Effective 09/09/00

Acceptance of Terms

WWW.CO-OPBAR.ORG and the information and materials available through this web site (“Site”) are offered to you (“you” or “user”) by the National Rural Electric Cooperative Association (“NRECA” or “We”) subject to the following Terms of Use. In addition, you are also subject to any posted guidelines, rules, or policies. All such guidelines, rules, or policies are hereby incorporated by reference into the Terms of Use. The Terms of Use, and all guidelines, rules, and policies are subject to change from time to time and without prior notice to you unless otherwise expressly provided. By registering for and/or using this Site, you agree to abide by the Terms of Use. If you do not agree to these terms, please discontinue your use of the Site immediately.

Site Description

The Site is directed to Electric Cooperative Bar Association (“ECBA”) members and non-member attorneys who are employed by or representing electric cooperatives. Its contents include information and events of interest to electric cooperative attorneys, professional resources and documents, a membership directory, and a discussion list. The Site and any information obtained from the Site are for educational and informational purposes only, and do not constitute legal advice or opinion. Much of the information and resources on the Site is only available to ECBA members with a registered username and password.

Proprietary Rights & Copyright Agent

This Site is owned and operated by NRECA. You acknowledge and agree that this Site contains information that is protected by applicable intellectual property and other proprietary rights and laws, including the ECBA Name and Logo design and the tagline “Lawyers with the Co-op Edge,” which are federally registered trademarks of NRECA and may not be used without permission. You may view and download materials from the Site on a single computer for your personal, noncommercial use; provided that you retain any copyright or other legal notices contained in any material downloaded from the Site; and further provided that you do not (and do not allow any third party to) make further use of the Site and any materials obtained from it without NRECA’s prior consent.

In providing the Site, NRECA has included content provided by NRECA staff and ECBA members and by other third parties with their permission. We respect the intellectual property rights of others and will remove content that appears to infringe any copyright or other intellectual property rights. NRECA reserves the right to terminate access to the Site for any user who posts infringing material.

If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our Copyright Agent and provide the following information:

  • a description of the copyrighted work or other intellectual property that you believe has been infringed;
  • a description of where that material is located on the Site;
  • your mailing address, telephone number, and email address;
  • a statement by you, made under penalty of perjury, that: (1) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (2) the above information in your notice is accurate; and (3) you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
  • your physical or electronic signature.

NRECA’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Michael Lynch
National Rural Electric Cooperative Association
4301 Wilson Blvd. (IT6-342)
Arlington, VA 22203
By phone: 703-907-5735
By email: michael.lynch@nreca.coop

Your notice will be evaluated and action taken as is appropriate under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.

User Conduct, Postings & Submissions

NRECA reserves the right to monitor, and to edit, remove, or refuse to make available anything submitted or posted by you to the Site that violates the Terms of Use or other rules or policies, or is otherwise objectionable, in our sole discretion. It is your responsibility as a user of the Site to ensure that any message, information, communications, data, text or other material (“Content”) that you submit or post to or via the Site is lawful and appropriate. When submitting or posting Content to the Site, you agree to:

