Conditions of Use

Introduction

These Terms of Use apply to the Fresno Madera Farm Credit websites located at FMFarmcredit.com (collectively the FMFC Website”). The FMFC Website is the property of Fresno Madera Farm Credit. Please read these Terms of Use carefully before using the FMFC Website or any features or services of this site, including but not limited to, myFMFC and any other enhanced products or features that may be added to the FMFC Website from time to time.

Acceptance of Terms

These Terms of Use govern your use of the FMFC Website and any pages, features or products of the FMFC Website. Every time you access or use this website and any pages, products or features of this website, you agree that you are bound by, and accept in full, these Terms of Use. If you do not agree to these Terms of Use, do not use or access this website or any pages of this website and exit the site immediately.

Restrictions on Use of Website

You may not, for commercial or public purposes, copy, modify, upload, distribute, transmit, display, reproduce, transfer, resell, or republish any of the Content of this website without the prior written consent of Fresno Madera Farm Credit, which consent may be withheld in Fresno Madera Farm Credit’ sole discretion. Unauthorized use of the FMFC Website and systems, including but not limited to unauthorized entry into Fresno Madera Farm Credit systems, misuse of passwords, or misuse of any information posted on this website is strictly prohibited and may subject you to prosecution. Your eligibility for particular products and services is subject to final determination by Fresno Madera Farm Credit.

Modifications

We reserve the right, at our discretion, to change, modify, add or delete portions of the content this website, including these Terms of Use, at any time without prior notice by posting updated Content and Terms of Use on the FMFC Website. Any such changes, modifications, additions or deletions shall be effective immediately upon their posting to the FMFC Website, so please check these Terms of Use frequently for updates. Your continued use of this website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Your Account

Certain features or services offered on or through the FMFC Website may require you to register, enroll, or create an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Fresno Madera Farm Credit immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Fresno Madera Farm Credit or any other user of or visitor to the FMFC Website due to someone else using your user ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

Email

You may use the email feature in the Contact Us section of this website for general, non-urgent communications with Fresno Madera Farm Credit and to request information. You should not use or rely on this email feature to transmit or request sensitive personal information such as account numbers or to provide time-sensitive notices. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We reserve the right to terminate e-mail services and or your use of the Website if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex, sexual orientation or national origin.

Website Links and Embedded Third-Party Features and Content

This Website contains embedded third-party features (such as market information and weather information), articles and other material written by third parties (collectively “Third Party Content”), and links and pointers to Internet sites, that are not maintained by Fresno Madera Farm Credit (“Third-Party Sites”). Consequently, Fresno Madera Farm Credit cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on such Third-Party Content or Third-Party Sites. Fresno Madera Farm Credit makes no warranties or representations regarding these Third-Party Content or Third-Party Sites or the information, materials, products or services offered by or on them. Links to Third-Party Sites and Third-Party Content are included solely for your convenience, and do not constitute any endorsement, recommendation or the by, or the opinions of, Fresno Madera Farm Credit. You assume sole responsibility for use of Third-Party Content and Third-Party Sites and the disclaimers set forth herein are equally applicable to such Third-Party Content and Third-Party Sites. By clicking on Third-Party Content and links to Third-Party Sites, you acknowledge that Fresno Madera Farm Credit is not responsible for those features or sites. Fresno Madera Farm Credit does not control the privacy or security practices of third parties and you should read the privacy and security policies of the other features and sites, as their practices may differ from ours.

Trademarks, Copyright and Intellectual Property Rights

All text, graphics, images, video, user interfaces, visual interfaces, photographs, materials, trademarks, service marks, trade names, trade dress, logos, sounds, music, artwork, software, embedded features such as market information and weather information, metadata information, industry information and studies and other copyrightable material (collectively, “Content”), including but not limited to the design, structure, expression, “look and feel” and arrangement of such Content, contained on the FMFC Website is owned, controlled or licensed by or to Fresno Madera Farm Credit and/or third-party licensors, and such Content is protected by U.S. and international copyright laws, trade dress and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the FMFC Website and no Content may be copied, reproduced, republished, uploaded, transmitted, publicly displayed, posted, encoded, or translated or distributed to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Fresno Madera Farm Credit.

You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto associated with or provided to you in order to access the FMFC Website.

Unless otherwise stated, Fresno Madera Farm Credit does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its products and services. Any such postings to this website and electronic mail delivered to Fresno Madera Farm Credit will be considered non-confidential and non-proprietary, and will remain, the exclusive property of Fresno Madera Farm Credit. Fresno Madera Farm Credit may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

Indemnification

You agree to defend, indemnify and hold harmless Fresno Madera Farm Credit and all officers, directors, members, employees, authorized representatives and agents and licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, damages, costs, liability and expenses, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising from or related to your, or any user of your accounts, breach of these Terms of Use or use of this website.

Disclaimer of Warranty

THIS WEBSITE IS PROVIDED BY FRESNO MADERA FARM CREDIT ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRESNO MADERA FARM CREDIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY, COMPLETENESS, FUNCTIONALITY OR TIMELINESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESNO MADERA FARM CREDIT DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. FRESNO MADERA FARM CREDIT MAKES NO WARRANTY THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM FRESNO MADERA FARM CREDIT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL FRESNO MADERA FARM CREDIT OR REPRESENTATIVES THEREOF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE, ANY CONTENT OR FUNCTIONALITY CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY EMBEDDED THIRD-PARTY CONTENT, OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF FRESNO MADERA FARM CREDIT OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Miscellaneous Provisions

Additional terms and conditions may apply to certain services and to specific portions or features of the FMFC Website, including myFMFC, Online Banking or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the FMFC Website or for any service, feature or product offered on or through the FMFC Website, the latter terms shall control with respect to your use of that portion of the FMFC Website or the specific product or service.

Fresno Madera Farm Credit’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the FMFC Website should be construed to alter such agreements.

These Terms of Use, together with the Privacy Statement of the FMFC Website, represent the entire understanding of the parties regarding the use of the FMFC Website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in in the state of California in Fresno County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use.

Effective Date

The policy was last modified on October 19, 2018.