CVA Online Privacy Policy

 

Effective Date: June, 28, 2021. Thank you for your interest in accessing and utilizing the site, cvacoop.com, which is owned by Central Valley Ag Cooperative, a Nebraska cooperative corporation (“CVA,” “we,” “us,” or “our”). We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to advise and communicate what information we collect when you use the Site, how we use and share the information we collect, and how we protect your privacy

If you have any questions about this Policy or our privacy practices, please contact us by e-mail at info@cvacoop.com. 

Scope of This Policy
 
  1. Your Consent - By using this Site, you are consenting to the collection, use, and disclosure of information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not continue to access or use this Site. This Policy is part of the Terms of Use that govern your use of this Site, which may be reviewed at https://www.cvacoop.com/home/termsofuse
  2. Definitions
    1. “Central Valley Ag”, “CVA”, “we”, “us”, and “our” refer to Central Valley Ag Cooperative.
    2. “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us, including, but not limited to, your name, physical address, and email address.
    3. “Policy” refers to this online privacy policy or Terms of Use.
    4. “User-Generated Content” or “UGC” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site. Some UGC may be available instantaneously to others who visit this Site, including comments posted to discussion boards and reviews of products available on this Site.
    5. “Site” refers to websites owned by CVA and located at:
  3. Privacy Notices This Policy may be amended from time to time by “privacy notices” posted on this Site. These privacy notices provide a level of detail that we do not provide in this general description of our privacy practices. Certain pages of this Site may contain privacy notices providing details about the Personal Information we collect on those pages, why we need that Personal Information, and choices you may have about the ways we use that Personal Information.
 
  1. Other Agreements If you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. You may be asked to expressly consent to the special terms by checking a box or clicking on a button marked “I agree”. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the click-through agreement.
 
  1. Categories and Sources of Information We Collect The information we collect and sources from which we collect it depends on what you do when visiting the Site. The following details the categories of information we may collect, some of which may include Personal Information, and the sources from which we collect such information. When you use our Site, we may collect the following categories of information:
  • Identity data, including your name, email address, phone numbers (including home, work and mobile), physical addresses (including street, city, state, postal code, and/or county).
  • Registration data, including information provided by you when you register for an account to use our Site, including usernames and passwords.
  • Recruitment data, including information submitted in connection with a job application or inquiry.
  • Employment data, including information you provide in relation to your employers.
  • Marketing and communications data, including your marketing preferences and subscriptions to our publications.
  • Financial information, including credit card or other financial account information voluntarily provided by you to enable us to complete your purchase of products and services that may be available on the Site, and the administration of insurance and insurance-related claims.
  • Transaction data, including inquiries about orders for our products and services and details of payments to and from you.
  • Commercial/Farm data, including that related to fields, geography, yield, field physical factors, nutrient management, tillage, pest management, rotation planting, rotation irrigation, field application, product transportation and hauling, drying, abandonment, and conservation practices.
  • Event registration information, including information you provide when filling in e-registration forms.
  • Biometric data, including fingerprints for certain access.
  • Feedback, including feedback from you about the Site as well as products and services generally.
  • Usage data, including information about how to use the Site, what pages you view, the number of bytes transferred, the links you click, the materials you access, the date and time you access the Site, the website(s) from which you linked to the Site, and other actions taken within the Site.
  • Technical data, such as your Internet Protocol (IP) address, your browser type and capabilities and language of your operating system.
  1. Data Sources To collect the categories of information above, we may use “cookies” and other web technologies to collect information and support certain features of the Site. For example, we may use cookies and other web technologies to collect information about how visitors use the Site, including which pages they visit, which links they use, and how long they stay on each page. These cookies support the features and functionality of the Site and personalize the user experience when the user visits the Site. In addition to the cookies we use, our partners may deliver cookies through the Site or via email that allow them to recognize your in future web sessions as someone who has expressed interest in the Site or in our products or services. Links in emails sent to you by our partners may be designed to identify recipients who click on them and/or measure the effectiveness of the email campaign. Cookies are used to help the websites you visit understand your interests and to customize the content presented to you. The expiration duration of cookies used by our partners vary. Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer or mobile device. Please note that your browser cannot screen out cookies that are sent via email. Although you are not required to accept cookies when you visit the Site, you may be unable to use all of the functionality of the Site if your browser rejects our cookies.
 
