The term "Florist," "us," "we" or "our" refers to The Florist Federal Credit Union. The term "you" refers to the user or viewer of our online services.
Unauthorized use of Florist's online services and systems, including but not limited to unauthorized entry into Florist's systems, misuse of passwords, or misuse of any information posted to online services, is strictly prohibited.
You agree not to attempt to access the online services from any country under sanctions by the Office of Foreign Assets Control (OFAC).
You agree to the terms and conditions set forth in this Terms and Conditions ("Agreement") with respect to this online service and any other online services (collectively “online services”) offered by Florist. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest version of the Agreement will be posted on the online services, and you should review this Agreement prior to using the online services. Other online services may have additional terms and conditions.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the online services are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Online services, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the online services. The posting of information or materials on the online services does not constitute a waiver of any right in such information and materials. Some of the content on the online services may be the copyrighted work of third parties.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the online services solely in accordance with this Agreement; and (b) to print out discrete information from the online services provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the online services or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
We may make available through the online services sample forms, checklists, and documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided without any representations or warranties, express or implied, as to their completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate for your particular circumstances.
You may provide links to the online services, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Online services, (b) your online services does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the online services immediately upon request by us.
We do not represent or warrant that the online services will be error-free. We do not represent or warrant that the information available on or through the online services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the online services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the online services.
Third party content may appear on the online services or may be accessible via links from the online services. We are not responsible for and assume no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account, contact information, location, e-mail addresses, usage history, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our officers, directors, owners, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the online services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE ONLINE SERVICES ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND ONLINE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS ONLINE SERVICES AND THE INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE ONLINE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Online services or information obtained, (ii) the unavailability or interruption of the Online services or any features thereof, (iii) your use of the online services, (iv) the content contained on the Online services, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
The Online services contains links to other online services. We are not responsible for the content, accuracy or opinions express in such online services, and such online services are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked online services on our online services does not imply approval or endorsement of the linked online services by us. If you decide to leave our online services and access these third-party online services, you do so at your own risk.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the online services;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the online services can be reached by directing an e-mail to the Copyright Agent at firstname.lastname@example.org.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the online services and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in the State of New Mexico, and shall be governed by and construed in accordance with the laws of the State of New Mexico (without regard to conflict of law principles). Any cause of action by you with respect to the online services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the online services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Online services (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New Mexico. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees.