR UNAUTHORISED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL FIRST BERMUDA SECURITIES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OR ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF FIRST BERMUDA SECURITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third-Party Websites
This Site may hyperlink to sites not maintained by or related to First Bermuda Securities. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or First Bermuda Securities. First Bermuda Securities makes no representations or warranties about the content, completeness, or accuracy of any third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and First Bermuda Securities has no control over how your information is collected, used, or otherwise handled.
Miscellaneous
Both you and First Bermuda Securities acknowledge and agree that no partnership is formed and neither you nor First Bermuda Securities has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the laws of Bermuda without regard to conflicts of laws principles. By using this Site, you hereby agree that any action to enforce any arbitration award and any other disputes (if any) regarding these Terms that are not subject to arbitration will be subject to the courts located in Bermuda. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Site and/or these Terms, will be resolved individually, without resort to any form of class action. These Terms operate to the fullest extent permissible by law.
The failure of First Bermuda Securities to comply with these Terms because of an act of God, war, fire, riot, pandemic, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of First Bermuda Securities, shall not be deemed a breach of these Terms.
If First Bermuda Securities fails to act with respect to your breach or anyone else’s breach on any occasion, First Bermuda Securities is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms 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.
These Terms constitute a binding agreement between you and First Bermuda Securities and areaccepted by you upon your use of the Site. These Terms constitute the entire agreement between you and First Bermuda Securities regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement and that you agree to be bound by these Terms.