Terms & Conditions | Co-op Solutions

Co-op Solutions Website Terms and Conditions

OWNERSHIP AND ACCEPTANCE OF TERMS

This website at www.co-opfs.org, together with any other websites and related mobile applications made available by us (referred to herein individually and collectively as the "website") is owned, operated and controlled by CU Cooperative Systems, LLC (“Co-op Solutions”). The services that Co-op Solutions provides to you through this website are subject to the following Terms and Conditions.

Please read carefully these Terms and Conditions, the Privacy Policy and any other terms and conditions on the website that govern particular features of the website (e.g. the Extranet or other login sections of the website) (the "Additional Terms"), all of which collectively govern your use of, and access to, the website and any and all content, data, information and materials contained therein. The Terms and Conditions, the Privacy Policy and the Additional Terms are referred to collectively herein as the “Terms”).

BY ACCESSING, BROWSING AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU ACCEPT AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, INCLUDING THESE TERMS AND CONDITIONS, THE PRIVACY POLICY AND ADDITIONAL TERMS, AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY ALL OF THE TERMS, AS Co-op Solutions MAY AMEND OR SUPPLEMENT EACH FROM TIME TO TIME, IN ACCORDANCE WITH THE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

USERS

The information on all of the website is intended solely for use and access by persons residing in the United States, its territories and possessions. Use of the website is not authorized in any jurisdiction that does not give effect to these Terms. The website (excluding linked web sites) is controlled by Co-op Solutions from offices within the United States. Co-op Solutions makes no representations or warranties that the website or products or services offered on the website are appropriate for access or use in locations other than the United States. Additionally, you must be 18 years or older to access or use the website. By accessing or using the website you represent that you meet this age restriction and Co-op Solutions provides you access to the website subject to your compliance with these Terms.

USE AND WEBSITE ACCESS

All content on the website including, without limitation, the pages, screens, text, designs, graphics, content, images, service marks, trademarks, logos, source code, data, the compilation (including the collection, selection, assembly and arrangement) of such materials and all other information and matters on this website are owned by Co-op Solutions or its licensors and are protected by U.S. copyright, trademark and other applicable laws and the laws of other jurisdictions.

Co-op Solutions grants you a limited license to access the website for normal browsing only, and to download (for cacheing purposes only) or print a copy of the materials on the website for your personal or internal business use only, and on the condition that you: (a) keep intact all copyright and other proprietary notices; (b) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with Co-op Solutions; (c) do not use the material in a manner that suggests an association with any of Co-op Solutions’ services, brands, or products (unless otherwise authorized in writing by Co-op Solutions); and (d) do not make any modifications to the material. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Except as expressly provided in these Terms, you may not download, modify, copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of this website without Co-op Solutions' prior written consent which may be withheld for any reason. The limited use license granted herein does not include any right for resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use, copy, display, distribute, modify or reproduce any of the service marks found on this website except as authorized herein. You may not use any of the Co-op Solutions service marks as a link to this website except pursuant to a written agreement with Co-op Solutions’ express authorization.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

PROHIBITED USES

You are prohibited from posting on or transmitting to this website any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law; or using this website in any manner that violates any law. You may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the website or to surreptitiously intercept any system, data or personal information from the website. You may not take any action which imposes an unreasonable or disproportionately large load on the website's network or other infrastructure. In addition, you agree not to: (1) Use or access the website for any purpose that is unlawful or prohibited by these Terms; (2) Frame or utilize framing techniques to enclose any of Co-op Solutions’ trademarks, logos, or other proprietary information (including images, text, page layout, or form), without Co-op Solutions’ express written consent; (3) Use any meta tags or any other "hidden text" utilizing any of the Co-op Solutions trade names, trademarks, service marks or logos without Co-op Solutions’ express written consent; (4) Make any commercial or non-fair use of Co-op Solutions’ copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Co-op Solutions without Co-op Solutions’ express written consent; (5) Use or access the website in a manner that could damage, disable, overburden, or impair any of Co-op Solutions’ servers or the networks connected to any of Co-op Solutions’ servers; (6) Interfere with any third party's use and enjoyment of the website; (7) Attempt to gain unauthorized access to the website, accounts, computer systems, or networks connected to any of Co-op Solutions’ servers through hacking, password mining, or any other means; (8) Sublicense any license granted in or to materials on the website under these Terms (whether or not any of such acts are for commercial gain or advantage); or (9) Reverse engineer, decompile, modify, or create derivative works from any software accessible by or on the website unless specifically authorized in writing by the owner of the software to do so. All trademarks and other marks or logos are the trademarks of Co-op Solutions. Co-op Solutions owns or controls the proprietary rights in trademarks not listed here. All other trademarks, services marks, logos, designs, and trade dress, not owned by Co-op Solutions that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Co-op Solutions.

