Cooperative Action Network TERMS OF USE

ACCEPTANCE OF THE TERMS OF USE

Welcome to the website of the Cooperative Action Network created by the National Rural Electric Cooperative Association (“NRECA”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of takeaction.coop, including any content, functionality and subscription services offered on or available through this website (“Website”).

Please read the Terms of Use carefully before you start to use the Website.

BY USING THIS WEBSITE, YOU ARE ACCEPTING AND AGREEING TO BE BOUND AND ABIDE BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE DO NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS RELATED SERVICES, INCLUDING SUBSCRIPTION TEXT MESSAGING SERVICE.

  1. General Conditions. The content and information displayed on this website and provided through subscription services is the property of NRECA. NRECA reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in its sole discretion without notice. NRECA shall not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, NRECA may restrict access to some parts of the Website, or the entire Website, to users.

    You are responsible for:

    • Making all arrangements necessary for you to have access to the Website.
    • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

    To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website or through our subscription services programs is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features of the Website, is governed by our Privacy Policy, and you consent to all actions NRECA takes with respect to your information consistent with its Privacy Policy.

  2. Intellectual Property. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, text messages, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by NRECA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing these materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
    • You may link or share content from this Website with other users.
    • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any applicable end user license agreement for such applications.

    You must not:

    • Modify copies of any materials from this site without NRECA’s express written permission.
    • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text without NRECA’s express written permission.
    • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

    You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

    If you wish to make any use of material on the Website other than that set out in this section, please address your request to obtain permission to: NRECA, Attn: General Counsel, 4301 Wilson Blvd, Arlington, VA 22203

    If you print, copy, modify, download in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at NRECA’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NRECA. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  3. Trademarks. NRECA’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of NRECA or its affiliates or licensors. You must not use such marks without the prior written permission of NRECA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  4. Prohibited Use of Website. You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local or international law or regulation.
    • To impersonate or attempt to impersonate NRECA, an NRECA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NRECA or users of the Website or expose them to liability.

    Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
    • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website and messaging services provided through the Website.
    • Attack the Website or otherwise interfere with the proper working of the Website.

    Additionally, you agree not to frame, mirror, or otherwise incorporate any part of this website into any other website, unless NRECA expressly authorizes the same. You agree to cooperate with NRECA in causing any unauthorized framing or linking immediately to cease. NRECA reserves the right to withdraw linking permission without notice. NRECA may disable all or any social media features and any links at any time without notice in its sole discretion.

  5. Collection and Use of Personal Information. All information NRECA collects on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  6. Communication Services. This Website may contain certain message or communication facilities designed to enable you to send messages to your elected officials (“Communication Services”). Except as limited by the above referenced Privacy Policy, you agree with respect to your usage of the Communication Services that you shall have no right of confidentiality in your communications and NRECA shall have no obligation to protect your communications from disclosure. If you choose to submit comments or information using any of the Communication Services available through this Website, you are responsible for the content of your submission. NRECA has no responsibility for the content of any message or information posted by you. NRECA reserves the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any content derived from the Communication Services without notice to you for any reason whatsoever. You grant to NRECA an unrestricted, irrevocable, worldwide, royalty-free, fully-paid license for NRECA to use, reproduce, display, perform, transmit, distribute, modify or create derivative works from your generated content utilizing the Communication Services without approval from or compensation or attribution to you, including in marketing and promotional materials, and, further, to use your name, and/or the name of your organization or company in connection with such of the content.

  7. SMS Texting Terms and Conditions. NRECA offers a reoccurring subscription text message program to enable participants to receive certain informational alerts and updates relating to important legislative and regulatory issues facing the Cooperative Action Network. You can enroll by providing your mobile number to NRECA on its website or by texting the word “NRECA” to 36453, and you will have an opportunity to confirm or decline the service via a reply to an initial text message you receive regarding the subscription service. By replying to the service, you are confirming a subscription to this text message program. Message frequency varies for this subscription service.

    NRECA is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of your personal information. For more information you can view a copy of Privacy Policy here.

    NRECA does not have a separate charge for this service; however, Standard message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile carrier. Participation in this subscription service on this short code is standard rated (no premium content).

    By providing your consent to participate in this program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. NRECA reserves the right to terminate this service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help, text HELP to 36453.

    To stop receiving text messages, text STOP to 36453. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive one (1) final message from NRECA confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you reactivate your subscription.

    NRECA may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 CFR § 64.1200. By your subscription to the subscription text message program, you give your consent to NRECA to use an automatic dialing system to deliver text messages to the mobile phone number to which you have directed NRECA to transmit these text messages.

  8. Linking to the Website and Social Media Features. You may link to the Cooperative Action Network homepage, provided you do so in a way that is fair and legal and does not damage NRECA’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on NRECA’s part, without our express written consent.

    This Website may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on this Website.
    • Send e-mails or other communications with certain content, or links to certain content, on this Website.
    • Cause limited portions of this Website to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided herein and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.
    • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
    • Link to any part of the Website other than the homepage.
    • Otherwise take any action with respect to the materials on this Website that is inconsistent with any provision of these Terms of Use.
  9. Linking to other sites. From time to time, this page may provide links to other websites, not owned or controlled by NRECA, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites, or the cookies placed on your computer from other websites. You should read and review the relevant privacy policies available on all third-party sites. By clicking on links to take you outside the NRECA website, you are agreeing that NRECA is not responsible for the availability of such external website, and NRECA does not constitute or imply endorsement by NRECA of these websites, or any products or services described on these sites, or of any other material contained therein.

  10. Geographic Restrictions. NRECA is principally located in Virginia in the United States. NRECA provides this Website for use only by persons located in the United States. NRECA makes no claims that the Website or any of its content is accessible or appropriate outside the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  11. Disclaimer of Warranties. You understand that NRECA cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICES, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT.

    YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER NRECA NOR ANY PERSON ASSOCIATED WITH NRECA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    NRECA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTAIBLITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  12. Limitation of Liability. IN NO EVENT WILL NRECA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CASUED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LMITED UNDER APPLICABLE LAW.

  13. Disputes. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefore or related thereto shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provisions o rule. Any suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia in each case located in the City of Alexandria for federal courts and County of Arlington for state matters. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  14. Waiver and Severability. No waiver by NRECA of any term or condition set forth in these Terms of Use shall be deemed a further waiver of any other term or condition, and any failure of NRECA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  15. Entire Agreement. These Terms of Use and Privacy Policy constitute the sole and entire agreement between you and NRECA with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

  16. Your Comments and Concerns. The website is operated by NRECA, 4301 Wilson Boulevard, Arlington, VA 22203.

    If you have any questions or concerns about these Terms of Use, you may send an email to: Patrick.ahearn@nreca.org or send regular mail to: Government Relations Department, 4301 Wilson Blvd. Mailcode GR 11-252, Arlington, VA 22203-1860

    Thank you for visiting the Website.

Terms of Use last updated February 20, 2015