Terms of Use

 
 

Posted 11/6/2015

Introduction
These Terms of Use apply to the Farm Credit Services Southwest websites located at fcssw.com (collectively the “FCSSW Website”). The FCSSW Website is the property of Farm Credit Services Southwest (which consists of Farm Credit Services Southwest, ACA, Farm Credit Services Southwest, FLCA and Farm Credit Services Southwest, PCA). Please read these Terms of Use carefully before using the FCSSW Website or any features or services of this site, or any services or features provided by third parties through this site, including but not limited to, myFCW, Online Banking, and any other enhanced products or features that may be added to the FCSSW Website from time to time.

Acceptance of Terms
These Terms of Use govern your use of the FCSSW Website and any pages, features or products of, or offered through the FCSSW Website. Every time you access or use this website and any pages, products or features of, or offered through this website, you agree that you are bound by, and accept in full, these Terms of Use. If you do not agree to these Terms of Use, do not use or access this website or any pages of this website and exit the site immediately. Please note that you will also be required to accept the terms of use and/or other agreements of third party providers to the extent you utilize any services or features provided by third parties through this site, including but not limited to, the terms of use of Farm Credit West, Online Banking Agreement and/or Site Usage Agreement, when accessing or using those services or features.

Restrictions on Use of Website
You may not, for commercial or public purposes, copy, modify, upload, distribute, transmit, display, reproduce, transfer, resell, or republish any of the contents of this website without the prior written consent of Farm Credit Services Southwest, which consent may be withheld in Farm Credit Services Southwest’s sole discretion. Unauthorized use of the FCSSW Website and systems, including but not limited to unauthorized entry into Farm Credit Services Southwest systems, misuse of passwords, or misuse of any information posted on this website is strictly prohibited and may subject you to prosecution. Your eligibility for particular products and services is subject to final determination by Farm Credit Services Southwest.

Modifications
We reserve the right, at our discretion, to change, modify, add or delete portions of the content this website, including these Terms of Use, at any time without prior notice by posting updated Content and Terms of Use on the FCSSW Website. Any such changes, modifications, additions or deletions shall be effective immediately upon their posting to the FCSSW Website, so please check these Terms of Use frequently for updates. Your continued use of this website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Your Account
Certain features or services offered on or through the FCSSW Website may require you to register, enroll or create an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Farm Credit Services Southwest immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Farm Credit Services Southwest or any other user of or visitor to the Farm Credit Services Southwest Website due to someone else using your ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

Email
You may use the email feature in the Contact Us section of this website for general, non-urgent communications with Farm Credit Services Southwest 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.

Website Links
This website may contain links and pointers to Internet sites that are not maintained by Farm Credit Services Southwest, including but not limited to myFCW and Online Banking. Consequently, Farm Credit Services Southwest cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on such sites. Farm Credit Services Southwest makes no warranties or representations regarding these websites or the information, materials, products or services offered on them. Third-party links are included solely for your convenience, and do not constitute any endorsement by Farm Credit Services Southwest. You assume sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party websites. By clicking on links to other sites, you acknowledge that Farm Credit Services Southwest is not responsible for those sites. Farm Credit Services Southwest does not control the privacy or security practices of third parties and you should read the privacy and security policies of the other sites, as their practices may differ from ours.

Trademarks, Copyright and Intellectual Property Rights
All text, graphics, images, video, user interfaces, visual interfaces, photographs, materials, trademarks, service marks, trade names, trade dress, logos, sounds, music, artwork, software, metadata information, industry information and studies and other copyrightable material (collectively, “Content”), including but not limited to the design, structure, expression, “look and feel” and arrangement of such Content, contained on the FCSSW Website is owned, controlled or licensed by or to Farm Credit Services Southwest and/or third-party licensors, and such Content is protected by U.S. and international copyright laws, trade dress and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the FCSSW Website and no Content may be copied, reproduced, republished, uploaded, transmitted, publicly displayed, posted, encoded, or translated or distributed to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Farm Credit Services Southwest.

You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto associated with or provided to you in order to access the FCSSW Website.

Unless otherwise stated, Farm Credit Services Southwest does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its products and services. Any such postings to this website and electronic mail delivered to Farm Credit Services Southwest will be considered non-confidential and non-proprietary, and will remain, the exclusive property of Farm Credit Services Southwest. Farm Credit Services Southwest may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

Indemnification
You agree to defend, indemnify and hold harmless Farm Credit Services Southwest and all officers, directors, members, employees, authorized representatives and agents and licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, costs, liability and expenses, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising from or related to your, or any user of your accounts, breach of these Terms of Use or use of this website.

Disclaimer of Warranty
THIS WEBSITE IS PROVIDED BY FARM CREDIT SERVICES SOUTHWEST ON AN "AS IS" AND "AS AVAILABLE" BASIS. FARM CREDIT SERVICES SOUTHWEST 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, FARM CREDIT SERVICES SOUTHWEST 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. FARM CREDIT SERVICES SOUTHWEST MAKES NO WARRANTY THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM FARM CREDIT SERVICES SOUTHWEST 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 FARM CREDIT SERVICES SOUTHWEST OR REPRESENTATIVES THEREOF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING 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 FARM CREDIT SERVICES SOUTHWEST OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Miscellaneous Provisions
Additional terms and conditions may apply to certain services and to specific portions or features of the FCSSW Website, including myFCW, Online Banking or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the FCSSW Website or for any service or product offered on or through the FCSSW Website, including those products or services offered by a third party, the latter terms shall control with respect to your use of that portion of the FCSSW Website or the specific product or service.

Farm Credit Services Southwest’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the FCSSW Website should be construed to alter such agreements.

These Terms of Use, together with the Privacy Statement of the FCSSW Website, represent the entire understanding of the parties regarding the use of the FCSSW Website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Maricopa County, Arizona, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.