  1. User-Generated Content (UGC) The User-Generated Content (UGC) you submit on or through this Site may be available to others who visit this Site. In addition, we may use UGC you submit on or through the Site in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the UGC for such purposes. Therefore, you have no expectation of privacy with respect to UGC you submit on or through the Site. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. All terms and conditions of our Terms of Use apply to UGC submitted on or through the Site. In particular, your submissions must not violate the privacy or other rights of others. Generally, the information we collect using cookies and other web technologies does not include Personal Information. If, however, you have created a user identity, for example by registering with the Site, we may link the Personal Information you have provided with the information we collect using cookies and other web technologies, which enables us to determine whether you have visited the Site before and if so, to make your experience more helpful and valuable. If your web browser sends us your IP address and you register with the Site, we may link that IP address to the Personal Information you provided as part of such registration. We may also provide your IP address to a third-party service provider who can identify your state and zip code. This gives us valuable demographic information about individuals that use the Site. In addition, if we suspect fraud or a threat to the security of the Site, we may share our server logs – which contain users’ IP addresses – with the appropriate investigative authorities, who could use that information to trace and identify individuals.
 
  1. Use of Information Collected The following list includes examples of the ways we may use the information we collect through the Site:
  • To provide the information, products and services you request.
  • For security, credit or fraud prevention purposes.
  • To provide you with effective customer service.
  • To provide you with a personalized experience when you use the Site.
  • To contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us).
  • To contact you with information and notices related to your use of the Site.
  • To invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us).
  • To better understand your needs and interests.
  • To improve the content, functionality and usability of the Site.
  • To improve our products and services.
  • To improve our marketing and promotional efforts.
  • To any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.
 
  1. Intellectual Property Some User Generated Content (UGC) may have copyright protection. If you believe your trademark or copyrighted work is being infringed as a result of your voluntary use of the Site, please submit a written notice with the words “Copyright Complaint” in the subject line to: info@cvacoop.com and include the following information:
  • Identification of the copyrighted or trademarked work claimed to have been infringed with the Copyright Registration number if the work is registered.
  • Identification of the material that is claimed to be infringed upon and that is to be removed or access to which is to be disabled.
  • Information reasonably sufficient to permit us to locate the material that is claimed to be infringing such as a website URL or step-by-step directions to locate the infringing material.
  • Information reasonably sufficient to permit us to contact you, such as your address, phone and an email address.
 
  1. Sharing of Information Collected
We may share the information we collect through the Site, including Personal Information as follows:
  • Third-Party Vendors. We share the information collected through the Site with third-party vendors who act on behalf of CVA. For example, we use third-party vendors to design and operate the Site; to conduct surveys; and to help us with our promotional efforts.
  • Business Transfers. The information we collect may be transferred to successor organizations if, for example, we transfer ownership or operation of the Site to another organization or if we merge with another organization.
  • Compliance with Laws and Protection of Our Rights and the Rights of Others. We may disclose the information we collect when disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose the information we collect to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of the Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights, property or the safety of our users or others.
  • As Described in a Privacy Notice. We reserve the right to disclose the information we collect as described in any privacy notice posted on a page of the Site where you provide that information. By providing the information on that page you will be consenting to the disclosure of the information as described in that privacy notice.
  • As Described in a Click-Through Agreement. We reserve the right to disclose the information we collect as described in any click-through agreement to which you have agreed.
 
  1. Consumer Opt-Out If you register with the Site, we provide you with an opportunity to “opt-out” of receiving certain communications from us. In addition, we will include an “opt-out” link in each electronic newsletter or promotional email se wend you, so you can inform us that you do not wish to receive such communications form us in the future. You may also change previously expressed preferences regarding how we use and share the information we collect. To be removed from our mailing lists, please contact us at info@cvacoop.com and provide your full name, postal address and email address. Please allow a reasonable amount of time to honor your request.
 
