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Terms of Use

Effective Date:  May 16, 2016

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

RTFC Websites Terms of Use

Rural Telephone Finance Cooperative ("RTFC") provides information through public websites and enables secure online account access through RTFC's private websites that require authentication. The RTFC 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 RTFC. A user is authorized by RTFC only if the individual is (i) an employee, board member or authorized agent of an RTFC member or affiliate, or (ii) an individual employed by a non-member organization granted access by RTFC for a particular purpose; but such authority shall be limited to only those portions of the Restricted Sites that RTFC authorizes the user to access. Under no circumstances will any individual employed by or affiliated with a direct or indirect competitor of RTFC or the National Rural Utilities Cooperative Finance Corporation be considered an authorized user of the Restricted Sites. The Restricted Sites, together with the portions of RTFC’s websites that are available to the general public without the need to be an authorized user, are collectively referred to as the “RTFC Websites.”

By accessing and using the RTFC Websites, you ("User(s)" and "you") agree to be bound by the terms and conditions set forth herein (“Terms of Use”) as modified from time to time by RTFC. These Terms of Use constitute a legal contract between you and RTFC, and by accessing or using any part of the RTFC Websites you represent and warrant that you have the right, power and authority to use the RTFC Websites you access and agree to and be bound by these Terms of Use. 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 RTFC Websites. Your use of the RTFC Websites shall comply with the terms of these Terms of Use at all times. If you do not agree to the Terms of Use, if you do not have the right, power and authority to use the RTFC Websites you access, or you do not agree to be bound by the Terms of Use, you may not use the RTFC Websites.

The information, data, text, software, source code, photographs, images, graphics, multi-media content, organization, layout, design, materials, documents, spreadsheets, financial models, formulas and other content (the “Content”) contained on or provided through the RTFC Websites are proprietary and/or confidential information of RTFC, its affiliates and their third party licensors and is protected by applicable intellectual property and other laws. You may view and download Content from the RTFC Websites according to your authorized account permissions and use such materials and content solely for your internal business purposes or as otherwise permitted by RTFC 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, or otherwise exploit Content for commercial purposes.

License

By transmitting content to RTFC or the RTFC Website, you grant RTFC a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, cache, modify, distribute, and transmit such content for purposes related to the RTFC Websites or RTFC’s business purposes, and waive any publicity rights in such content. 

You represent and warrant that (a) you own or have the full right, power and authority to grant to RTFC use of and rights in and to all content you submit to RTFC, (b) your license of such content to RTFC does not, and the use of such content by RTFC will not infringe any right or interest owned or possessed by any third party, and (c) there are no claims or judgements relating to such content.

Privacy

RTFC is committed to respecting the privacy of your personal information in connection with your use of the RTFC Websites. We take great care to keep your personal information confidential and secure. RTFC’s use of your personal information is described in our Privacy Policy, which is available at https://www.rtfc.coop/content/rtfc/privacy_policy.html and which is hereby incorporated into, and made part of, these Terms of Use.

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. You agree that, by using a User ID and password to access the Restricted Sites, that RTFC may use the User ID and passcode as a means to authenticate your identity for purposes of using the Restricted Sites. RTFC is under no obligation to confirm the actual identity or authority of any party accessing the Restricted Sites using your User ID and password. Users agree to keep these passwords private and further agree to refrain from sharing the passwords with any other person or allowing any other 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 or in writing and should not be stored on a portable data storage device, such as a laptop, flash drive, tablet, or mobile phone. You are solely responsible for any unauthorized use of your User ID and password.

Please notify the RTFC Member Center (identified at the end of the Terms of Use) promptly if you become aware that any password information or any area of the RTFC 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.

Prohibited Uses

It is a violation of these Terms of Use for you to (i) use the RTFC Websites for illegal purposes or in violation of any applicable laws and regulations, (ii) defeat or circumvent passcodes or other security features, (iii) use the RTFC Websites or any products or services provided thereunder for other than their intended purposes, (iv) use any Content to represent that RTFC endorses or has retained you, or any person or company associated or affiliated with you, to provide any services on behalf of RTFC unless approved by RTFC in writing, (v) obtain, alter, damage or destroy Content or otherwise to interfere with the RTFC Websites systems of operation (vi) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any RTFC Websites pages, Content, or user information, except as expressly permitted by RTFC, (vii) transmit software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the RTFC Websites, RTFC servers or RTFC networks, or (vii) impersonate any person or entity, including but not limited to an authorized user, or falsely state or otherwise misrepresent any registration information provided to RTFC.

