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Terms
of USE
The Alliance Niagara FCU Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Alliance Niagara FCU Web
Site constitutes your agreement to all such terms, conditions,
and notices.
Modification
of these terms of use
Alliance Niagara FCU reserves the right to change the terms, conditions,
and notices under which the Alliance Niagara FCU Site/Services are offered.
You are responsible for regularly reviewing these terms and
conditions and additional terms. Your continued use of the
Alliance Niagara FCU Site/Services constitutes your agreement to all such
terms, conditions, and notices.
Personal
and non-commercial use limitation
Unless otherwise specified, the Alliance Niagara FCU 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 Alliance Niagara FCU site.
Links
to third party sites
The Alliance Niagara FCU Site/Services may contain links to third party
Web sites ("Linked Sites"). The Linked Sites are
not under the control of Alliance Niagara FCU and Alliance Niagara FCU 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. Alliance Niagara FCU is not responsible for web casting
or any other form of transmission received from any Linked
Site nor is Alliance Niagara FCU responsible if the Linked Site is not
working appropriately. Alliance Niagara FCU is providing these links to
you only as a convenience, and the inclusion of any link does
not imply endorsement by Alliance Niagara FCU 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 Alliance Niagara FCU 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.
Alliance Niagara FCU 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 Alliance Niagara FCU Site/Services,
you will not use the Alliance Niagara FCU Site/Services for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Alliance Niagara FCU Site/Services in
any manner, which could damage, disable, overburden, or impair
any Alliance Niagara FCU Site/Service(s) (or the network(s) connected
to any Alliance Niagara FCU Site/Service(s)) or interfere with any other
party's use and enjoyment of any Alliance Niagara FCU Site/Service(s).
You may not attempt to gain unauthorized access to any Alliance Niagara
FCU Site/Service, other accounts, computer systems or networks
connected to any Alliance Niagara FCU 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 Alliance Niagara FCU Sites/Services.
Materials
provided to Alliance Niagara FCU
Alliance Niagara FCU does not claim ownership of the materials you provide
to Alliance Niagara FCU (including feedback and suggestions) or post,
upload, input or submit to any Alliance Niagara FCU 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 Alliance Niagara FCU, 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. Alliance Niagara FCU is under no obligation
to post or use any Submission you may provide and Alliance Niagara FCU
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 Alliance Niagara FCU web site
All content and software (if any) that is made available
to view and/or download in connection with the Alliance Niagara FCU Site/Services
is owned by and is the copyrighted work of Alliance Niagara FCU 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, Alliance Niagara FCU hereby grants
to you, the user, a revocable personal, non-transferable license
to use the Software for viewing and otherwise using the particular
Alliance Niagara FCU 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 Alliance Niagara FCU SITE/SERVICES MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
MADE TO THE Alliance Niagara FCU SITE/SERVICES AND TO THE INFORMATION
THEREIN. Alliance Niagara FCU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Alliance Niagara FCU SITE/SERVICES
AT ANY TIME. ADVICE RECEIVED VIA THE Alliance Niagara FCU 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.
Alliance Niagara FCU 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 Alliance Niagara FCU SITE/SERVICES FOR ANY
PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Alliance Niagara FCU 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 Alliance Niagara FCU 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 A Alliance Niagara FCU SITE/SERVICE. YOU SPECIFICALLY AGREE THAT
Alliance Niagara FCU 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 Alliance Niagara FCU IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING
AND/OR INCLUDED IN A Alliance Niagara FCU SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL Alliance Niagara FCU 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 Alliance Niagara
FCU SITE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE
Alliance Niagara FCU 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 Alliance Niagara FCU SITE/SERVICES, OR OTHERWISE ARISING OUT
OF THE USE OF THE Alliance Niagara FCU SITE/SERVICES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Alliance Niagara FCU 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 Alliance Niagara
FCU SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Alliance Niagara
FCU SITE/SERVICES.
Termination/Access
Restriction
Alliance Niagara FCU reserves the right, in its sole discretion, to terminate
your access to the Alliance Niagara FCU Site/Services and the related
services or any portion thereof at any time, without notice.
Alliance Niagara FCU may also terminate or suspend your access to Alliance Niagara
FCU 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 Alliance Niagara FCU. The amount of time that Alliance Niagara
FCU currently considers as an "extended" period
of time may be viewed in the FAQ relating to the particular
service. Upon termination of the Alliance Niagara FCU Site/Service, your
right to use the Alliance Niagara FCU Site/Service immediately ceases.
Alliance Niagara FCU 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 NY, U.S.A, govern this agreement.
You hereby irrevocably consent to the exclusive jurisdiction
and venue of courts in CU State, U.S.A. in all disputes arising
out of or relating to the use of the Alliance Niagara FCU Site/Services.
Use of the Alliance Niagara FCU 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 Alliance Niagara FCU as a result of this agreement
or use of the Alliance Niagara FCU Site/Services. You agree to indemnify and hold Alliance Niagara
FCU, 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 Alliance Niagara FCU Site/Services.
Alliance Niagara FCU reserves the right to disclose any personal information
about you or your use of the Alliance Niagara FCU Site/Services, including
its contents, without your prior permission if Alliance Niagara FCU 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 Alliance Niagara FCU
or its affiliated companies; (3) enforce the terms or use;
or (4) act to protect the interests of its members or others.
Alliance Niagara FCU's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of Alliance Niagara FCU's right to comply with governmental,
court and law enforcement requests or requirements relating
to your use of the Alliance Niagara FCU Site/Services or information provided
to or gathered by Alliance Niagara FCU 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 Alliance Niagara FCU with respect
to the Alliance Niagara FCU Site/Services and it supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and Alliance Niagara FCU with respect
to the Alliance Niagara FCU 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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