 |
Terms of Use
This Terms of Use is an agreement ("Agreement" or "Terms of Use") between the Federal Home Loan Bank of San Francisco (the "Bank" or "us" or "we") and the user of the Bank's website ("Website") and the entity you represent ("you"). Your use of this Website is your consent to this Agreement. If you are using this Website on behalf of your employer, you represent and warrant that you are authorized to accept this Agreement on your employer's behalf, and that your employer agrees to indemnify you and us for any violations of this Agreement.
We reserve the right to change this Agreement at any time. We may inform you of changes to this Agreement; however, regardless of whether such notice is provided, you must review this Agreement each time you use this Website, and you agree to be bound to any changes to this Agreement when you use this Website after any such modification or change is posted.
An important function of this Agreement is to alert you that the data presented on this Website is not warranted or otherwise guaranteed. Please read this carefully.
Authorized Access
- The Bank has two websites, one for the public and one for members.
- This Website is subject to this Agreement, and the member website is subject to a separate terms of use agreement referenced therein. No one may enter or use any area of the member website without first agreeing to the terms of use agreement for that website.
- Some areas of the member website contain data specific to a member, and these pages may only be accessed by those specific members and their authorized users, subject to the terms of use agreement for that website. No other person may access those areas or the information displayed there.
- Access to any portion of this Website or the member website in excess of the authority provided here is a violation of federal criminal law and may also give rise to civil liability.
No False Information
You shall not provide any false information in connection with the use of this Website. Also, you agree to update or correct any information that you have provided if the information becomes outdated or misleading. You must use this Website consistent with all applicable laws and regulations.
Privacy
For information about our data protection practices, please see our Privacy Policy. By using this Website, you acknowledge and agree that we may access, preserve, and disclose any information we receive from you if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of the Bank, its users or the public. The Bank will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Use.
Disclaimers
The information on this Website comes from a variety of sources and includes information that is subject to change without notice. The Bank seeks to keep this information up-to-date and accurate, but we cannot guarantee and do not warrant that the information is accurate, complete, or current. Some of the information displayed on these pages changes rapidly, sometimes every day, and sometimes from minute to minute. The accuracy and timeliness of the data is subject to delays in connectivity across the internet, your systems, and other facilities outside the control of the Bank. Therefore, you must independently verify the accuracy of any information presented here.
ALL MATERIALS RELATED TO THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, AND INFORMATION ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, security and title. We do not warrant that the functions contained in the materials on this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make such materials available are free of viruses or other harmful components. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of such material.
We have no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, a user's communications or data. We are not responsible for any loss or damage resulting from anyone's use of this Website, or any content posted on this Website, or any interactions between users of this Website, whether online or offline.
Use of the internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. We are not responsible for the security of any information transmitted via the internet. You assume all risk involved in transmitting information or files to or from this Website and must make your own determinations as to these matters.
Ownership and Other Intellectual Property Rights
This Website and all its pages are copyrighted by us, © 2000-2010 Federal Home Loan Bank of San Francisco, all rights reserved. The distinctive house rooftop logo appearing throughout this Website, including on documents that can be downloaded from this Website, and the words "FHLBank San Francisco" are trademarks and trade names of the Bank. Except for data that (1) you create, (2) is in the public domain or (3) for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any data located on this Website. However, you may make copies of our data and information on this Website solely for use in connection with a member's business. Some data on this Website is updated on a real time basis and is proprietary or is licensed to us by third parties. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for data you provide) from this Website without the Bank's prior express written permission, or that of the appropriate third party.
Limitation on Liability
In no event will the Bank or any other party involved in creating, producing, or distributing this Website be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of (or inability to use) this Website even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Bank's liability to you or any member for any cause whatsoever, and regardless of the form of the action, will at all times be limited in the aggregate to $100.00.
This limitation on damages includes but is not limited to damages that result from reliance by you on any information obtained from this Website, or from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance (whether or not resulting from acts of God), communications failure, theft, destruction, or unauthorized access to the Bank's records, programs, or services. This paragraph applies to all content and services and software available through this Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states (if their law is deemed to apply) liability is limited to the fullest extent permitted by law.
Indemnity
You agree to defend, hold harmless and indemnify the Bank, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of this Website or violation of this Agreement including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Bank will provide you with written notice of such claim, suit or action.
Links
This Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that the Bank is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Modifications to this Website
The Bank reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice. You agree that the Bank shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website.
Governing Law and Jurisdiction in San Francisco
All agreements on this Website are governed by and shall be construed in accordance with the laws of the United States and, to the extent applicable, the State of California. You and the Bank's members agree that any action arising from any matter relating directly or indirectly to this Website shall be brought in the courts of the State of California or the federal courts sitting in the City and County of San Francisco, State of California, that those courts have personal jurisdiction over you and the member for that purpose, and you waive any right to bring or seek transfer of any such action to any court outside of San Francisco.
Term and Termination
This Agreement will take effect at the time of your first use of this Website (thereby indicating your acceptance of this Agreement). You may cancel your use of this Website and/or terminate this Agreement with or without cause at any time. The Bank may at any time and for any reason terminate your access to this Website, or terminate this Agreement. Sections pertaining to ownership and other intellectual property rights, limitation of liability, indemnity, governing law and jurisdiction, termination, waiver and severability, and statute of limitations shall survive expiration or termination of this Agreement.
Notification of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, contact Web Support at (415) 616-2610 and please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on this Website; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Waiver and Severability of Terms
The failure of the Bank to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, you may only file a claim or cause of action arising out of or related to use of this Website or this Agreement within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
The section headings in this Agreement are for convenience only and have no legal or contractual effect.
|
|
