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Welcome to the NCB website available at and under the domain name ncb.com and ncb.coop and other such other or successor domain names as NCB may make available operate, acquire or use from time to time (this “Site”). By complying with this Terms of Service Agreement (this “Agreement”), we hope your online experience with us will be safe and rewarding.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
The Services are intended for use only by individuals and legal entities (such as small businesses, cooperatives, associations and membership organizations), based in the United States, that can form legally binding contracts under applicable law. If you do not satisfy the foregoing, you may not use any of the Services. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract (if you are an individual), or that you have been duly authorized by your corporation, partnership, or other legal entity, to enter into agreements on behalf of that entity (if you represent a legal entity).
1. NCB Reserves the Right to Revise this Agreement. NCB reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site or the websites of NCB’s related or affiliated entities. Your continued use of this Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
2. NCB May Revise or Terminate Any Part of the Services at Any Time. NCB reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that neither NCB, its partners or affiliates shall be liable to you for any modification, general suspension or discontinuance of any Services. NCB may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by NCB. We post legal notices and various credits on pages of this Site, which may not be removed even in your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Deep Links. You shall not “deep-link” to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by NCB to do so.
(c) Framing and Inlining. You shall not frame or inline (framing without a border around the framed content) this Site, meaning that you will not display of the contents of this Site on another web page without our express permission
(d) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. NCB reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services.
(e) Accurate Information. You may be required to log-on or register in order to access and use some areas of our Site. You agree to provide certain current, complete, not misleading, true and accurate information as required to complete the registration form and at other points as may be required in the course of your using the Services. You agree not to use a false or misleading name or a name that you are not authorized to use.
(f) Account Passwords. If applicable, you will be able to access certain portions of this Site as a “Registered User” (customer) of the Services. As a Registered User, you will receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your password and account is solely your responsibility. Do not divulge your password to anyone else, and do not use anyone else’s password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that NCB will not be responsible for any losses incurred in connection with any misuse of passwords. If NCB has reasonable grounds to suspect that the security of your password has been compromised, NCB has the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies.
(g) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You are responsible for your communication content and transmissions. You represent and warrant that any information you post or provide to NCB by means of the Services, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in any personalized areas of this Site, may be used only for its intended purpose. NCB expects that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for, or in connection with, any of the following activities:
Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of NCB’s personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
Any fraudulent or illegal purpose, or any use which violates the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, as well as any activity that could damage NCB’s commercial reputation and goodwill or the commercial reputation and good will of its vendors and customers;
E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines, including without limitation, via means of submitting a virus to the Services, that are intended to damage, destroy, disrupt. overload, flood, mailbomb or crash or otherwise impair a computer’s functionality or the operation of NCB’s (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate NCB’s rules or policies.
(h) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using any or all of the Services you agree not to, use the Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, the waiver of moral rights and similar rights.
(i) Ownership. All content, materials and software posted to or used in conjunction with the Services including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Services, are the property of NCB, its partners, affiliates or licensors and are protected by U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on this Site is the exclusive property of NCB, its partners or affiliates and is protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of NCB and any other applicable copyright owner. You also may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to NCB. We reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party's copyright or other intellectual property rights. If you believe your rights under applicable copyright laws are being infringed, you may notify our Webmaster at (800) 955-9622 or contact us online.
(j) Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the site or any of the pages of the site is expressly prohibited and infringes on NCB’s, its partners’ or affiliates’ copyrights. Do not use any such tools or products on or in connection with the Services! .
(k) Trademarks. “ncb.com” and “ncb.coop” are registered trademarks of NCB. The “look and feel” of this Site is also NCB’s trademark and proprietary trade dress. This includes NCB’s color combinations, button shapes, layout, and all other graphical and navigational elements. This Site contains other registered and common law trademarks of NCB in addition to those listed.
4. Compliance with Laws. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefore from NCB.
5. Your Access to Certain Services. You understand that certain Services on this Site may include materials and information from third parties, and you acknowledge and agree that NCB has minimal control over such information. Accordingly, NCB cannot and does not guarantee, represent or warrant that the content contained in this Site is accurate, appropriate to you, and/or inoffensive.
6. NCB is Not Responsible for Your Choice to Do Business with Any Third Party. Although NCB may specifically endorse third parties to provide certain business services to you, you shall have sole responsibility for evaluating and determining which third parties with which you shall transact business and otherwise interact, and which third parties are authorized to do business with you. You further agree that the specific terms and conditions of your transactions with third parties that are initiated by or through the Services shall be as determined by you and such third parties. NCB may endorse these third parties but it does not control the quality, accuracy, timeliness, completeness, pricing, delivery terms, regulatory compliance, contract terms or legality of the services offered by any such third parties or any emails or other communications transmitted using any of the Services. NCB encourages Users electing to purchase or use third party services or products to review the terms of the agreements with those third parties. If you are not satisfied with the services or products provided by third parties, you should contact the third parties directly. Neither NCB, its partners or affiliates are liable for any of the contents, advertising, products, or other materials or services on or available from such third parties, or any sites or resources. THERE ARE RISKS OF DEALING ACROSS STATE OR NATIONAL BORDERS AND WITH PERSONS ACTING UNDER FALSE PRETENSES. YOU AGREE THAT NEITHER NCB, ITS PARTNERS OR AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY.
7. Hypertext Links. The hypertext links or pointers displayed throughout the Site and related sites are for the convenience of our customers and Site users and go to information created and maintained by other public and private organizations. NCB does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of links or pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any view expressed, or products or services offered, on these outside site, or the organizations sponsoring the sites.
8. News Releases. We maintain NCB, our affiliate and subsidiary news releases on this site for archival purposes. Our news releases are believed accurate as of the date they are issued; however, they may become outdated over time, and should not be relied on as factually correct after their issue date.
9. Services Relating to Financial Matters. You may choose to create or join any service, or receive or request any news, messages, alerts or other information via the Services concerning companies, stock quotes, investments or securities. Any such Services provided are for informational purposes only, and no content included in the Services is intended for trading or investing purposes. NCB shall not be responsible or liable for the accuracy, timeliness, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
10. Limitation of Liability. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS" "AS AVAILABLE". NCB AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. NCB AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, NCB WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL NCB BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NCB’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
NCB AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, NCB AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND NCB AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING NCB RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
11. Indemnity of NCB. You agree to indemnify and hold NCB (including without limitation our agents, employees, officers, directors, subsidiaries, parent and affiliated companies) harmless, and, at NCB’s request, to defend NCB from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) any and all of the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other of your activities relating to your use of this Site and the Services. This indemnity shall be in addition to and not limited by any other indemnity.
12. Order of Precedence. This Agreement governs your use of this Site and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with NCB or any of its related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of your other agreements with NCB or any of its related or affiliated entities, the terms of such other agreement, shall, as to the subject matter of that other agreement, take precedence over the conflicting term(s) of this Agreement.
13. Dispute Resolution. Except with respect to violations of NCB’s intellectual property or proprietary rights and NCB’s right to bring an action in court to collect monies due, and except with respect to suits brought against NCB by third parties, you acknowledge and agree that any dispute involving NCB shall be settled by arbitration in Washington, DC, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. 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. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that NCB may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of NCB pending the completion of arbitration.
14. Miscellaneous Terms. We reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other intellectual property rights. If you believe that your materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement:
2011 Crystal Drive
Arlington, VA 22202
USA Patriot Act Notice
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
What This Means For You
When you open an account we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
BY ACCESSING OR USING THE SERVICES, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL OF THE FOREGOING TERMS AND CONDITIONS.