Terms of Use

Terms of Use

Acceptance of Terms
Accuracy, Completeness, and Timeliness of Information on This Website
Use of Material on This Website
Material You Submit
Prohibited Conduct
Monitoring Website Content
Electronic Communications
Limitation on Use of User Information 
Termination or Cancellation
Indemnification 
Disclaimer Of Warranties 
Exclusion Of Damages; Limitation Of Liability
Additional Terms 

 

Acceptance of Terms
New England ACH Association (“NEACH”) provides this website as a convenience to our members and the public.  These terms of use of use are a binding contract between NEACH (“we,” “us” or “our”) and you (“you” or “your”).  By using this website or the information, data, or materials provided on this website, you acknowledge and agree to the following terms of use. NEACH reserves the right to modify these terms of use of use at any time, and all updates will be posted on this website and a new effective date below. Any such change will be effective immediately upon posting on this website.  Please check this page of the website periodically for modifications to these terms of use of use.  If you violate any of these terms of use use, we may terminate your use of this website, forbid you from any further use of the website and/or take appropriate legal action against you.  Your continued use of the website following our posting of any revised terms of use will constitute your acceptance of the revised terms of use.  If you do not agree to these terms of use of use, do not use this website.

Accuracy, Completeness, and Timeliness of Information on This Website
While NEACH uses reasonable efforts to include accurate and up-to-date information on this website, it makes no warranties or representations as to its accuracy. NEACH assumes no liability or responsibility for any errors or omissions in the content on this website. Any reliance on the information on this website is at your own risk, and any conclusions that you draw from the information presented here are yours alone and are not to be attributed to NEACH. 

This website may provide links to websites not maintained by NEACH as an additional resource. Such external websites may also link to this website. External websites that link to this website or that this website links to are not under the control of NEACH and may contain material that is protected under copyright or other laws or that otherwise has restrictions on its use. NEACH makes no warranty, express or implied, and does not assume any liability or responsibility for any information that is available on any external website. Neither this website’s inclusion of links to external websites nor external websites' inclusion of links to this website imply NEACH sponsorship, endorsement, recommendation, or approval of the external websites, the persons or entities managing or responsible for those websites, any views expressed on those websites, or any products or services offered on those websites.

Use of Material on This Website
New England ACH Association (NEACH) maintains this website to provide members and the public with information, and for education and communication. Please feel free to browse the website. You may download material displayed on this website for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of this website for public or commercial purposes, including the text, images, audio, and video without the express written permission of NEACH. 

You should assume that everything you see or read on this website is copyrighted unless otherwise noted. NEACH neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with NEACH. 

Material You Submit
Any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, will be treated as non-proprietary. Anything you transmit or post may be used by NEACH, or its affiliates, for any purpose consistent with the posted NEACH website. Your responsibility includes ensuring that you have the necessary rights or permissions to submit the material to this website and that the material is lawful and appropriate in the jurisdiction from which you are accessing this website.

This website may provide you with opportunities to contribute content to the website.  Anything that you or other website users contribute to the website, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship, will be referred to as “User Content.”  We are not liable or responsible for any User Content.  Any contributions made by third parties to this website do not necessarily represent the beliefs or opinions of NEACH.  We cannot review User Content before it is displayed on this website.

By displaying or publishing (“posting”) any User Content on the website, you warrant and represent that (a) you own all rights in your User Content and the performance contained in your User Content or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to NEACH the rights in your User Content described herein and for us to exercise the rights with respect to such User Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your User Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or legal guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Content to grant the rights to NEACH described herein; and (c) your User Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.

If you use this website and submit any non-public personal information to us—for example, by applying for membership—you are responsible for maintaining the confidentiality of the non-public personal information you submit.  You agree to accept responsibility for all activities that occur under your membership account.  You understand that you are financially responsible for all uses of this website by you and those using your membership account information.  You agree to be liable for any User Content posted to the website using your membership account, including, but not limited to, infringing, obscene, defamatory or offensive User Content, and for any transactions associated with your membership account. 

We reserve the right to contact you in connection with our or your compliance with and performance of these terms of use of use (including without limitation the license rights granted hereunder) or any content (including User Content) or activities relating to this website.  You acknowledge that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of use of use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NEACH, website users, and the public. 

You hereby grant to NEACH a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of your User Content, in any form, media, or technology now known or later developed.  You also hereby waive any moral rights you may have in such User Content under the laws of any jurisdiction.  You agree that we may (but are not obligated to) display your User Content, and your name along with your User Content.  You acknowledge that the posting of your User Content for any period of time is sufficient consideration for the license granted herein to NEACH.

Prohibited Conduct
You agree not to post to this website any User Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any User Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) 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; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).  

You agree not to do, or attempt to do, any of the following, subject to applicable law:  (a) alter information on or obtained from this website; (b) tamper with postings, registration information, profiles, submissions or User Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access this website or extract data or gather or use information, such as e-mail addresses, available from this website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of this website, or link to this website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Content for any purpose except as expressly permitted in writing by NEACH; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of this website (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on this website’s infrastructure or performance, or send to or otherwise impact us or this website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact this website or any recipient.

