Terms of Use

Introduction

The following represents the terms of use and conditions (“Terms of Use") for users of MyTriumph.com. By using MyTriumph.com you are hereby agreeing and promising to comply with the following. Any violation of these Terms of Use may result in loss of access to MyTriumph.com. Any reference to ”Triumph” and/or “We” means TBK Bank, SSB d/b/a Triumph, its affiliates, successors, and assigns, and any reference to “You”, “Your” and/or “Client” means the user of the account registered to use MyTriumph.com. Collectively, the parties may be referred to as “Parties” and/or “Party”. You are solely responsible for the account that You registered with MyTriumph.com in Your name, notwithstanding, You allowing another person to use or access MyTriumph.com with Your login credentials.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of Texas, excluding its conflict of laws rules. All matters relating to or arising out of these Terms of Use, including any disputes and/or claims shall be construed under and enforced in accordance with the laws of the State of Texas. By using MyTriumph.com you are agreeing to submit exclusively to the jurisdiction of the State of Texas and waive any and all rights to objections over venue and jurisdiction.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of MyTriumph.com thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on MyTriumph.com. Your continued use of MyTriumph.com following the posting of revised Terms of Use means that You unconditionally accept and agree to the changes. You are expected to check this page each time You access MyTriumph.com so You are aware of any changes, as they are binding on You.

Prohibited Use

Your access to use MyTriumph.com is conditioned upon Your compliance to these Terms of Use, the Factoring and Security Agreement, the Guaranty (or Guaranties), and any other agreement You entered into with Triumph. Triumph reserves the right to disable, limit or remove access for any and all users of MyTriumph.com if, in our sole discretion, there has been a breach of any of the above-mentioned agreements and/or Triumph feels insecure as to the factoring relationship with Client or Client’s use of MyTriumph.com.

You, hereby, agree not to use MyTriumph.com:

  • In violation of local, state, and/or federal laws and regulations.

  • To send, upload, or submit, whether knowingly or negligently, material that may be considered explicit, inappropriate, offensive, insensitive, vulgar, discriminatory, exploitative, or in any other way harmful.

  • To send, upload or submit altered, manipulated, fraudulent paperwork or images, whether knowingly or negligently.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To upload malware, any other virus, or any other malicious programs, that could disable, damage, or impair MyTriumph.com or interfere with other users’ ability to use and access MyTriumph.com.

  • To copy, manipulate, monitor, or control MyTriumph.com and any of the material on MyTriumph.com, whereby using an automatic device such as, including but not limited to, robots, screen scrapers, data mining software, and/or using a manual process.

  • Overloading or engaging in high-volume data transfers in an attempt to crash MyTriumph.com.

Intellectual Property

MyTriumph.com and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Triumph, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Triumph’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Triumph or its affiliates or licensors. You must not use such marks without the prior written permission of Triumph which permission may be denied or withheld in Triumph’s sole and exclusive discretion. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Indemnification

You agree to indemnify and hold harmless Triumph, including its officers, employees, shareholders, entities thereof, affiliates, parents, agents, successors, assigns and all persons, firms or corporations, from any demands, claims, loss, liability, damages and costs arising from Your use of MyTriumph.com and, whomever, You allow or give permission to use Your access to MyTriumph.com.

Disclaimer and Warranty

You understand that we cannot and do not guarantee or warrant that files and documents available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability and Warranty

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.