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Funding Corporation Terms and Conditions |
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THIS WEB SITE IS PROVIDED AS A COURTESY TO YOU BY THE FEDERAL FARM CREDIT BANKS
FUNDING CORPORATION (FUNDING CORPORATION) AND PROVIDES GENERAL INFORMATION ONLY.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY
PAGES THEREOF (THIS WEB SITE), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
BELOW, AS THEY MAY BE MODIFIED BY THE FUNDING CORPORATION FROM TIME TO TIME AND
POSTED ON THIS WEB SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW,
YOU MAY NOT ACCESS OR USE THIS WEB SITE.
Each user of this Web site agrees as follows:
1. Copyright © 1997-2010 Federal Farm Credit Banks Funding Corporation.
Copyright in the pages and in the screens displaying the pages, and in the information
and material therein and in their arrangement, is owned by the Funding Corporation
unless otherwise indicated.
2. No Solicitation or Offer. This Web site and the information contained
in this Web site including annual information statements, offering circulars,
term sheets and pricing supplements (Web site Contents) are provided for general
information purposes only and do not constitute an offer to sell or the solicitation
of any offer to buy any securities offered by the Funding Corporation on behalf
of the Banks of the Farm Credit System (Farm Credit Debt Securities). The Web
site Contents are not sufficient or complete to make a decision relating to the
purchase or sale of any Farm Credit Debt Securities. Farm Credit Debt Securities are offered
only by relevant offering documents. The terms of any particular issue of Farm Credit Debt
Securities are governed by the applicable offering documents establishing such terms, which
shall prevail in the event of any inconsistency between the terms thereby established and the
information contained on this Web site. Copies of offering documents are available on this
Web site or can be obtained by calling the Funding Corporation at (201) 200-8000.
The Farm Credit Debt Securities described in the offering circulars, term sheets and pricing supplements are traded in the secondary market. For further information concerning secondary
market trading, consult an investment advisor or broker.
3. Investment Considerations. Investment in securities
issued by the Banks of the Farm Credit System involves a number of specific risks
and considerations, only some of which are described or discussed in the Web site
Contents. Investors considering the purchase of Farm Credit Debt Securities should
consult their own financial and legal advisors for information about the Debt Security, the
risks and investment considerations arising from an investment in the Debt Security, the
appropriate tools to analyze such an investment, the applicable regulatory requirements and
the suitability of such an investment in each investor's particular circumstances. The Farm
Credit Debt Securities mentioned in this Web site may not be eligible for sale in certain
jurisdictions or to certain persons and may not be suitable for all types of investors.
4. No SEC Registration; No U.S. Government Obligation.
Farm Credit Debt Securities are not registered with the Securities and Exchange
Commission or with any state securities commission. Farm Credit Debt Securities
are not backed by the full faith and credit of the U.S. Treasury.
5. No Liability for Accuracy of Posted Offering Documents.
The information statements, offering circulars, term sheets and pricing
supplements have been electronically converted from the magnetic media format
from which the original version of each such document was printed, and the Funding
Corporation has not tested or verified the accuracy or completeness of any of
these documents on this Web site. The Funding Corporation assumes no responsibility
for errors or omissions in any of these documents. In no event shall the Funding
Corporation be liable for any special, incidental, indirect or consequential damages
of any kind, or damages whatsoever, on any theory of liability arising out of
or in connection with the use of any information statement, offering circular,
term sheet or pricing supplement obtained from this Web site.
6. Dated Information. This Web site contains documents
with dated information. Documents with dated information are so labeled. The fact
that a document is on this Web site shall not under any circumstances create an
implication that the information therein is correct as of any time subsequent
to its date.
7. Links to Other Web Sites. Links may be established
between this Web site and one or more web sites operated by third parties or having
content provided by third parties. For purposes of these Terms and Conditions,
the term "link" includes both outlinks (hypertext links to external
web sites or content) and inlinks (hypertext links which draw material from other
sources into this Web site). Any such links are provided to you as a convenience only, and the Funding Corporation is not responsible for the contents of any linked web site. The Funding Corporation has no control over any such
other web sites or their contents. Use of links to other internet resources are
at your own risk; the content, accuracy, opinions expressed, and other links provided
by these resources are not investigated, verified, monitored or endorsed by the
Funding Corporation and the Funding Corporation will have no liability arising
out of or related to your use of such web sites or their contents.
8. Limitation of Liability. The information, documents
and materials comprising the Web site Contents are subject to change without notice.
The Funding Corporation reserves the right, in its sole discretion, to suspend, discontinue, modify, or deny the use and availability of this Web site, or any portion therein, at any time without notification.
The Funding Corporation does not guarantee that the Web site Contents are up to
date, free of errors, or free of viruses or other items of a potentially destructive nature, or that access to this Web site will
be uninterrupted. The information in this Web site is prepared for inclusion herein
or otherwise entered into this system by clerical and other employees of the Funding
Corporation and third parties. Management of the Funding Corporation has not reviewed
such information for transcription, typing, data entry or similar errors, and
the Funding Corporation makes no representations or warranties as to the absence
of such errors. The Funding Corporation has not tested or verified the accuracy
or completeness of any of the documents on this Web site. The Funding Corporation
assumes no responsibility for errors or omissions in any of the Web site Contents,
including Web site Contents that are referenced by or linked to any of the Web
site Contents or to any third party web sites. THE FUNDING
CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR
THE WEB SITE CONTENTS OR FOR ANY PRODUCTS, SERVICES, OR LINKS TO OTHER WEB SITES.
THIS WEB SITE AND ALL WEB SITE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO THE USE OF THIS WEB SITE
(OR ANY WEB SITE CONTENTS), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNDING CORPORATION
SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY COMPUTER VIRUSES
OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE
THAT MAY BE CONTAINED ON THIS WEB SITE. THE FUNDING CORPORATION SHALL NOT BE LIABLE
FOR ANY ERRORS CONTAINED ON THIS WEB SITE OR FOR ANY DAMAGES WHATSOEVER ARISING
OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE (OR ANY WEB SITE CONTENTS), INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, WHETHER UNDER A CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EVEN
IF THE FUNDING CORPORATION IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. USE OF
THIS WEB SITE AND THE WEB SITE CONTENTS SHALL BE AT THE USER'S SOLE RISK.
The Funding Corporation does not guarantee that information sent to this Web site
will not be obtained, reviewed, disclosed, copied or tampered with by third parties, whether
or not measures have been taken to secure such information.
NOTWITHSTANDING THE FOREGOING, BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OR LIMITATION OF LIABILITY TO THE FULL EXTENT DESCRIBED ABOVE, SOME
OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE
HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY
OF THE FUNDING CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF
ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL THE FUNDING
CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR
ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES,
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT
OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEB SITE ARE HEREBY EXCLUDED EVEN IF THE FUNDING
CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend, and hold harmless the Funding Corporation, its
directors, officers, employees, and agents from and against all losses, expenses,
damages, and costs, including reasonable attorney fees, arising out of or relating
to your use of this Web site in violation of these Terms and Conditions.
9. Non-Confidentiality of Communications. If you send
a message or information to this Web site, you hereby grant to the Funding Corporation
the right to read, copy, use, distribute, disclose and otherwise handle the communication
and any related information as the Funding Corporation deems appropriate in accordance
with the Funding Corporation's Privacy Guidelines.
Except as expressly provided otherwise on this Web site, no facilities are provided
and no provisions are made for sending or receiving confidential communications.
To the extent such facilities are provided or provisions are made, it is solely
on an "AS IS" and "AS AVAILABLE" basis, with no warranties of any kind whatsoever, either
express or implied.
10. Reservation of Rights. All Web site Contents are
the property of the Funding Corporation. The Funding Corporation does not waive
any of its proprietary rights, including, but not limited to, copyrights, trademarks,
and other intellectual property rights. You may not resell, republish, print,
download, distribute, transmit, or copy any portion of this Web site or the Web site Contents for commercial
use without the prior written consent of the Funding Corporation, except that
reasonable copying or printing of the Web site Contents for individual, non-commercial
use is permissible. You may not make any use of the Funding Corporation's trademarks without the prior written consent of the Funding Corporation. The availability of any of the Web site Contents through this
Web site shall under no circumstance constitute a transfer of any copyrights,
trademarks, or other intellectual property rights of the Funding Corporation to
any user of this Web site or any third party. This Web site and the Web site Contents
are protected by U.S. and international copyright laws, both as individual works
and as a compilation. You may not delete any copyright, trademark or similar notice from
any Web site Contents you obtain from this Web site.
