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The WCFCU Web Site is offered to
you conditioned on your acceptance without modification
of
the terms, conditions, and notices contained herein.
Your use of the WCFCU Web Site
constitutes your agreement to all such terms, conditions,
and notices.
Modification of these
terms of use
WCFCU reserves the right to change the terms, conditions,
and notices under which the
WCFCU Site/Services are offered. You are responsible
for regularly reviewing these terms and
conditions and additional terms. Your continued use
of the WCFCU Site/Services constitutes your
agreement to all such terms, conditions, and notices.
Personal and non-commercial
use limitation
Unless otherwise specified, the WCFCU Site is for your
personal and non-commercial use. You
may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained
from the WCFCU site.
Links to third party sites
The WCFCU Site/Services may contain links to third
party Web sites ("Linked Sites"). The Linked
Sites are not under the control of WCFCU and WCFCU
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. WCFCU is not responsible
for web casting or any other form of
transmission received from any Linked Site nor is WCFCU
responsible if the Linked Site is not
working appropriately. WCFCU is providing these links
to you only as a convenience, and the
inclusion of any link does not imply endorsement by
WCFCU of the site or any association with
its operators. You are responsible for viewing and abiding
by the privacy statements and terms of
use posted at the Linked Sites. Any dealings with third
parties (including advertisers) included
within the WCFCU Site/Services or participation in
promotions, including the delivery of and the
payment for goods and services, and any other terms,
conditions, warranties or representations
associated with such dealings or promotions, are solely
between you and the advertiser or other
third party. WCFCU shall not be responsible or liable
for any part of any such dealings or
promotions.
No unlawful or prohibited
use
As a condition of your use of the WCFCU Site/Services,
you will not use the WCFCU
Site/Services for any purpose that is unlawful or prohibited
by these terms, conditions, and
notices. You may not use the WCFCU Site/Services in
any manner, which could damage, disable,
overburden, or impair any WCFCU Site/Service(s) (or
the network(s) connected to any WCFCU
Site/Service(s)) or interfere with any other party's
use and enjoyment of any WCFCU
Site/Service(s). You may not attempt to gain unauthorized
access to any WCFCU Site/Service,
other accounts, computer systems or networks connected
to any WCFCU Site/Service, 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
WCFCU Sites/Services.
Materials provided to
WCFCU
WCFCU does not claim ownership of the materials you
provide to WCFCU (including feedback
and suggestions) or post, upload, input or submit to
any WCFCU Site/Service or its associated
services for review by the general public (each a "Submission"
and collectively "Submissions").
However, by posting, uploading, inputting, providing
or submitting your Submission you are
granting WCFCU, its affiliated companies and necessary
sublicenses permission to use your
Submission in connection with the operation of their
Internet 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. No compensation will be paid with respect
to the use of your Submission, as
provided herein. WCFCU is under no obligation to post
or use any Submission you may provide
and WCFCU may remove any Submission at any time in
its 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.
Software & content
available through the WCFCU web site
All content and software (if any) that is made available
to view and/or download in connection
with the WCFCU Site/Services is owned by and is the
copyrighted work of WCFCU and/or its
suppliers and is protected by copyright laws and international
treaty provisions. Your use of the
Software is governed by the terms of the end user license
agreement, if any, which accompanies
or is included with the Software ("License Agreement").
You may not install or use any Software
that is accompanied by or includes a License Agreement
unless you first agree to the License
Agreement terms. For any software not accompanied by
a license agreement, WCFCU hereby
grants to you, the user, a revocable personal, non-transferable
license to use the Software for
viewing and otherwise using the particular WCFCU Site/Service
in accordance with these Terms
of Use, and for no other purpose provided that you keep
intact all copyright and other proprietary
notices. Any reproduction or redistribution of the content
and/or Software is expressly prohibited
by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the
maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION
OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
You acknowledge that the
Software, and any accompanying documentation and/or
technical information, is subject to
applicable export control laws and regulations of the
USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries
that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE
THROUGH THE WCFCU SITE/SERVICES MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WCFCU
SITE/SERVICES AND TO THE
INFORMATION THEREIN. WCFCU AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WCFCU SITE/SERVICES
AT ANY TIME. ADVICE
RECEIVED VIA THE WCFCU SITE/SERVICES SHOULD NOT BE
RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WCFCU AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL
COMPONENTS AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED
GRAPHICS CONTAINED WITHIN THE WCFCU SITE/SERVICES FOR
ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. WCFCU
AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY
AGREE THAT WCFCU SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR
RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH AN
WCFCU SITE/SERVICE. YOU SPECIFICALLY AGREE THAT WCFCU
IS NOT RESPONSIBLE OR
LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT
OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT WCFCU IS
NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED
IN AN WCFCU
SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL WCFCU
AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THE WCFCU SITE/SERVICES, WITH
THE DELAY OR INABILITY
TO USE THE WCFCU SITES/SERVICES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE WCFCU SITE/SERVICES,
OR OTHERWISE ARISING
OUT OF THE USE OF THE WCFCU SITE/SERVICES, WHETHER BASED
ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WCFCU
OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.
IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE WCFCU SITES/SERVICES, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WCFCU
SITE/SERVICES.
Termination/Access Restriction
WCFCU reserves the right, in its sole discretion, to
terminate your access to the WCFCU
Site/Services and the related services or any portion
thereof at any time, without notice. WCFCU
may also terminate or suspend your access to WCFCU
Site/Service(s) for inactivity, which is
defined as failing to log into a particular service
for an extended period of time, as determined by
WCFCU. The amount of time that WCFCU currently considers
as an "extended" period of time
may be viewed in the FAQ relating to the particular
service. Upon termination of the WCFCU
Site/Service, your right to use the WCFCU Site/Service
immediately ceases. WCFCU shall have
no obligation to maintain any content or to forward
any unread or unsent messages to you or
any third party.
Language
It is the express will of the parties that this agreement
and all related documents have been
drawn up in English. C'est la volont é expresse
des parties que la présente convention ainsi
que
les documents qui s'y rattachent soient rédigés
en anglais.
General
The laws of the State of New York, U.S.A, govern this
agreement. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts
in New York, U.S.A. in all disputes
arising out of or relating to the use of the WCFCU
Site/Services. Use of the WCFCU
Site/Services 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 WCFCU as a
result of this agreement or use of the WCFCU Site/Services.
You agree to indemnify and hold
WCFCU, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim,
demand, or damage, including reasonable attorneys' fees,
asserted by any third party due to or
arising out of your use of or conduct on the WCFCU
Site/Services. WCFCU reserves the right to
disclose any personal information about you or your
use of the WCFCU Site/Services, including
its contents, without your prior permission if WCFCU
has a good faith belief that such action is
necessary to: (1) conform to legal requirements or comply
with legal process; (2) protect and
defend the rights or property of WCFCU or its affiliated
companies; (3) enforce the terms or use;
or (4) act to protect the interests of its members or
others. WCFCU's performance of this
agreement is subject to existing laws and legal process,
and nothing contained in this agreement
is in derogation of WCFCU's right to comply with governmental,
court and law enforcement
requests or requirements relating to your use of the
WCFCU Site/Services or information
provided to or gathered by WCFCU 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 supers eded 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.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between the
user and WCFCU with respect to the WCFCU Site/Services
and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between
the user and WCFCU with respect to the WCFCU Site/Services.
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.
Any rights not expressly granted herein are reserved. |
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