Terms & Conditions
THIS WEBSITE 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 WEBSITE), 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 WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
Each user of this Website agrees as follows:
1. Copyright © 1997-2017 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 Website and the information contained in this Website including annual information statements, offering circulars, term sheets and pricing supplements (Website 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 Website 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 Website. Copies of offering documents are available on this Website or may 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 Website 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 Website 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 Website. 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 Website.
6. Dated Information. This Website contains documents with dated information. Documents with dated information are so labeled. The fact that a document is on this Website 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 Websites. Links may be established between this Website and one or more websites 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 websites or content) and inlinks (hypertext links which draw material from other sources into this Website). Any such links are provided to you as a convenience only, and the Funding Corporation is not responsible for the contents of any linked website. The Funding Corporation has no control over any such other websites 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 websites or their contents.
8. Limitation of Liability. The information, documents and materials comprising the Website 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 Website, or any portion therein, at any time without notification. The Funding Corporation does not guarantee that the Website 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 Website will be uninterrupted. The information in this Website 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 Website. The Funding Corporation assumes no responsibility for errors or omissions in any of the Website Contents, including Website Contents that are referenced by or linked to any of the Website Contents or to any third party websites. THE FUNDING CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE CONTENTS OR FOR ANY PRODUCTS, SERVICES, OR LINKS TO OTHER WEBSITES. THIS WEBSITE AND ALL WEBSITE CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO THE USE OF THIS WEBSITE (OR ANY WEBSITE 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 WEBSITE. THE FUNDING CORPORATION SHALL NOT BE LIABLE FOR ANY ERRORS CONTAINED ON THIS WEBSITE OR FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR ANY WEBSITE 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 WEBSITE AND THE WEBSITE CONTENTS SHALL BE AT THE USER'S SOLE RISK. The Funding Corporation does not guarantee that information sent to this Website 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 WEBSITE 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 Website in violation of these Terms and Conditions.
10. Reservation of Rights. All Website 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 Website or the Website Contents for commercial use without the prior written consent of the Funding Corporation, except that reasonable copying or printing of the Website 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 Website Contents through this Website 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 Website or any third party. This Website and the Website 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 Website Contents you obtain from this Website. You may not frame or utilize framing techniques to enclose any of the trademarks, the Website 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 Website 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 Website, or otherwise cause damage to this Website are strictly prohibited and may be punishable under applicable federal, state or local laws. If you have a user ID and password for this Website, 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 Website 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 Website 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 Website, 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 WEBSITE 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 WEBSITE 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 WEBSITE, 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 Website 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 Website. Any such supplemental or different terms and conditions will be disclosed to you, either by being posted on this Website 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 Website 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 Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Funding Corporation with respect to this Website.