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Effective Date:  June 18, 2010

NCSC Websites Terms of Use

National Cooperative Services Corporation ("NCSC") provides information through public websites and enables secure online account access through NCSC's private websites that require authentication. The NCSC private websites that require authentication shall be known as the “Restricted Sites” and refer to those portions of our websites that are secure, non-public and accessible only after a user has registered and been authorized by NCSC. The Restricted Sites, together with the portions of NCSC’s websites that are available to the general public without the need to register, are collectively referred to as the “NCSC Websites”. 

By accessing and using the NCSC Websites, you ("User(s)" and "you") agree to be bound by the terms and conditions set forth herein (“Terms of Use”). If you wish to access the Restricted Sites, you will also be required to indicate your acceptance of these Terms of Use when completing NCSC’s online registration form. For purposes of these Terms of Use, any action performed by you in relation to the Restricted Sites will be associated with and attributed to you and the organization that you are associated with or represent. You should read carefully and understand these Terms of Use, including the DISCLAIMERS, LIABILITY WAIVERS, LIMITATION OF DAMAGES, INDEMNITY, AND OTHER IMPORTANT TERMS AT THE END OF THESE TERMS OF USE, before accessing or authorizing access to the NCSC Websites. Your use of the NCSC Websites shall comply with the terms of these Terms of Use at all times.

The NCSC Websites contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws. You may view and download materials and content from the NCSC Websites according to your authorized account permissions and use such materials and content solely for informational and non-commercial purposes or as otherwise permitted by NCSC in writing, provided that you (i) keep all copyright and other proprietary notices intact, and (ii) do not (and do not allow any third party to) copy, modify, distribute, transmit, reproduce, display, publish, license, create derivative works from, sell, lease, otherwise exploit for commercial purposes, transfer, assign, or otherwise make unauthorized or improper use of the NCSC Websites and any information and materials obtained from them.

It is a violation of these Terms of Use for you to (i) use the NCSC Websites for illegal purposes, in violation of any applicable laws and regulations or in violation of the rules of any NCSC service providers, (ii) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any NCSC Websites pages, content, or user information, except as expressly permitted by NCSC, or (iii) use any other person’s authorization or credentials to access any portion of any Restricted Sites, whether or not you have the permission of such person.

NCSC reserves all rights associated with providing services and information through the NCSC Websites, including the right to terminate the use of and access to NCSC Websites for any misuse of the sites or the information contained therein. Users and the respective organizations that they are associated with or represent in relation to the Restricted Sites will be held responsible for any violation of the terms of these Terms of Use and NCSC will, in connection with any violation, pursue such penalties and remedies as the law provides.

License

By transmitting content to NCSC or the NCSC Website, you grant NCSC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, cache, modify, distribute, and transmit such content for purposes related to the NCSC Websites or NCSC’s business purposes, and waive any publicity rights in such content.  NCSC’s use of your personal information is described in our Privacy Policy, which is available at http://www.ncsc.coop/content/ncsc/privacy_policy.html.

Online User Account Security and Passwords

Authorized Users of the Restricted Sites are provided access to available online data according to their authorized account permissions by way of an online subscriber identification name, or User ID, and a password selected by the User. Users agree to keep these passwords private and further agree to refrain from sharing the passwords with any unauthorized person or allowing any unauthorized person to log onto or use the Restricted Sites. Passwords must be kept secure, and should not be revealed over the phone, in an unencrypted e-mail message, in writing, or stored on a portable data storage device, such as a laptop, flash drive, PDA, or mobile phone. You are solely responsible for any unauthorized use of your User ID and password.

Please notify NCSC promptly if you become aware that any password information or any area of the NCSC Websites has been compromised, or if you become aware of any unauthorized access to an account, whether or not such access was by someone who is generally authorized to access the system or is authorized to access other accounts.

Access to Other Online User Accounts

Each User's access to the Restricted Sites is limited to that portion of such NCSC Websites for which the User has authorized account permissions. If any User obtains unauthorized access to data or information that it knows, or reasonably should know, to be outside the area of its authorization, whether accessed through inadvertent or other means, the User shall immediately exit the area and is prohibited from saving, printing, storing, sending or making any other use of, maintaining, sharing, publishing or otherwise disseminating any data or information so accessed.

NCSC strives to protect User's account information by employing an array of technological and procedural data security measures, including these Terms of Use. Unfortunately, no one and no technology can promise absolute data security. Although we take commercially reasonable data security precautions, the security of online User accounts and information could be compromised by unauthorized entry or use, hardware or software failure, and other factors. You should promptly notify us of any misuse or unauthorized access that comes to your attention. We reserve the right to make reasonable investigation of any misuse or unauthorized access of secure information, including User's online accounts, and to contact law enforcement as we deem necessary or appropriate. By accessing and using the NCSC Websites after the effective date of these Terms of Use, you agree to cooperate with us in this regard and to abide by these Terms of Use.