  1. How to Access, Update or Correct Information To access, update or correct certain information, please contact us at info@cvacoop.com. We will respond to you within a reasonable amount of time, and we may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity.
 
  1. California Consumer Rights If you are a resident of the state of California or have authorized a representative to act on your behalf who is registered with the California Secretary of State, you or your authorized representative may make a verifiable consumer request related to the Personal Information we collect. To exercise such rights, please submit a verifiable consumer request by either:
Any such verifiable consumer request must:
  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
If we cannot verify your identity or authority to make the consumer request and confirm the Personal Information relates to you, we will not respond to your request or provide you with any Personal Information.
 
We may decline to process consumer requests that are frivolous, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of the Personal Information for anti-fraud and security purposes as described earlier. Once a consumer request is either confirmed or denied, an email notification will be sent to the email submitted as part of the consumer request. Although we will honor a verifiable consumer request by California residents or entities registered with the California Secretary of State in good faith, this Policy is subject to the laws of the state of Nebraska in all respects and no other, without regard to conflict of laws of principals. Your consent to this Policy constitutes your assent to the jurisdiction of the state of Nebraska and no other for all legal actions which arise out of your usage of this Site.
 
  1. Steps We Take to Safeguard Information We maintain reasonable administrative, physical and technological measures to protect confidentiality and security of Personal Information you submit on or through the Site. Unfortunately, no website, server or database is completely secure, and we cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.
 
  1. Children Under the Age of Sixteen Our Site is not intended for anyone under 16 years of age. No one under age 16 may provide any Personal Information on the Site. We do not knowingly collect Personal Information from anyone under 16 years of age. If you are under 16 years of age, do not use or provide any information on the Site. If we learn that we have collected or received Personal Information form a person under 16 years of age without verification of parental consent and supervision, we will delete such Personal Information. If you believe that a person under 16 years of age has submitted Personal information on or through the Site without the consent and supervision of a parent or guardian, please contact us at info@cvacoop.com
 
  1. Illegal or Harmful Use
The following list of activities are prohibited, without limitation:
  • Infringement of intellectual or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos. For information on how to report infringement, see section 9 above.
  • Transmission of material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
  • Posting or sending software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration regulations maintained by the Department of Commerce.
  • Disseminating harmful content, including, without limitation, viruses, trojan horses, worms, time bombs, bots, cancelbots, or any other computer programming routines that may damage or interfere with the Site, system, program, data or Personal Information.
Any violation of this provision is strictly prohibited and may result in termination or suspension of your access to the Site. You are solely liable and responsible for your use of the services and any and all content that you display, upload, download, or transmit through use of the Site. You further agree to indemnify and release CVA from any and all claims or causes of action, known or unknown, contingent or otherwise with respect to these prohibited acts, including related acts not above listed.
 
  1. Links to Other Sites This Site may contain links to websites operated by other organizations, including websites operated by our third-party service providers and other third parties. This Policy does not apply to information collected on any third-party websites.
 
  1. This Policy May Change We reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy & Terms” at the bottom of the Site. Your continued use of the Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. You may access the current version of this Policy at any time by clicking the link marked “Privacy & Terms” at the bottom of the Site.
 
  1. Governing Law This agreement shall be exclusively governed and construed under the laws of the State of Nebraska, without regard to its conflicts of laws principles.
 
  1. Intellectual Property  The Site and its original content, features, and functionality are owned by CVA and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
 
  1. Termination We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
 
  1. Limitation of Liability Notwithstanding anything written herein to the contrary, you acknowledge and agree that CVA will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not you have been advised or otherwise might have anticipated the possibility of such loss or damage, arising or resulting from your usage of the Site, and further agree to indemnify and hold harmless CVA in all such respects.

CVA Terms of Use

Effective Date: June 28, 2021 Thank you for your interest in accessing and utilizing the Site, as defined below, which is owned by Central Valley Ag Cooperative, a Nebraska cooperative corporation (“CVA,” “we,” “us,” or “our”).

