- ACCOUNT ACCESS
South Metro members (“Members”) may access their accounts via the Site. Members may not, without South Metro’s prior written consent, authorize or permit any third party, or appoint any agent, to access their accounts via the Site in any manner or by any means. Persons other than Members may not access Member accounts via the Site.
Access to Member accounts via the Site requires the use of a password. Members are responsible for selecting appropriate passwords. Passwords should be at least eight characters in length, should contain letters and alpha-numeric characters, and should be difficult for another person to guess. Members should regularly change their passwords. Each Member must keep his or her password confidential and may not disclose the password to any third party. Members are responsible for all activities that occur through the use of their passwords, including unauthorized use, and South Metro shall not be liable for any such use. Members are responsible for promptly notifying South Metro of any unauthorized use of Members’ passwords. South Metro, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to any Member account via the Site.
- INTELLECTUAL PROPERTY
The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to South Metro or its partners, affiliates or third parties.
- Content. The Content may contain technical, typographical or other errors or inaccuracies and may not be complete or current. South Metro does not warrant that any Content is accurate, complete or current. South Metro reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. South Metro does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by South Metro of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. Authorized User acknowledges and agrees that South Metro is not responsible for the availability of any such web sites and that South Metro does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
- Downloading Files. South Metro cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. By using the Site, you accept the entire risk as to the quality and performance of the Site and the accuracy of the Content.
- Remote Use. South Metro makes no representation that Site or the Content is applicable, lawful or appropriate for access or use in locations outside the State of Minnesota.
- DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS ALL CONTENT. SOUTH METRO MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. SOUTH METRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.
SOUTH METRO DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. SOUTH METRO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED “WITH ALL FAULTS,” ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, SOUTH METRO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREES THAT UNDER NO CIRCUMSTANCES WILL SOUTH METRO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF SOUTH METRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of South Metro or any third party. You guarantee to South Metro that you have the legal right to supply, post, or store any information or material you supply, post, or store to or on the Site (the “Data”), and that neither the Data, nor the provision thereof to South Metro via the Site will violate any law or the rights of any person or entity.
- GENERAL PROVISIONS
- Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
- Enforcement/ Choice of Law/ Choice of Forum.
South Metro Federal Credit Union’s (“South Metro”) Copyright Agent for notice of claims of copyright infringement on or relating to this web site can be reached either by:
- sending an e-mail to a href=”mailto:firstname.lastname@example.org”>email@example.com; or
- sending a letter via the U.S. Mails to:
Don Crofut, Copyright Agent
South Metro FCU
2573 Credit Union Drive
Prior Lake, MN 55372
Notification: To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit South Metro to locate the material;
- Information reasonably sufficient to permit South Metro to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- South Metro will remove or disable access to the material that is alleged to be infringing;
- South Metro will forward the written notification to such alleged infringer (the “Alleged Infringer”);
- South Metro will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification: To be effective, a Counter Notification must be a written communication provided to South Metro’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of federal district court for the judicial district in which the Alleged Infringer’s address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which South Metro may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- South Metro will promptly provide the Complaining Party with a copy of the Counter Notification;
- South Metro will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- South Metro will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided South Metro’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on South Metro’s network or system.