You may not frame or utilize framing techniques to enclose any of the trademarks, the Web site Contents, or other proprietary information (including images, text, page layout and form) of the Funding Corporation without the prior written consent of the Funding Corporation. You may not use any meta tags or any other "hidden text" utilizing the Funding Corporation's name or trademarks without the prior written consent of the Funding Corporation.
11. Limitation of Access. You may not use this Web site for any unlawful purpose, or for any purpose that is not expressly authorized by these Terms and Conditions. Unauthorized attempts to upload information, change information, defeat security features, gain access to any data, files, or passwords, interfere with the proper operation of this Web site, or otherwise
cause damage to this Web site are strictly prohibited and may be punishable under
applicable federal, state or local laws.
If you have a user ID and password for this Web site, you are responsible for ensuring the security and confidentiality of your user ID and password. You will be responsible for any unauthorized use of this Web site via your user ID or password.
12. Choice of Law; Use Restrictions. These Terms and
Conditions will be construed in accordance with, and shall be governed in all
respects by, the substantive federal laws of the United States of America and,
to the extent of the absence of controlling federal law, in accordance with the
laws of the State of New Jersey, United States of America, without regard to its
conflict of law provisions. Any claims, actions or proceedings arising out of
or related to this Web site or these Terms and Conditions must be brought in the
United States District Court for the District of New Jersey. Any such matters
not admitted by the United States District Court for the District of New Jersey
shall be brought in the Superior Court of New Jersey for Hudson County. By using
this Web site, you and the Funding Corporation agree to submit to the personal
and exclusive jurisdiction and venue of the state court located in Hudson County,
New Jersey and the federal court located in New Jersey
and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
THE
FUNDING CORPORATION OPERATES THIS WEB SITE FROM ITS OFFICES IN THE STATE OF NEW
JERSEY OF THE UNITED STATES OF AMERICA. THE FUNDING CORPORATION MAKES NO REPRESENTATION
OR WARRANTY THAT THE INFORMATION CONTAINED IN THIS WEB SITE IS APPROPRIATE OR
LEGALLY AVAILABLE FOR DISTRIBUTION, DISPLAY OR USE IN LOCATIONS OTHER THAN THE
UNITED STATES OF AMERICA, AND ACCESS TO SUCH INFORMATION FROM JURISDICTIONS WHERE
SUCH ACTIVITIES ARE NOT LEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OR USE ANY
SUCH INFORMATION FROM THIS WEB SITE, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT
SUCH ACCESS AND USE IS PERMISSIBLE UNDER THE LAWS OF THE JURISDICTION IN WHICH
YOU ARE LOCATED. The provisions of these Terms and Conditions apply for
the benefit of the Funding Corporation and its officers, directors, employees,
and agents. Each of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf. You represent
and warrant that you possess the legal right and ability to enter into these Terms
and Conditions and to use this Web site in accordance with these Terms and Conditions.
13. Supplemental Terms and Conditions. Supplemental
or different terms and conditions than those set forth in these Terms and Conditions
may be applicable to information you receive or transactions you engage in using
this Web site. Any such supplemental or different terms and conditions will be
disclosed to you, either by being posted on this Web site or by being included
in a separate agreement.
14. Severability; No Waiver; Limitation on Filing Claims.
The provisions of these Terms and Conditions are severable. If any such
provision is determined to be unenforceable, such unenforceability will not affect
any other provision of these Terms and Conditions. No waiver by the Funding Corporation
of any right under or provision of these Terms and Conditions will be deemed to
be either a waiver of any other such right or provision or a waiver of that same
right or provision at any other time. If any provision of the Terms and Conditions
is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms and Conditions
shall remain in full force and effect. You agree that regardless of any statute,
regulation, or law to the contrary, any claim or cause of action arising out of
or related to use of this Web site or the Terms and Conditions must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
15. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and the Funding Corporation with respect to this Web site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Funding Corporation with respect to this Web site.
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