Definitions
  • The term “Content” refers to all of the software and code comprising or used to operate the Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on the Site, including User-Generated Content and Feedback.
  • The term “Feedback” refers to the Content you post on or through the Site that is specifically about how we can improve the Site and the products and services we make available through the Site.
  • The term “including” means “including, but not limited to.”
  • The term “Site” refers to the website owned by CVA and located at http://www.cvacoop.com, http://www.growingagriculturetogether.com,  and any online portal, and any CVA application, including the following: MyCVA app and Central Valley Ag’s Online Patron Account Access portal.
  • The terms “CVA,” “we,” “us,” and “our” refer to Central Valley Ag Cooperative, a Nebraska cooperative corporation.
  • The term “User-Generated Content” or “UGC” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post using the social networking tools we make available to you and that does not constitute “Feedback.”

Your Acceptance of These Terms of Use
These Terms of Use apply to all users of the Site. By using the Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy: https://www.cvacoop.com/home/privacy-policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy  All personal information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use take precedence.

Your Consent to Other Agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Ownership of this Site and its Content
The Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of CVA or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks
The CVA names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of CVA (the “CVA marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the CVA marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Site without the prior written permission of such owners. The use or misuse of the CVA marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Responsibility for User-Generated Content Posted on or Through the Site
You are responsible for User-Generated Content (UGC) that you post. Under no circumstances will we be liable in any way for any UGC. This means that you, not CVA, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it. Because we do not control the UGC posted on or through the Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing the Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through the Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of CVA or any person or entity associated with CVA.

You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using the Site you are granting us and our subsidiaries, affiliates, successors, and assigns, a nonexclusive, fully-paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize UGC you post in any and all media or form of communication whether now, existing, or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

We may disclose and/or remove User-Generated Content. CVA has certain rights. We have the right (but do not assume the obligation) to:
  • monitor all UGC;
  • require that you avoid certain subjects;
  • remove or block any UGC at any time without notice at our sole and absolute discretion;
  • disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of CVA or others, or to enforce these Terms of Use; and
  • terminate your access to and use of the Site, or to modify, edit, or block your transmissions thereto in our sole discretion.
  • You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.
  • Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
    • upload, post, transmit, or otherwise make available: any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy; any UGC that constitutes or encourages activity illegal under criminal or civil law; any UGC that is false, misleading, or fraudulent; any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity; any UGC that contains the image, name, or likeness of anyone other than yourself, unless (i) that person is at least nineteen years old and you have first obtained his/her express permission or (ii) that person is under nineteen years old but you are his/her parent or legal guardian; any request for or solicitation of any personal or private information from any individual; any request for or solicitation of money, goods, or services for private gain; any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or any UGC that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or violate any local, state, national, or international law, rule, or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

Removal of Content
In general. You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. CVA does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.  If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include:
  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written 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
  • 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.
Your statement must be addressed as follows:
Central Valley Ag Cooperative
PO Box 429
York, Nebraska  68467
Phone: 402-362-0253Email: info@cvacoop.com
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your Feedback
Although we do not claim ownership of User-Generated Content you post using the Site, the Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations
In consideration of your use of the Site, you agree that to the extent you provide personal information to CVA it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us.
 
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE. THE SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CVA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CVA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SITE; (C) THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

CVA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED CVA SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF CVA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

The Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to Third-Party Websites
The Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. CVA 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products, and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site.

Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by CVA of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction, and Venue
These Terms of Use will be governed under the laws of the State of Nebraska without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be subject to venue exclusively in state or federal court in Nebraska. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity
You agree to indemnify and hold CVA, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using the Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. CVA reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use the Site.

Entire Agreement
These Terms of Use (together with our Privacy Policy and any other click-through agreements applicable to you) contain the entire understanding and agreement between you and CVA with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and CVA with respect to the Site and your use of this Site.

Questions
If you have any questions about the Site or these Terms of Use, please contact us via email at info@cvacoop.com.

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