  • Not submit or post any Content that is unlawful, threatening, defamatory, hateful, obscene, or otherwise offensive, or that may be invasive of another’s privacy, business or trade secrets (including disclosures of confidential or proprietary business information).
  • Not violate any applicable local, state, national, or international law, including but not limited to the regulations promulgated by the U.S. Department of Justice, Federal Trade Commission, Federal Energy Regulatory Commission, Rural Utilities Service, and any other rules or regulations having the force of law.
  • Use caution when discussing or describing potential business opportunities, strategic business plans, potential business “partners,” and specific products or services. Content you submit or post should be assumed to be public knowledge --available for anyone to see-- and any statements you make are subject to applicable laws including libel, slander, and antitrust laws. In particular, discussions on any email discussion list that may encourage or facilitate an agreement on the following topics are prohibited:
    • prices for products or services;
    • costs, discounts, terms of sale, profit margins or other things that might affect pricing to customers;
    • allocation of customers or territories;
    • whether or not to deal with any other company; and
    • whether or not to bid in a particular bidding process.
  • Not send any “commercial” Content, such as unsolicited advertising, promotional materials, or any other form of solicitation for or endorsement of particular vendors or their products of services, nor collect, store or transfer the personally identifiable information (including e-mail addresses) of other users to any third party for the purpose of sending such commercial Content.
  • Not submit or post any Content that may infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Intellectual Property”) of any party. By submitting or posting Content through the Site you warrant that you have the necessary right, license or permission to so use any relevant Intellectual Property, and grant to NRECA and other Site users a nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use the Intellectual Property without compensation to you.
  • Grant to NRECA the irrevocable, transferable, and worldwide right to display the Content that you submit or post to the Site without compensation to you.
  • Not knowingly submit or post any Content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any computer hardware, software or networks connected to the Site, or that otherwise disrupt the normal flow of communications on the Site.

Disclaimers

Disclaimer of Warranties: NRECA shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the SITE, and shall not be responsible or liable for any decisions or actions you may take based on information provided via the SITE. If you rely on and/or use any information THAT YOU obtain via the SITE you do so AT YOUR OWN RISK. Information posted here is provided “AS IS” and NRECA hereby disclaims all warranties regarding this information, whether posted by NRECA, or any third party; this disclaimer includes implied warranties of merchantability, fitness for a particular purpose and non-infringement. (If you live in a state which does not permit disclaimers of implied warranties, this part of our disclaimer may not apply to you.)

NRECA further disclaims any and all warrantees that this Site shall be operated free of delays in transmission, failure in performance, computer viruses, inaccuracies or errors in the materials, or other errors or defects.

Limitation of Liability: In no event shall NRECA be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of the site OR any information, materials, products or services obtained via the SITE. (If you live in a state which does not permit the limitation or exclusion of liability for incidental or consequential damages, part of this section may not apply to you.)

Indemnification: You agree to indemnify and hold NRECA, and its affiliates, officers, directors, employees and agents, harmless from any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the Site, your violation of the Terms of Use or other Site Policies, or your violation of any rights of another.

Termination

NRECA reserves the right to terminate the Site temporarily or permanently without prior notice to users. NRECA further reserves the right, in its sole discretion, to terminate your access to the Site for any reason, including without limitation, failure to abide by these Terms of Use.

Entire Agreement

As noted above, these Terms of Use shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Site; provided however, that in the event of a conflict between such other terms and the Terms of Use, the Terms of Use shall control. The Terms of Use constitute the entire agreement, and supercede and replace any and all prior oral or written agreements, representations, warranties, or other statements or documents, between NRECA and you regarding your use of the Site.

Partial Invalidity

The invalidation of any provision, or any portion of a provision, of the Terms of Use by any entity with proper jurisdiction and authority does not invalidate the remaining provisions, or the remaining portion of a provision.

Applicable Law, Jurisdiction & Venue

The Terms of Use are governed by, and will be interpreted under, the laws of the Commonwealth of Virginia, without regard to choice or conflicts of law rules. Any legal action regarding the Terms of Use shall be commenced and heard in the Circuit Court of Arlington County, Virginia or the United States District Court for the Eastern District of Virginia. NRECA and you agree to submit and consent to the jurisdiction and venue of these courts. You agree to irrevocably waive any right you may have to commence any action against NRECA in any other court and irrevocably waive any rights or defenses in any action before the above noted courts based on lack of personal jurisdiction or improper or inconvenient venue.

No Waiver

No waiver of any breach by you of the Terms of Use shall constitute a waiver of any other or subsequent breach.

Questions

Questions regarding these Terms of Use may be directed to Bill Roche,  Assistant General Counsel & ECBA Administrator, at 703-907-5783 or Bill.Roche@nreca.coop . Mail may be sent to his attention at: NRECA, 4301 Wilson Blvd., Arlington, VA 22203-1860.