AEA FCU

UTrade Terms and Conditions Agreement (TCA)

This Utrade Service is offered by AEA Federal Credit Union (AEA FCU) to members and/or residents of Yuma and La Paz counties in Arizona. The purpose of Utrade is to facilitate the purchase and sale of products and services.

1. ACCEPTANCE OF TERMS

By using this Service in any way, you are agreeing to comply with the TCA. In addition, when using this particular Service offered by AEA FCU, you agree to abide by any applicable posted guidelines for this Service, which may change from time to time. Should you object to any term or condition of the TCA, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of this service. AEA FCU has the right, but is not obligated, to strictly enforce the TCA through self-help, active investigation, litigation and/or prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.

3. CONTENT

You understand that AEA FCU does not control, and is not responsible for Content made available through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will AEA FCU be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. You acknowledge that AEA FCU shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violation of the letter or spirit of the TCA or for any other reason.

4. THIRD PARTY CONTENT AND SERVICES

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that AEA FCU shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AEA FCU is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AEA FCU, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

5. PRIVACY AND INFORMATION DISCLOSURE

Your use of the AEA FCU website or the Service signifies acknowledgement of and agreement to our Privacy Policy.

6. CONDUCT

You agree not to post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.

7. LIMITATIONS ON SERVICE

You acknowledge that AEA FCU may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that AEA FCU has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that AEA FCU reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AEA FCU shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION OF SERVICE

You agree that AEA FCU, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if AEA FCU believes that you have acted inconsistently with the letter or spirit of the TCA. Further, you agree that AEA FCU shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 5, and 7-10 shall survive termination of the TCA.

9. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE AEA FCU SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE AEA FCU SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AEA FCU DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AEA FCU SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AEA FCU DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AEA FCU SITE.

10. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AEA FCU BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AEA FCU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE AEA FCU SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AEA FCU SITE OR THE SERVICE, FROM INABILITY TO USE THE AEA FCU SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AEA FCU SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AEA FCU SITE OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AEA FCU SITE OR THE SERVICE.

11. INDEMNITY

You agree to indemnify and hold AEA FCU, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TCA, your breach of any of the representations and warranties herein, or your violation of any rights of another.

12. GENERAL INFORMATION

The TCA constitutes the entire agreement between you and AEA FCU and governs your use of the Service, superseding any prior agreements between you and AEA FCU. The TCA and the relationship between you and AEA FCU shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and AEA FCU agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Yuma, Arizona. The failure of AEA FCU to exercise or enforce any right or provision of the TCA shall not constitute a waiver of such right or provision. If any provision of the TCA 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 TCA remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCA must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Dated 1-1-10