REAL Financial Center® is a registered trademark of  REAL Financial Credit Union® ("REAL Financial"). REAL Financial operates this web site (the "Site") to provide online access to information about its products and services, and to provide information of general interest to the community, and to allow its members to access their accounts with REAL Financial. By accessing and using the Site, you agree to each of the terms of use set forth herein (the "Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. REAL Financial reserves the right to modify these Terms of Use at any time. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. 

1. ACCOUNT ACCESS

REAL Financial members ("Members") may access their accounts via the Site. Members may not, without REAL's prior written consent, authorize or permit any third party, or appoint any agent, to access their accounts via the Site in any manner or by any means. Persons other than Members may not access Member accounts via the Site.

2. PASSWORD.

Access to Member accounts via the Site requires the use of a password. Members are responsible for selecting appropriate passwords. Passwords should be at least eight characters in length, should contain letters and alpha-numeric characters, and should be difficult for another person to guess. Members should regularly change their passwords. Each Member must keep his or her password confidential and may not disclose the password to any third party. Members are responsible for all activities that occur through the use of their passwords, including unauthorized use, and REAL Financial shall not be liable for any such use. Members are responsible for promptly notifying REAL Financial of any unauthorized use of Members' passwords. REAL Financial, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to any Member account via the Site.

3. INTELLECTUAL PROPERTY

The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to REAL Financial or its partners, affiliates or third parties.

You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. REAL Financial reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

4. DISCLAIMERS

a. Content. The Content may contain technical, typographical or other errors or inaccuracies and may not be complete or current. REAL Financial does not warrant that any Content is accurate, complete or current. REAL Financial reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. REAL Financial does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 

b. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by REAL Financial of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. Authorized User acknowledges and agrees that REAL Financial is not responsible for the availability of any such web sites and that REAL Financial does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. 

c. Downloading Files. REAL Financial cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. By using the Site, you accept the entire risk as to the quality and performance of the Site and the accuracy of the Content.

d. Remote Use. REAL Financial makes no representation that Site or the Content is applicable, lawful or appropriate for access or use in locations outside the State of Minnesota.

5. DISCLAIMER OF WARRANTIES

YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS ALL CONTENT. REAL FINANCIAL MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. REAL FINANCIAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. 

REAL FINANCIAL DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. REAL FINANCIAL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.

6. LIMITATION OF LIABILITY

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, REAL FINANCIAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREES THAT UNDER NO CIRCUMSTANCES WILL REAL FINANCIAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF REAL FINANCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

7. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless REAL Financial, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

8. USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of REAL Financial or any third party. You guarantee to REAL Financial that you have the legal right to supply, post, or store any information or material you supply, post, or store to or on the Site (the "Data"), and that neither the Data, nor the provision thereof to REAL Financial via the Site will violate any law or the rights of any person or entity. 

9. GENERAL PROVISIONS

a. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement. 

b. Enforcement/ Choice of Law/ Choice of Forum. Every provision of these Terms of Use will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms of Use so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms of Use, and all other provisions will remain in full force and effect. Any and all disputes relating to these Terms of Use, the Site, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

c. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and may not be modified except in a writing specifically referencing these Terms of Use and signed by the party against whom such modification is sought to be enforced. No waiver by REAL Financial of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

© 2003 REAL Financial Center®. All Rights Reserved.