TERMS AND CONDITIONS
This website is owned and operated by First Community Capital, Inc. (“FCC”, “we,” “us” or “our”). First Community Capital provides this website, including all information, software and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices.
Your Use of the Website
This website is for your personal and noncommercial use. As a condition to your use of the website, you warrant to First Community Capital that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.
If you use this website and establish an account with us, in order to use and access restricted sites (e.g., through the My Correspondence feature) you are solely responsible for maintaining the confidentiality and security of your account and password, and you agree that all activities that occur under your account or password are your responsibility. You further agree to abide by the Restricted Sites Terms and Conditions, available at www.fccbi.org/, if applicable to you.
You explicitly consent to the collection, hosting, use, disclosure, and other processing or handling of information as described in the First Community Capital Privacy Notice located at https://www.fccbi.org/ as such notice may be amended by First Community Capital in its sole discretion from time to time.
Accuracy, Completeness and Timeliness of Information on the Website
We strive to provide accurate information on our website. We are not responsible, however, if the information we make available on this website is not accurate, complete, or current. The materials on this website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this website will be at your own risk. This website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.
Use of Materials From the Website
Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, graphics, and data) are the property of and owned by First Community Capital and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the website for your personal and noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by First Community Capital and/or its affiliates, suppliers or licensors under a license that is revocable at will by First Community Capital. First Community Capital and/or its affiliates, suppliers, or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of First Community Capital, is expressly prohibited. Requests for permission to undertake any of these activities should be mailed to
First Community Capital
13400 Kitching St.
Moreno Valley, CA 92553
www.fccbi/contact-us or email@example.com
Your use of any software available on this website is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, First Community Capital hereby grants to you a limited, personal, nontransferable, revocable license (to the object code only) to use the software for viewing and other personal, noncommercial purposes within the scope of use of such software anticipated by First Community Capital in accordance with these General Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranties, if any, disclaimer of warranties and limitations of liability set forth in these General Terms and Conditions. You must terminate your use of any such software in the event that your access to this website is terminated by First Community Capital.
Materials You Submit
The website may contain features and functionality permitting you to publish, upload, post, display, or otherwise submit (collectively, “Publish”) certain information, comments, and other content that may be viewed by us, the general public and other users of the website. You are responsible for any information, comments, or other content Published by you or any person using your computer. You agree not to publish any information, comments or other data that is or may reasonably be considered libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of information, comments, or other content Published by you. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content; provided, however, First Community Capital does screen Digital Communications in My Correspondence Accounts in accordance with its internal policies and as noted by in the Restricted Site Terms and Conditions, available at www.fccbi.org/
You may not use the website in any manner that could damage, disable, overburden or impair any First Community Capital server (including the servers of any First Community Capital’s third-party provider) or the network(s) connected to any First Community Capital server (including the servers of any First Community Capitalthird-party provider), or interfere with any other party's use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration in order to view, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by First Community Capital. Any access or use of web pages requiring registration are subject to your registration on the site and is further governed by the Restricted Sites Terms and Conditions available at www.fccbi.org/
If you do Publish information, comments or other content on or to the website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these General Terms and Conditions, and where applicable, the Restricted Sites Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective directors, officers, employees, representatives, and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content published by you, from your computer or using your user name and password, if any.
If you are a registered user on the website and are viewing web pages accessible only by registered users, your use of those web pages will be governed by the Restricted Sites Terms and Conditions applicable to registered users and available at www.fccbi.org/, and any conflicts between the Restricted Sites Terms and Conditions and these General Terms and Conditions shall be governed by the conflicting provision in the terms and conditions applicable to registered users.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. FIRST COMMUNITY CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR ANY CONTENT SUBMITTED TO THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SOFTWARE AND SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIRST COMMUNITY CAPITAL OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. FIRST COMMUNITY CAPITAL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY RESULTS OBTAINED BY YOU IN RELYING ON THE MATERIALS ON THIS WEBSITE OR THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE FIRST COMMUNITY CAPITAL GROUP (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless First Community Capital, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, the “First Community CapitalGroup”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the First Community CapitalGroup, and, if directed by First Community Capital, shall defend the First Community CapitalGroup against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these General Terms and Conditions, or use thereof by any member of the First Community CapitalGroup, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.
This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. First Community Capital does not control these other websites and is not responsible for their content; nor does First Community Capital’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in this First Community Capital website or have moved to another site.
First Community Capitalpermits linking to content on our website. Linking should not suggest that First Community Capitalpromotes or encourages any third party's causes, ideas, websites, products, or services. Linking should not use First Community Capital’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. First Community Capital reserves the right to withdraw permission for any link.
Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by applicable the United States and foreign copyright laws. Except as otherwise expressly provided in these General Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.
First Community Capital®, First Community Capital™ and other marks used on this website are trademarks or registered trademarks of First Community Capitaland its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
Changes to These General Terms and Conditions
This website is controlled and operated by First Community Capital from its principal office in the Commonwealth of Virginia, USA. The laws of the Commonwealth of Virginia govern these General Terms and Conditions and your use of the website. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of the Commonwealth of Virginia and the United States. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website. You may not use or export materials on this website in violation of United States export laws and regulations. This website is not intended to subject First Community Capital to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.
If a dispute arises under these General Terms and Conditions between you and any member of the First Community CapitalGroup, such dispute shall be resolved (i) in Richmond, Virginia, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these General Terms and Conditions, any member of the First Community CapitalGroup may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to such member of the First Community CapitalGroup or any third party claiming against a member of the First Community CapitalGroup, due to delay arising out of such dispute resolution procedures.
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between you and First Community Capital with respect to use of the website, superseding all prior or contemporaneous communications; except that use of any Restricted Sites are governed by the Restricted Sites Terms and Conditions. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about these General Terms and Conditions or this website, please Contact Us or write to us at:
First Community Capital
13400 Kitching St.
Moreno Valley, CA 92553