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AGREEMENT BETWEEN USER AND
HTM CREDIT UNION
The HTM Credit Union Web Site is comprised of various Web pages
operated by HTM Credit Union. The HTM Credit Union Web Site is
offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained
herein. Your use of the HTM Credit Union Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE: HTM Credit Union reserves
the right to change the terms, conditions, and notices under
which the HTM Credit Union Web Site is offered, including but
not limited to the charges associated with the use of the HTM
Credit Union Web Site.
LINKS TO THIRD
PARTY SITES
The HTM Credit Union Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the
control of HTM Credit Union and HTM Credit Union 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. HTM Credit Union is not
responsible for webcasting or any other form of transmission
received from any Linked Site. HTM Credit Union is providing
these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by HTM Credit Union of the
site or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the HTM Credit Union Web Site, you
warrant to HTM that you will not use the HTM Credit Union Web
Site for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the HTM Credit
Union Web Site in any manner which could damage, disable,
overburden, or impair the HTM Credit Union Web Site or interfere
with any other party's use and enjoyment of the HTM Credit Union
Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available or provided for through the HTM Credit Union Web
Sites.
USE OF
COMMUNICATION SERVICES
The HTM Credit Union 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. HTM
Credit Union has no obligation to monitor the Communication
Services. However, HTM Credit Union reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. HTM Credit Union reserves the
right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever. HTM Credit Union 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 HTM Credit Union's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. HTM Credit Union does not control or endorse the
content, messages or information found in any Communication
Service and, therefore, HTM Credit Union specifically disclaims
any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized HTM Credit Union
spokespersons, and their views do not necessarily reflect those
of HTM Credit Union. 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 TO HTM Credit Union OR POSTED AT ANY HTM
Credit Union WEB SITE
HTM Credit Union does not claim ownership of the materials you
provide to HTM Credit Union (including feedback and suggestions)
or post, upload, input or submit to any HTM Credit Union Web
Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting HTM Credit Union,
its affiliated companies and necessary sublicensees 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. HTM Credit Union is
under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in HTM Credit
Union'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 THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Haverhill Teachers
Credit Union WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. HTM Credit Union AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE HTM Credit Union WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE HTM Credit Union WEB SITE
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. HTM
Credit Union AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE HTM Credit Union WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. HTM Credit Union AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HTM Credit
Union 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 HTM Credit Union
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HTM Credit
Union WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HTM Credit
Union WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HTM
Credit Union WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HTM Credit
Union 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 HTM Credit
Union WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HTM Credit Union
WEB SITE.
TERMINATION/ACCESS
RESTRICTION
HTM Credit Union reserves the right, in its sole discretion, to
terminate your access to the HTM Credit Union Web Site 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 Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the HTM Credit Union Web Site. Use
of the HTM Credit Union Web Site 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 HTM
Credit Union as a result of this agreement or use of the HTM
Credit Union Web Site. HTM Credit Union's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of HTM
Credit Union's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
HTM Credit Union Web Site or information provided to or gathered
by HTM Credit Union 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. Unless otherwise
specified herein, this agreement constitutes the entire
agreement between the user and HTM Credit Union with respect to
the HTM Credit Union Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and HTM Credit
Union with respect to the HTM Credit Union Web Site. 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 to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the Haverhill Teachers Credit Union Web Site
are: Copyright © 2010 HTM Credit Union and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example
companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred. Any rights not expressly granted herein are reserved.
NOTICES AND
PROCEDURE
FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's
Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims
of Copyright Infringement.
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