NO WARRANTIES; LIMITATIONS OF LIABILITY

THE WEBSITE AND INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR SYSTEM INTEGRATION. Co-op Solutions SHALL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE THE WEBSITE WHETHER SUCH FAILURE RESULTS FROM THE INTENTIONAL OR UNINTENTIONAL MALFUNCTION OF ITS WEBSITE OR OTHER CAUSES WITHIN OR OUTSIDE OF ITS CONTROL. Co-op Solutions DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM Co-op Solutions ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE IS USED BY YOU AT YOUR SOLE RISK. Co-op Solutions MAY DISCONTINUE SUCH ELECTRONIC ACCESS AND/OR CHANGE ITS WEBSITE OR THE METHOD OF ELECTRONIC ACCESS OR CHANGE OR DISCONTINUE THE INFORMATION Co-op Solutions PROVIDES AT ANY TIME AND FOR ANY REASON WITH OR WITHOUT ADVANCE NOTICE. YOU FURTHER UNDERSTAND AND AGREE THAT ALTHOUGH Co-op Solutions ATTEMPTS TO MAINTAIN THE TIMELINESS AND ACCURACY OF THE Co-op Solutions WEBSITE, Co-op Solutions NEITHER WARRANTS NOR GUARANTEES THE TIMELINESS OR ACCURACY OF THE Co-op Solutions WEBSITES.

NEITHER Co-op Solutions, NOR ANY OF THE Co-op Solutions PARTIES (DEFINED BELOW), WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, INCLUDING THE PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SUCH ACTION OR CLAIM SHALL BE BARRED.

THIRD PARTY HYPERLINKS

The website may contain links to other websites not controlled, operated or owned by Co-op Solutions. Unless otherwise expressly stated by Co-op Solutions, Co-op Solutions provide no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of such websites, and explicitly disclaim any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. A link to a non Co-op Solutions website does not mean that Co-op Solutions endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials you select for use are free of viruses and other items of a destructive nature.

INDEMNIFICATION

You shall indemnify and hold Co-op Solutions, its affiliates and subsidiaries, and all of their respective managers, shareholders, directors, officers, agents, employees, suppliers, vendors, and service providers (the “Co-op Solutions Parties”) harmless against all losses, expenses, liabilities, suits and damages, including reasonable attorneys’ fees, whether in tort, in contract or otherwise, that it or any of the Co-op Solutions Parties may incur by reason of or arising out of or related to: (i) your use of the website; (ii) your breach of the Terms; and (iii) claims for copyright infringement, defamation, invasion of privacy, or infringement of rights of publicity by any third party.

INFRINGEMENT

If you believe any violation of the Terms or infringement of any of Co-op Solutions’ rights has occurred, or if you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact Co-op Solutions in writing at the address below.

CU Cooperative Systems, LLC

560 Carillon Parkway

St. Petersburg, FL 33703

Attention: Legal Department

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to Co-op Solutions Designated Agent (above) must be in the form of a written communication that includes the following information:

Your address, telephone number and e-mail address;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing the copyrighted work;
A clear description of where the infringing material is located on the website, including its URL, so that Co-op Solutions can locate the material;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

INVESTIGATIONS

Co-op Solutions may seek to gather information from any user of the website who is suspected of violating these Terms, and from any other user of the website. In connection with your use of the website, you consent to Co-op Solutions recording any communication, electronic or otherwise, between you and Co-op Solutions and Co-op Solutions retaining any information and data obtained from you. Co-op Solutions may suspend access or use by any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate, without notice. If Co-op Solutions believes, in its sole discretion, that a violation of these Terms has occurred, Co-op Solutions may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users, terminate accounts or take other corrective action Co-op Solutions deem appropriate. Co-op Solutions will fully cooperate with any law enforcement authorities or court order requesting or directing Co-op Solutions to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. YOU WAIVE AND HOLD Co-op Solutions HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Co-op Solutions DURING OR AS A RESULT OF Co-op Solutions’ INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Co-op Solutions OR LAW ENFORCEMENT AUTHORITIES.

COOKIE ACKNOWLEDGEMENT AND AGREEMENT

Every time you come to the website, the website’s web server automatically collects, and Co-op Solutions may use, your cookies, web beacons, and other similar tracking technologies (collectively “Tracking Technologies”). Co-op Solutions uses Tracking Technologies as described in the Privacy Policy. By using the website, you consent to such use of Tracking Technologies, including by placing cookies and other identifiers on the computers and mobile devices you use to access the website.

RIGHTS TO CHANGE TERMS

Co-op Solutions may add, modify, change, alter, or remove any part of the Terms at any time, without any notice to you, and any such changes will apply effective immediately. By continuing to use this website after any changes are posted, you are indicating the acceptance of those changes.

APPLICABLE LAWS

This website shall be governed and interpreted in accordance with the internal laws of the State of California without regard to the conflicts of law principles thereof. You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of this website shall be only in the federal or state court with competent jurisdiction in San Bernardino County, California. Nothing herein shall limit Co-op Solutions right to seek and obtain equitable or injunctive relief, without the posting of a bond, and the foregoing sentence shall not apply to your violation of the Terms relating to Co-op Solutions’ trademarks, copyrights and other intellectual property.

MISCELLANEOUS

These Terms set forth the entire, final and exclusive agreement between Co-op Solutions and you with respect to your use of, and access to, the website and any and all content, data, information and materials contained therein and transactions completed thereon, and supersede all previous oral and written terms, representations, or understandings concerning your use of, and access to, the website and any and all content, data, information and materials contained therein and transactions completed thereon. Co-op Solutions’ failure to exercise or enforce any right or provision of these Terms, including without limitation, the Privacy Policy and/or the Additional Terms shall not constitute a waiver of such right or provision. Co-op Solutions may assign Co-op Solutions’ rights and duties hereunder to any party at any time without any notice to you. The Terms may not be assigned by you without Co-op Solutions prior written consent. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms and Conditions were updated on November 1, 2021