Terms of Use

These Terms of Use are provided by CULedger, LLC (dba Bonifii) for the use of “CUFX” (Credit Union Financial Exchange).  CUFX is defined as an Electronic Data Interchange standard for computer-to-computer exchange of financial and business information conforming to W3C interoperable standards.  These Terms of Use will govern your use of the CUFX standards, access to all the audio and visual information, documents, text, software, services, and features contained or made available to you on or through access to the CUFX through online means, including, but not limited to, a web site and other collaboration tools provided by Bonifii.  This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent) in connection with any use of or access to CUFX. When you access or use CUFX, you enter into this Agreement both on your own behalf and, if such access or use is in the course of your employment or business, as an employee, officer, agent, partner, etc. of the organization that you represent, and references in this Agreement to “you” shall mean both you as the individual user and you in your capacity as a representative of your organization. By using CUFX, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using CUFX.

MODIFICATION OF THESE TERMS OF USE

Bonifii reserves the right to change the terms, conditions, and notices under which the CUFX is offered, including but not limited to the terms of use and charges associated with the use of CUFX.  Other terms and conditions of use are also contained in other materials referenced on the CUFX pages of the Bonifii website or provided to you by Bonifii.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of CUFX, you warrant that you will not use CUFX for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use CUFX in any manner which could damage, disable, overburden, or impair CUFX or interfere with any other party’s use and enjoyment of CUFX. You may not obtain or attempt to obtain any CUFX materials or information through any means not intentionally made available or provided for through the Bonifii website.

MATERIALS PROVIDED OR POSTED

By posting, uploading, inputting, providing, or submitting materials (“ CUFX Submissions”) you are granting Bonifii, its affiliated companies, and necessary sublicensees permission to use your CUFX Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your CUFX Submission; and to publish your name in connection with your CUFX Submission if we so desire.

 

No compensation will be paid with respect to the use of your CUFX Submission, as provided herein. Bonifii is under no obligation to post or use any CUFX Submission you may provide and may remove any CUFX Submission at any time at Bonifii’s sole discretion.

 

By posting, uploading, inputting, providing, or submitting your CUFX Submission you warrant and represent that you own or otherwise control all of the rights to your CUFX Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the CUFX Submissions.

 

LIABILITY DISCLAIMER

Bonifii assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on your use of CUFX. While Bonifii strives to keep the CUFX information accurate, complete, and up-to-date, Bonifii cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the CUFX. Some CUFX information on or obtained through Bonifii is provided by third parties. Bonifii assumes no responsibility whatsoever for such third-party information. Bonifii has no obligation to monitor information transmitted by users. Bonifii does not control the information posted by users and does not guarantee the accuracy, integrity or quality of information posted by such users. Any CUFX information, both written or online, about a third party or a third party’s products or services does not indicate that Bonifii endorses such third party services or products or that Bonifii has any relationship with such third party.

 

BONIFII MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CUFX CONTENT. THE CUFX CONTENT AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. BONIFII HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OF CONDITION, QUALITY, DURABILITY, SUITABILITY, AND MERCHANTABILITY; WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS; AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR A COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BONIFII MAKES NO REPRESENTATION THAT CUFX WILL BE ERROR-FREE, OR THAT ACCESS THERETO WILL BE UNINTERRUPTED, OR THAT NO CONTAMINATION OF SYSTEMS WILL RESULT FROM USE OF CUFX. IN NO EVENT SHALL BONIFII, ITS EMPLOYEES, INDEPENDENT CONTRACTORS OR SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF CUFX OR WITH THE DELAY OR INABILITY TO USE CUFX, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH BONIFII, OR OTHERWISE ARISING OUT OF THE USE OF CUFX, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BONIFII, ITS EMPLOYEES, INDEPENDENT CONTRACTORS OR SPONSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF BONIFII, WITH RESPECT TO ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT, ALL CONTENT, AND ALL SERVICES, EXCEED AN AMOUNT EQUAL TO ONE HUNDRED DOLLARS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. BONIFII MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CUFX CONTENT (INCLUDING REMOVAL OF CONTENT) AT ANY TIME. IF YOU ARE DISSATISFIED WITH ANY PORTION OF CUFX, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CUFX.

 

TERMINATION/ACCESS RESTRICTION

Bonifii reserves the right, in its sole discretion, to terminate your access to CUFX and the related services or any portion thereof at any time, without notice.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware, U.S.A. in all disputes arising out of or relating to the use of CUFX. Use of CUFX is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bonifii as a result of this Agreement or use of CUFX. Bonifii’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Bonifii’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of CUFX or information provided to or gathered by Bonifii with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. In addition to these Terms of Use, the use of CUFX is subject to the Policies and Procedures of Bonifii. The terms of all such documents are incorporated in these Terms of Use by reference and are legally binding. Those Policies and Procedures, along with this and any other agreement executed between the parties, constitute the entire agreement between the user and Bonifii with respect to CUFX and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bonifii with respect to CUFX. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

 

COPYRIGHT AND TRADEMARK NOTICES:

All contents are copyright protected by CULedger, LLC (dba Bonifii) unless attribution is given to others. All rights reserved.  The names of actual companies and products mentioned are the trademarks of their respective owners.

Arbitration.

By using CUFX you agree that any claim or dispute (“Claim”) you may have shall be resolved by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration hearing at which you appear will take place within Delaware and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over such party. The arbitrator shall have no power or authority to make any award that provides for punitive or exemplary damages. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. NO CLAIM SUBMITTED TO ARBITRATION IS HEARD BY A JURY, AND NO CLAIM MAY BE BROUGHT AS A CLASS ACTION. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. This arbitration provision applies to all Claims now in existence or that may arise and shall survive the termination of any dealings between the parties.