Nothing on this website may be used by visitors to this website for any commercial purposes such as to conduct sales of merchandise or services of any kind.  Prior written consent must be obtained to make commercial offers of any kind, whether by advertising, solicitations, links, or any other method of communication.  Without limiting any former restrictions, you may not resell or link to other sites for the purpose of selling merchandise or services of any kind.  Any violators of this provision will be investigated and pursued through legal action, which includes removing the offending User Content from this website and excluding such violators from use of this website.

Monitoring Website Content
We are under no obligation to restrict or monitor Website content in any way.  YOU UNDERSTAND AND ACKNOWLEDGE THAT NEACH DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.  Notwithstanding the foregoing, we reserve the right to modify or remove any User Content at any time.  Any opinions, advice, statements, services, offers, or other information or User Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of NEACH.  NEACH neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this website by anyone other than authorized NEACH employees acting in their official capacities.  Although we cannot monitor the conduct of users of this website, it is also a violation of these terms of use of use to use any information obtained from this website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any website user.

Electronic Communications
You agree to electronic communication for all of your transactions and communication with NEACH and this website.  You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Limitation on Use of User Information 
Generally, information collected via this website is for NEACH use only. If you have provided NEACH with your email address and we have sent you promotional or informational email, you will be given the opportunity to opt-out or change any editable aspects of your subscriptions with NEACH. We will make every reasonable effort to handle your request as quickly and efficiently as possible. If at any time you wish to correspond directly with NEACH about your subscriptions or our policies, please email us at info@neach.org. 

NEACH respects your privacy. Any non-public personal information that we collect from you will not be released, sold, or rented to any entities or individuals outside of our organization, subsidiaries, or affiliates. Our service providers are required by contract to protect the confidentiality of the non-public personal information we share with them and to use it only to provide specific services on our behalf. We and our subsidiaries and affiliates may use the information collected to send you information and services that we think will be useful to you.

Termination or Cancellation
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these terms of use of use, your access to this websote, or suspend or block your access to this website.  You will still be liable for any breaches of these terms of use of use and/or obligations incurred before the terms of use terminate.  

The provisions entitled “Material You Submit,” “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” will survive termination of these terms of use of use.

Indemnification 
As a condition of your access to and use of this website, you agree to hold NEACH, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of this website and the content therein; (ii) your violation of these terms of use, and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of this website; (iv) our resolution (if any) of any dispute you have or claim to have with one or more users of this website; (v) your improper authorization for us to collect, use or disclose any data or User Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that we disclose your non-public personal information and other information collected as set forth herein).  Furthermore, you fully understand and agree that: (a) we have the right but not the obligation to resolve disputes between users relating to this website and our resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) our resolution of a dispute between users relating to this website will be final with respect to this website.

Disclaimer Of Warranties 
YOU USE THIS WEBSITE AND CONTENT AT YOUR OWN RISK.  THIS WEBSITE IS PROVIDED BY NEACH ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEACH MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION OR CONTENT INCLUDED ON THIS WEBSITE.  NEACH MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Because some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, the limitations set forth above may not apply to you.

Exclusion Of Damages; Limitation Of Liability 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER NEACH, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF NEACH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

Additional Terms 
a. Severability.  If any part of these terms of use is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

b. No Assignment.  These terms of use (including terms incorporated into them, e.g., the Privacy Policy and the Returns Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of NEACH.  Any attempt by you to assign, transfer or delegate these terms of use without the express written permission of NEACH will be null and void.  NEACH shall have the right to transfer, assign and/or delegate these terms of use to one or more third parties without your permission.

c. Jurisdiction; Choice of Law; Export Limitations.  We control this website from our offices within the United States of America. If you choose to access this website from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws.  You may not use or export anything from this website in violation of U.S. export laws and regulations or the Terms.  These terms of use and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of this website will be governed by the laws of the Commonwealth of Massachusetts, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction.  You and NEACH agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts.  Any disputes regarding such claims or arising under or related in any way to these terms of use or this website shall be heard exclusively in the appropriate forum in Massachusetts.  You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Massachusetts or federal law.

d. Limitations on Actions.  Any action concerning any dispute you may have with respect to this website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

e. Headings.  The section and paragraph headings in these terms of use are included to help make these terms of use easier to read and have no binding effect.

f. Entire Agreement.  These terms of use (including terms incorporated into them, e.g., the Privacy Policy and the Returns Policy), as modified from time to time as provided herein, comprise the entire agreement (the “Entire Agreement”) between you and NEACH with respect to the use of this websites and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

g. No Waiver.  The failure of NEACH to exercise or enforce any right or provision of these terms of use of use, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches.  We suggest that you print a copy of these terms of use for your records.

neach.org Terms of Use, updated September 15, 2017