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Conditions of Use

Questions
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Acceptance of Terms
These Conditions of Use govern your use of any page(s) of the Northwest Farm Credit Services, ACA, Northwest Farm Credit Services, FLCA, and Northwest Farm Credit Services, PCA (collectively, “Northwest FCS”) website (this "website"). Every time you access or use this website, you agree that you are bound by, and accept in full, these Conditions of Use. If you do not agree to these Conditions of Use, do not access or use this website. Please read these Conditions of Use carefully before accessing or using the website.

These Conditions of Use are a binding legal contract between you and Northwest FCS that sets forth your rights and obligations with respect to the website, including important limitations and exclusions. Northwest FCS will endeavor to keep the website online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will Northwest FCS be liable to any party for any loss, cost or damage that results from any period of downtime of the website.

Use of Website
Northwest FCS hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this website. The website has been designed to present content in a unique format and appearance. Unless Northwest FCS gives you permission, you agree not to access the website using any interface other than the Northwest FCS interface or to download or reproduce any content from the website. Northwest FCS may deny permission to link to the website for any reason in the sole discretion of Northwest FCS, and you must be able to edit or delete promptly links that you create, upon the request of Northwest FCS. You may not use the website for anything other than a lawful and legitimate purpose. Regardless of the location from where the website is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the website.

In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (“Interfere”) with the operation of the website or related information systems. If you in any way Interfere with the website or the operation of the website, you agree to pay all damages incurred by Northwest FCS and its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the website is a material breach of these Conditions of Use and relieves Northwest FCS of any of its contractual or other legal obligations to you, including the obligations of Northwest FCS (including its confidentiality obligations) under these Conditions of Use or any other agreement between you and Northwest FCS related to this website. Northwest FCS will cooperate with the authorities in prosecuting anyone who Interferes with the website, or attempts to defraud any person through the website or the information obtained from the website. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE WEBSITE’S PRIVACY OR SECURITY MEASURES.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you represent that you are accessing or using this Website while under direct supervision of your parent or legal guardian. In such circumstances, your parent or legal guardian agrees to be bound by, and accepts in full, these Conditions of Use with respect to your access to and use of the website.

Modifications
Northwest FCS may at any time make modifications, changes, and alterations to the contents of this website, including these Conditions of Use, without prior notice. You are responsible for regularly reviewing these Conditions of Use. Your continued use of this website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Email
You may use the form in the Contact Us section of this website for general, non-urgent communications with Northwest FCS and to request information. You should not rely on this email feature to transmit or request sensitive personal information such as account numbers or to provide time-sensitive notices. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We reserve the right to terminate services if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex or national origin.

Northwest FCS currently offers subscription email updates. Subscription email options may be reduced and/or new email options may be offered from time to time. To unsubscribe from an email subscription, please click on the following link to Contact Us.

Website Links
These Conditions of Use apply only to your use of the website. Northwest FCS or its affiliated companies may have other conditions of use and privacy policies governing the services provided and information collected via other websites. Some third party websites or other third party resources may be linked to or embedded in the website (“Affiliate Sites”). These Affiliate Sites may have their own conditions of use and privacy policies, which Northwest FCS does not control and are not addressed by these Conditions of Use. Northwest FCS does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. NORTHWEST FCS HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. NORTHWEST FCS CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING OTHER LINKS, IS ACCURATE, LEGAL OR INOFFENSIVE. NORTHWEST FCS HAS NO LIABILITY FOR AFFILIATE SITES FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. NORTHWEST FCS DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER WEB ACCESS DEVICE. NORTHWEST FCS DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not NORTHWEST FCS.

Trademark, Copyright, and Intellectual Property Laws
Northwest FCS retains all rights with respect to the website. All content included or available in connection with the website, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the website (collectively with all information and material about Northwest FCS and its services, “Content”) and the selection and arrangement thereof, are the sole and exclusive property of Northwest FCS or its licensors. However, you are free to view, copy, print and distribute the Content as long as:

  • The Content is used for personal, non-commercial purposes only; and
  • copies of the Content include all applicable copyright notices.
 

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Northwest FCS or any third party.

THE CONTENT RELATED TO NORTHWEST FCS IS THE PROPRIETARY PROPERTY OF NORTHWEST FCS, OR NORTHWEST FCS LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, PERFORM, DISPLAY, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF NORTHWEST FCS. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE CONDITIONS OF USE.

All Content is: Copyright © 2017 Northwest FCS or its licensors. All rights reserved.

The trade name, logos, emblems, insignia, names of services and the trademarks of Northwest FCS (“Trademarks”) are the intellectual property of Northwest FCS. The Trademarks and other logos and trademarks that appear throughout the website belong to Northwest FCS, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of Northwest FCS, you agree not to display or use in any manner the Trademarks. The domain name for this website, all page headers, custom graphics, and button icons are service marks, trademarks, logos or trade dress of Northwest FCS. Nothing on the website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of Northwest FCS, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and services listed on the website may be the intellectual property of their respective owners.

Mobile Devices
The following terms apply to persons accessing this website through a mobile device:

  • Your wireless provider may charge for use of this website, including fees for receipt of text messages or data transmission.  These fees are not charged by Northwest FCS, and you should contact your wireless provider to determine what fees, if any, will be charged.
  • You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
 

Remedies and Corrective Action
Northwest FCS reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Conditions of Use, and expressly reserves all rights and remedies available to Northwest FCS at law or in equity. Subject to obligations of Northwest FCS under a user agreement, Northwest FCS reserves the right to prevent access to the website to you or any other user for any reason, at any time, at the reasonable discretion of Northwest FCS.

Indemnification
You agree to defend, indemnify and hold harmless Northwest FCS, its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, directors, members, employees, authorized representatives, contractors and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, or costs and expenses, including attorney fees, arising out of or related to your violation of these Conditions of Use, use of this website, services and products other than as expressly authorized in these Conditions of Use or your use of any information obtained from this website.

Governing Law and Venue
These Conditions of Use shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of Washington. Venue with respect to any disputes arising from the use of this website will rest exclusively in the courts of Spokane County, Washington, and the federal court for the Eastern District of Washington.

Severability
If any provision of these Conditions of Use is deemed to be unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY NORTHWEST FCS ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTHWEST FCS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NORTHWEST FCS DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. NORTHWEST FCS MAKES NO WARRANTY THAT THIS WEBSITE, IT’S SERVERS, OR EMAIL SENT FROM NORTHWEST FCS WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
IN NO EVENT WILL NORTHWEST FCS OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“REPRESENTATIVES”) T BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF NORTHWEST FCS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, OR EVEN IF SUCH DAMAGES WERE FORESEEABLE.

No Agency
Neither these Conditions of Use, nor any content, materials or features of this website create any partnership, joint venture, employment or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Assignment
You may not assign or transfer these Conditions of Use directly or indirectly without the prior written consent of Northwest FCS. These Conditions of Use are assignable by Northwest FCS. Any attempted assignment or delegation in violation of this section will be null and void.

References
References to and mentions of the word “including” or the phrase “e.g.” mean “including, without limitation.”

General
These Conditions of Use constitute the entire agreement between you and Northwest FCS and govern your use of this website. The failure of Northwest FCS to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or condition. Northwest FCS reserves the right to deny access to this website to anyone at any time.

Conditions of Use dated November 1, 2017.