RTFC reserves all rights associated with providing services and information through the RTFC Websites, including the right to terminate the use of and access to RTFC Websites for any reason, including for the prohibited uses set forth above. Users and the respective organizations that they are associated with or represent in relation to the RTFC Websites will be held responsible for any violation of these Terms of Use and RTFC will, in connection with any violation, pursue such penalties and remedies as the law provides.

Access to Other Online User Accounts

Each User's access to the Restricted Sites is limited to that portion of such RTFC Websites for which the User has authorized account permissions. If any User obtains unauthorized access to Content 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 or storing, maintaining or making any use of, printing, sending, sharing, publishing or otherwise disseminating any data or information so accessed.

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

Proprietary Rights

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

Procedure for Making Notification of Claims of Copyright Infringement

If you believe that your work has been copied and is available on the RTFC Websites in a way that constitutes copyright infringement, you may notify RTFC according to the notice requirements of the Digital Millennium Copyright Act and any other applicable law. Pursuant to 17 U.S.C. Section 512, RTFC’s registered agent under the Digital Millennium Copyright Act can be reached as follows: by mail to Legal Department (attn: General Counsel), National Rural Utilities Cooperative Finance Corporation, 20701 Cooperative Way, Dulles, VA 20166; or by e-mail to Compliance-ControlRoom@nrucfc.coop.

Links

The RTFC Websites may contain links and pointers to the websites of third parties as a convenience to our Users. RTFC does not operate or control, and does not necessarily endorse or recommend these sites, their operators or content. RTFC is not responsible or liable for the availability of such third-party sites, their content, or anything obtained through such third-party sites. Different terms and conditions may apply to your use of any linked websites. It is your responsibility to review any such terms and conditions in connection with your use of any such websites.

Export Restrictions

The RTFC Websites are operated by RTFC from the United States of America. RTFC makes no representation that the information in the RTFC Websites is appropriate or available for use in other locations, and access to the RTFC Websites from territories where the content may be illegal is prohibited. Those who choose to access the RTFC Websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The products and services provided through the RTFC Websites may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specifically Designated National or the U.S. Commerce Department’s Table of Denial Orders.

DISCLAIMERS, LIABILITY WAIVERS, LIMITATION OF DAMAGES, AND INDEMNITY

RTFC IS NOT RESPONSIBLE FOR THE COMPLETENESS, TIMELINESS, ACCURACY OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, GENERATED OR MADE AVAILABLE VIA THE RTFC 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 RTFC WEBSITES AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE RTFC 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. RTFC DISCLAIMS AND DOES NOT WARRANT THE OPERATION, PERFORMANCE, SAFETY OR SECURITY OF THE RTFC WEBSITES.

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

RTFC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE RTFC WEBSITES OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED OR PROVIDED VIA THE RTFC 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, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE RTFC WEBSITES, THE INFORMATION CONTAINED IN THE RTFC WEBSITES OR INFORMATION OBTAINED BY THE USER FROM ANY HYPERLINKS TO DOCUMENTS LOCATED WITHIN AND WITHOUT THE RTFC WEBSITES.

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, RTFC’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify and hold RTFC, 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 RTFC Websites (including all products and services available through the RTFC Websites) and Information, (ii) your failure to comply with these Terms of Use or other RTFC Websites policies, or (iii) your violation of any rights of another person through your use of the RTFC Websites.

Miscellaneous

RTFC reserves the right to modify these Terms of Use and all guidelines, rules and policies pertaining to the RTFC Websites, from time to time, without prior notice and at our sole discretion. Any notices provided to you containing any additional terms concerning your use of the RTFC Websites shall automatically, and without any additional action by RTFC, be incorporated and considered part of these Terms of Use. Your use of the RTFC 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 RTFC 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, any written agreement between you or the organization you represent on the one hand, and RTFC on the other hand, and any policies that are incorporated by reference in either of the foregoing, set forth the entire understanding and agreement between you and RTFC with respect to the subject matter hereof.  RTFC shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service, including but not limited to any delay or failure 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 RTFC.

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 RTFC 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. No waiver of your breach of these Terms of Use will be a waiver of any other or subsequent breach.

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 Rural Telephone Finance Cooperative, 20701 Cooperative Way, Dulles, VA 20166; or by telephoning the Member Center at (800) 424-2955.