Terms of Use
The KTFCU Web Site is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the KTFCU Web Site
constitutes your agreement to all such terms, conditions, and notices.
Modification of these terms of use
KTFCU reserves the right to change the terms, conditions, and notices under which the
KTFCU Site/Services are offered. You are responsible for regularly reviewing these terms and
conditions and additional terms. Your continued use of the KTFCU Site/Services constitutes your
agreement to all such terms, conditions, and notices.
Personal and non-commercial use limitation
Unless otherwise specified, the KTFCU Site 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 KTFCU site.
Links to third party sites
The KTFCU Site/Services may contain links to third party Web sites ("Linked Sites"). The Linked
Sites are not under the control of KTFCU and KTFCU 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. KTFCU is not responsible for web casting or any other form of
transmission received from any Linked Site nor is KTFCU responsible if the Linked Site is not
working appropriately. KTFCU is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by KTFCU 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 KTFCU 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. KTFCU shall not be responsible or liable for any part of any such dealings or
promotions.
No unlawful or prohibited use
As a condition of your use of the KTFCU Site/Services, you will not use the KTFCU
Site/Services for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the KTFCU Site/Services in any manner, which could damage, disable,
overburden, or impair any KTFCU Site/Service(s) (or the network(s) connected to any KTFCU
Site/Service(s)) or interfere with any other party's use and enjoyment of any KTFCU
Site/Service(s). You may not attempt to gain unauthorized access to any KTFCU Site/Service,
other accounts, computer systems or networks connected to any KTFCU 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
KTFCU Sites/Services.
Materials provided to KTFCU
KTFCU does not claim ownership of the materials you provide to KTFCU (including feedback
and suggestions) or post, upload, input or submit to any KTFCU 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 KTFCU, its affiliated companies and necessary sublicenses 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. KTFCU is under no obligation to post or use any Submission you may provide
and KTFCU 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 & content available through the KTFCU web site
All content and software (if any) that is made available to view and/or download in connection
with the KTFCU Site/Services is owned by and is the copyrighted work of KTFCU 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, KTFCU hereby
grants to you, the user, a revocable personal, non-transferable license to use the Software for
viewing and otherwise using the particular KTFCU 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, is subject to
applicable export control laws and regulations of the USA. You agree not to export or re-export
the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE KTFCU SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE KTFCU SITE/SERVICES AND TO THE
INFORMATION THEREIN. KTFCU AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE KTFCU SITE/SERVICES AT ANY TIME. ADVICE
RECEIVED VIA THE KTFCU 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. KTFCU 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 KTFCU SITE/SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. KTFCU 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 KTFCU 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 AN
KTFCU SITE/SERVICE. YOU SPECIFICALLY AGREE THAT KTFCU 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 KTFCU IS
NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN KTFCU
SITE/SERVICE BY ANY THIRD PARTY. IN NO EVENT SHALL KTFCU AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 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 KTFCU SITE/SERVICES, WITH THE DELAY OR INABILITY
TO USE THE KTFCU SITES/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 KTFCU SITE/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE KTFCU SITE/SERVICES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KTFCU OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME 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 KTFCU SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KTFCU SITE/SERVICES.
Termination/Access Restriction
KTFCU reserves the right, in its sole discretion, to terminate your access to the KTFCU
Site/Services and the related services or any portion thereof at any time, without notice. KTFCU
may also terminate or suspend your access to KTFCU Site/Service(s) for inactivity, which is
defined as failing to log into a particular service for an extended period of time, as determined by
KTFCU. The amount of time that KTFCU currently considers as an "extended" period of time
may be viewed in the FAQ relating to the particular service. Upon termination of the KTFCU
Site/Service, your right to use the KTFCU Site/Service immediately ceases. KTFCU shall have
no obligation to maintain any content or to forward any unread or unsent messages to you or
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
The laws of the State of New York, U.S.A, govern this agreement. 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 KTFCU Site/Services. Use of the KTFCU
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 KTFCU as a
result of this agreement or use of the KTFCU Site/Services. You agree to indemnify and hold
KTFCU, 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 KTFCU Site/Services. KTFCU reserves the right to
disclose any personal information about you or your use of the KTFCU Site/Services, including
its contents, without your prior permission if KTFCU 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 the rights or property of KTFCU or its affiliated companies; (3) enforce the terms or use;
or (4) act to protect the interests of its members or others. KTFCU's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of KTFCU's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the KTFCU Site/Services or information
provided to or gathered by KTFCU 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 supers eded 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 KTFCU with respect to the KTFCU Site/Services and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and KTFCU with respect to the KTFCU Site/Services. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative 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.
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