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Terms Of Use

Terms Of Use

These Terms of Use are provided by Credit Union National Association, Inc.’s (“Credit Union Financial Exchange – CUFX”).   These Terms of Use will govern your use of Credit Union Financial Exchange – CUFX, access to all the audio and visual information, documents, text, software, services, and features contained or made available to you on or through access to the Credit Union Financial Exchange – CUFX Web Site.  This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent) in connection with any use of or access to Credit Union Financial Exchange – CUFX. When you access or use Credit Union Financial Exchange – CUFX, you enter into this Agreement both on your own behalf and, if such access or use is in the course of your employment or business, as an employee, officer, agent, partner, etc. of the organization that you represent, and references in this Agreement to "you" shall mean both you as the individual user and you in your capacity as a representative of your organization. By using Credit Union Financial Exchange – CUFX, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using Credit Union Financial Exchange – CUFX.

MODIFICATION OF THESE TERMS OF USE

Credit Union Financial Exchange - CUFX reserves the right to change the terms, conditions, and notices under which the Credit Union Financial Exchange - CUFX is offered, including but not limited to the terms of use and charges associated with the use of the Credit Union Financial Exchange - CUFX.  Other terms and conditions of use are also contained in other materials referenced on the Credit Union Financial Exchange - CUFX website or provided to you by Credit Union Financial Exchange – CUFX.

LINKS TO THIRD PARTY SITES

The Credit Union Financial Exchange - CUFX Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Credit Union Financial Exchange - CUFX and Credit Union Financial Exchange - CUFX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Credit Union Financial Exchange - CUFX is not responsible for webcasting or any other form of transmission received from any Linked Site. Credit Union Financial Exchange - CUFX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Credit Union Financial Exchange - CUFX of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Credit Union Financial Exchange - CUFX, you warrant that you will not use Credit Union Financial Exchange - CUFX for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Credit Union Financial Exchange - CUFX in any manner which could damage, disable, overburden, or impair Credit Union Financial Exchange - CUFX or interfere with any other party's use and enjoyment of Credit Union Financial Exchange - CUFX. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Credit Union Financial Exchange - CUFX Web Site.

USE OF COMMUNICATION SERVICES

The Credit Union Financial Exchange - CUFX Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Credit Union Financial Exchange - CUFX has no obligation to monitor the Communication Services. However, Credit Union Financial Exchange - CUFX reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Credit Union Financial Exchange - CUFX reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Credit Union Financial Exchange - CUFX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Credit Union Financial Exchange - CUFX's sole discretion.

Always use caution when giving out any personally identifying information in any Communication Service. Credit Union Financial Exchange - CUFX does not control or endorse the content, messages or information found in any Communication Service and, therefore, Credit Union Financial Exchange - CUFX specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Hosts, users and participants  are not authorized Credit Union Financial Exchange - CUFX spokespersons, and their views do not necessarily reflect those of Credit Union Financial Exchange - CUFX.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED OR POSTED

By posting, uploading, inputting, providing or submitting materials (“ Submissions”) you are granting Credit Union Financial Exchange - CUFX, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission if we so desire.

No compensation will be paid with respect to the use of your Submission, as provided herein. Credit Union Financial Exchange - CUFX is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Credit Union Financial Exchange - CUFX's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

Credit Union Financial Exchange - CUFX assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on Credit Union Financial Exchange - CUFX. While Credit Union Financial Exchange - CUFX strives to keep the information accurate, complete, and up-to-date, Credit Union Financial Exchange - CUFX cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content found at Credit Union Financial Exchange - CUFX. Some information on or obtained through, Credit Union Financial Exchange – CUFX is provided by third parties. Credit Union Financial Exchange - CUFX assumes no responsibility whatsoever for such third-party information. Credit Union Financial Exchange - CUFX has no obligation to monitor information transmitted by users. Credit Union Financial Exchange - CUFX does not control information posted by users and does not guarantee the accuracy, integrity or quality of information posted by such users. Information on Credit Union Financial Exchange - CUFX about a third party or a third party’s products or services does not indicate that Credit Union Financial Exchange - CUFX endorses such third party services or products or that Credit Union Financial Exchange - CUFX has any relationship with such third party.

Credit Union Financial Exchange - CUFX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF Credit Union Financial Exchange - CUFX CONTENT. THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND. Credit Union Financial Exchange - CUFX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, AND MERCHANTABILITY; WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Credit Union Financial Exchange - CUFX MAKES NO REPRESENTATION THAT Credit Union Financial Exchange - CUFX WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF Credit Union Financial Exchange - CUFX. IN NO EVENT SHALL Credit Union Financial Exchange - CUFX, ITS AFFILIATES, OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Credit Union Financial Exchange - CUFX OR WITH THE DELAY OR INABILITY TO USE Credit Union Financial Exchange - CUFX, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH Credit Union Financial Exchange - CUFX, OR OTHERWISE ARISING OUT OF THE USE OF Credit Union Financial Exchange - CUFX, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Credit Union Financial Exchange – CUFX, ITS AFFILIATES OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF Credit Union Financial Exchange - CUFX, WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL CONTENT, AND ALL SERVICES, EXCEED AN AMOUNT EQUAL TO ONE HUNDRED DOLLARS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. Credit Union Financial Exchange - CUFX MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Credit Union Financial Exchange - CUFX, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Credit Union Financial Exchange - CUFX.

TERMINATION/ACCESS RESTRICTION

Credit Union Financial Exchange - CUFX reserves the right, in its sole discretion, to terminate your access to Credit Union Financial Exchange - CUFX and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dane County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of Credit Union Financial Exchange - CUFX. Use of Credit Union Financial Exchange - CUFX is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Credit Union Financial Exchange - CUFX as a result of this agreement or use of Credit Union Financial Exchange - CUFX. Credit Union Financial Exchange - CUFX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Credit Union Financial Exchange - CUFX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Credit Union Financial Exchange - CUFX or information provided to or gathered by Credit Union Financial Exchange - CUFX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. In addition to these Terms of Use, use of Credit Union Financial Exchange - CUFX is subject to the Policies and Procedures of Credit Union Financial Exchange - CUFX. The terms of all such documents are incorporated in these Terms of Use by reference and are legally binding. Those Policies and Procedures, along with this and any other agreement executed between the parties, constitute the entire agreement between the user and Credit Union Financial Exchange - CUFX with respect to Credit Union Financial Exchange - CUFX and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Credit Union Financial Exchange - CUFX with respect to Credit Union Financial Exchange - CUFX. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of Credit Union Financial Exchange - CUFX are: Copyright protected by Credit Union National Association. Inc. unless attribution is given to others. All rights reserved.  The names of actual companies and products mentioned are the trademarks of their respective owners.

Arbitration.

By using Credit Union Financial Exchange - CUFX you agree that any claim or dispute ("Claim") you may have shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place within Wisconsin and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over such party. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This arbitration provision applies to all Claims now in existence or that may arise and shall survive the termination of any dealings between the parties.