Terms of Use



The Western New York Federal Credit Union website is offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of the Western New York Federal Credit Union website constitutes your agreement to all such terms, conditions and notices.

 

Modification of these terms of use

Western New York Federal Credit Union reserves the right to change the terms, conditions and notices under which the Western New York Federal Credit Union site/services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms. Your continued use of the Western New York Federal Credit Union site/services constitutes your agreement to all such terms, conditions and notices.

 

Limitation of Personal and Non-Commercial Use

Unless otherwise specified, the Western New York Federal Credit Union website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Western New York Federal Credit Union website.

 

Links to Third Party Sites

The Western New York Federal Credit Union site/services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of the Western New York Federal Credit Union and the Western New York Federal 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. The Western New York Federal Credit Union is not responsible for webcasting or any other form of transmission received from any Linked Site nor is the Western New York Federal Credit Union responsible if the Linked Site is not working appropriately.

The Western New York Federal Credit Union is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Western New York Federal Credit Union of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Western New York Federal Credit Union site/services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Western New York Federal Credit Union shall not be responsible or liable for any part of any such dealings or promotions.

 

Unlawful or Prohibited Use

As a condition of your use of the Western New York Federal Credit Union site/services, you will not use the Western New York Federal Credit Union site/services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Western New York Federal Credit Union site/services in any manner which could damage, disable, overburden or impair any of the Western New York Federal Credit Union site/service(s) (or the network(s) connected to any Western New York Federal Credit Union site/service(s)) or interfere with any other party’s use and enjoyment of any Western New York Federal Credit Union site/service(s).

You may not attempt to gain unauthorized access to any Western New York Federal Credit Union site/service, other accounts, computer systems or networks connected to any Western New York Federal Credit Union site/service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Western New York Federal Credit Union sites/services.

 

Materials Provided to the Western New York Federal Credit Union

The Western New York Federal Credit Union does not claim ownership of the materials you provide to the Western New York Federal Credit Union (including feedback and suggestions) or post, upload, input or submit to any Western New York Federal Credit Union site/service or its associated services for review by the general public (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting the Western New York Federal 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. The Western New York Federal Credit Union is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in its 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.

 

Software and Content Available Through This Website

All content and software (if any) that is made available to view and/or download in connection with the Western New York Federal Credit Union site/services is owned by and is the copyrighted work of the Western New York Federal Credit Union and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”).

You may not install or use any software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any software not accompanied by a license agreement, the Western New York Federal Credit Union hereby grants to you, the user, a revocable personal, non-transferable license to use the software for viewing and otherwise using the particular Western New York Federal Credit Union site/service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

You acknowledge that the software and any accompanying documentation and/or technical information are subject to applicable United States export control laws and regulations. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

 

Disclaimer of Liability

The information, software, products and services included in or available through the Western New York Federal Credit Union site/services may include inaccuracies or typographical errors. Changes are periodically made to the Western New York Federal Credit Union site/services and to the information therein. The Western New York Federal Credit Union and/or its respective suppliers may make improvements to and/or changes in the Western New York Federal Credit Union site/services at any time.

Advice received via the Western New York Federal Credit Union site/services 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. The Western New York Federal Credit Union and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Western New York Federal Credit Union site/services for any purpose.

All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. The Western New York Federal Credit Union and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that the Western New York Federal Credit Union shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Western New York Federal Credit Union site/service.

You specifically agree that the Western New York Federal Credit Union is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Western New York Federal Credit Union is not responsible for any content sent using and/or included in a Western New York Federal Credit Union site/service by any third party.

In no event shall the Western New York Federal Credit Union and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or 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 Western New York Federal Credit Union site/services, with the delay or inability to use the Western New York Federal Credit Union site/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Western New York Federal Credit Union site/services, or otherwise arising out of the use of the Western New York Federal Credit Union site/services.

Whether based on contract, tort, negligence, strict liability or otherwise, even if 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 Western New York Federal Credit Union site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Western New York Federal Credit Union site/services.

 

Termination / Access Restriction

The Western New York Federal Credit Union reserves the right, in its sole discretion, to terminate your access to Western New York Federal Credit Union site/services based on inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by the Western New York Federal Credit Union. The amount of time that the Western New York Federal Credit Union currently considers as an “extended” period of time may be viewed in the FAQ relating to the particular service. Upon termination of access to the Western New York Federal Credit Union site/service, your right to use the Western New York Federal Credit Union site/service immediately ceases. The Western New York Federal Credit Union shall have no obligation to maintain any content or to forward any unread or unsent messages to you or to any third party.

 

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volont é expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

 

General

This agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New York, U.S.A. in all disputes arising out of or relating to the use of the Western New York Federal Credit Union site/services. Use of the Western New York Federal Credit Union site/services 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 the Western New York Federal Credit Union as a result of this agreement or use of the Western New York Federal Credit Union site/services. You agree to indemnify and hold the Western New York Federal Credit Union, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Western New York Federal Credit Union site/services.

The Western New York Federal Credit Union reserves the right to disclose, without your prior permission, any personal information about you or your use of the Western New York Federal Credit Union site/services, including its contents, if the Western New York Federal Credit Union has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend its rights or property or those of its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its members or others.

The Western New York Federal 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 the Western New York Federal Credit Union’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Western New York Federal Credit Union site/services or information provided to or gathered by the Western New York Federal 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 the Western New York Federal Credit Union with respect to the Western New York Federal Credit Union site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Western New York Federal Credit Union with respect to the Western New York Federal Credit Union site/services.

A printed version of this agreement and of any notice given in electronic form shall be admissible in administrative or judicial 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.

Any rights not expressly granted herein are reserved to the Western New York Federal Credit Union.