Products & Services

Display of a product or service offering on the NCSC Websites is not a guarantee that the product or service offering is currently available or that it will be available on the NCSC Websites when you visit again.  Any description or reference to non-NCSC products or services in the NCSC Websites is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by NCSC.

Proprietary Rights

The NCSC Websites contain trademarks of NCSC and its third party licensors.  Unauthorized use of any NCSC or third party trademarks, service marks, or logos may be a violation of federal and state trademark laws.  You must obtain NCSC’s written permission prior to using any trademark or service mark of NCSC.  NCSC and/or its licensors own all intellectual property rights in the NCSC Websites, except as otherwise expressly indicated.  The NCSC Websites are protected by U.S. and international copyright laws.

DISCLAIMERS, LIABILITY WAIVERS, LIMITATION OF DAMAGES, INDEMNITY, AND OTHER IMPORTANT TERMS

NCSC IS NOT RESPONSIBLE FOR THE COMPLETENESS, TIMELINESS, ACCURACY OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, GENERATED OR MADE AVAILABLE VIA THE NCSC WEBSITES (THE "INFORMATION"), NOR FOR ANY DECISIONS OR ACTIONS THAT YOU MIGHT TAKE BASED ON INFORMATION. THE USE OF INFORMATION, OR RELIANCE ON IT, IS ENTIRELY AT YOUR OWN RISK. ANY SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE EXPERT, PROFESSIONAL, FINANCIAL OR LEGAL ADVICE OR OPINION. THE NCSC WEBSITES AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE NCSC WEBSITES ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. NCSC DISCLAIMS AND DOES NOT WARRANT THE OPERATION, PERFORMANCE, SAFETY OR SECURITY OF THE NCSC WEBSITES.

NCSC MAY TERMINATE, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, IN WHOLE OR IN PART AND WITHOUT PRIOR NOTICE, THE NCSC WEBSITES, OR YOUR ACCESS TO THEM. NCSC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE NCSC WEBSITES. 

NCSC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE NCSC WEBSITES OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED OR PROVIDED VIA THE NCSC WEBSITES, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS. Some jurisdictions do not allow exclusions of liability for certain types of damages.  Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.  In such cases, NCSC’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify and hold NCSC, and its affiliates, officers, directors, employees, partners, agents and contractors harmless from any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising from or in connection with (i) your use of the NCSC Websites (including all products and services available through the NCSC Websites) and Information, (ii) your failure to comply with these Terms of Use or other NCSC Websites policies, or (iii) your violation of any rights of another person through your use of the NCSC Websites.

NCSC reserves the right to modify these Terms of Use and all guidelines, rules and policies pertaining to the NCSC Websites, from time to time, without prior notice and at our sole discretion. Your use of the NCSC Websites following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were modified is the effective date set forth above. These Terms of Use are deemed to incorporate by reference all other notices, policies, disclaimers and other terms contained in the NCSC Websites. If a conflict exists between such other notices, policies, disclaimers and terms and these Terms of Use, these Terms of Use shall control. If any part of these Terms of Use is invalid, the remaining provisions or parts thereof shall remain effective. These Terms of Use, as modified from time to time and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and NCSC with respect to the subject matter hereof.  NCSC shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any other cause beyond the reasonable control of NCSC.

These Terms of Use are governed by, and will be interpreted under, the laws of the Commonwealth of Virginia, without regard to choice or conflicts of law rules. Any legal action regarding these Terms of Use shall be commenced and heard in the Circuit Court of Fairfax County, Virginia or the United States District Court for the Eastern District of Virginia. You agree to submit and consent to the jurisdiction and venue of these courts, irrevocably waive any right you may have to commence any action against NCSC in any other court and irrevocably waive any rights or defenses in any such action based on lack of personal jurisdiction or improper or inconvenient venue. The NCSC Websites are operated by NCSC from the United States of America.  NCSC makes no representation that the information in the NCSC Websites is appropriate or available for use in other locations, and access to the NCSC Websites from territories where the content may be illegal is prohibited.  Those who choose to access the NCSC Websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver of your breach of these Terms of Use will be a waiver of any other or subsequent breach.

The NCSC Websites may contain links and pointers to the websites of third parties as a convenience to our Users. NCSC does not operate or control, and does not necessarily endorse or recommend these sites, their operators or content. NCSC is not responsible or liable for the availability of such third-party sites, their content, or anything obtained through such third-party sites. 

If you have any questions about these Terms of Use, your online User account information or the acceptable use of your online User account access, please contact our Member Center, in writing, at membercenter@nrucfc.coop or National Cooperative Services Corporation, 20701 Cooperative Way, Dulles, VA 20166; or by telephoning the Member Center at (800) 424-2955.