Terms of Use

National Cooperative Bank, N.A Investors Only Website Terms of Service

Welcome to NCB's Investors Only website (this “Site”) available at and under the domain name ncbweb.ncb.com/investorsonly and other such other or successor domain names as NCB or National Cooperative Bank, N.A. may make available operate, acquire or use from time to time.  Please note that all references to NCB include NCB and National Cooperative Bank, N.A.

This User Terms of Service Agreement (this "Agreement") sets forth the terms and conditions governing your use of this Site and your access to and use of the information, content and services offered on this Site (which, collectively with this Site, constitute the "Services").

BY ACCESSING OR USING THIS SITE OR ANY OF THE SERVICES, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, AS IT MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME (AS FURTHER DESCRIBED BELOW), AND AGREE TO ALL OPERATING RULES AND/OR POLICIES OF NCB OR National Cooperative Bank, N.A. AND THE SERVICES THAT MAY BE PUBLISHED BY NCB OR National Cooperative Bank, N.A. ON THIS SITE.

All these rules and policies are incorporated into this Agreement by this reference.  NCB also has a Privacy Policy relating to this Site and the Services generally.

IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.

The Services are intended for use only by adult individuals and legal entities based in the United States, that can form legally binding contracts under applicable law.

If you do not satisfy the foregoing, you may not use any of the Services.  By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract (if you are an individual), or that you have been duly authorized by your corporation, partnership, or other legal entity, to enter into agreements on behalf of that entity (if you represent a legal entity).

If you have any questions concerning this Agreement, please contact us.

  1. Revisions to this Agreement. NCB reserve the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services.

    Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as "Additional Terms") shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site.

    Your continued use of this Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

  2. Acceptable Use of the Services. In order to use the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access.

    1. Availability. NCB’s intention is to make the Web Site accessible 24 hours per day, 7 days per week; however, it may make the Web Site unavailable from time to time for any reason including, without limitation, routine maintenance.

      You understand and acknowledge that due to circumstances both within and outside of the control of NCB, access to the Site may be interrupted, suspended, or terminated from time to time.  You agree that:

      1. NCB shall not be liable for any damages arising from any such interruption, suspension, or termination of the Site and

      2. you assume the risk of such interruption, suspension or termination of the Web Site.

    2. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services.  Accordingly, you shall not:

      1. access data or materials not intended for you;

      2. log into a server or account which you are not authorized to access; or

      3. attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      Violations of system or network security may result in civil or criminal liability.  NCB reserves the right to investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

      You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Services.

    3. Accurate Information. You must be registered in order to access and use some areas of our Site. You agree to:

      1. provide certain current, complete, not misleading, true and accurate information as required to complete the registration process and at other points as may be required in the course of your using the Services; and

      2. maintain and update this information as required to keep it current, complete, and accurate (collectively the "Registration Data") to become a registered user of the Services ("Registered User").  You agree not to use a false or misleading name or a name that you are not authorized to use.

      If NCB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, it has the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies.

    4. Account Passwords. If applicable, you will be able to access certain portions of this Site as a Registered User of the Services.  As a Registered User, you will receive or establish one or more passwords and accounts.  Maintaining the confidentiality and security of your password and account is solely your responsibility.  Do not divulge your password to anyone else, and do not use anyone else's password or account.

      You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security.  You agree that NCB will not be responsible for any losses incurred in connection with any misuse of passwords.

      If NCB has reasonable grounds to suspect that the security of your password has been compromised, it has the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies.

  3. Intellectual Property and Privacy. All content published on the Site by NCB, including, without limitation, any and all proprietary rights thereto, is owned by NCB or NCB’s third-party licensor, and such content may not be copied or distributed in any way by you for any purpose. NCB’s use of information submitted by you shall be in accordance with the Privacy Policy and the license expressed in this Agreement.

    You hereby grant to NCB a non-exclusive, worldwide, transferable, perpetual, irrevocable, royalty free license to use, in connection with operating and promoting the Site, in any media now known or hereafter developed, all information and materials you provide, subject to the terms and conditions of the Privacy Policy.

    You agree that any information that you submit to NCB via the Site or by means of e-mail to NCB may be delivered by NCB to any of its affiliate companies.

  4. Relationship to the Parties. You and NCB are independent contractors, and no agency, partnership, joint venture, or employee-employer/franchiser-franchisee relationship is intended or created by this Agreement or by use of the Site.

  5. Linked Sites. Interactions with Third Parties NCB make no warranties, express or implied, regarding the materials, information, content, products or services provided via any site to which the Site links (each, a “Linked Site”).

    Links are provided solely as a convenience to you, and your use of the Linked Sites shall be governed by the terms and agreements applicable to use of such sites.  Inclusion of any link shall not be construed as an endorsement or approval of any Linked Site or any of its contents.

    NCB is not involved in the actual transactions between users and any third parties. We have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

    Accordingly, in the event of a dispute between you and any third party, you release NCB (including our agents, employees, officers, directors, subsidiaries, parent and affiliated companies) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

  6. Termination. NCB may and will terminate your service immediately, if, in its sole discretion, it is believed that your conduct fails to conform with the acceptable use of the services or this Agreement.  Without limiting the foregoing, if you use, or attempt to use any or all of the Services for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.

  7. Compliance with Laws. You may use the Services only for lawful purposes.  The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services.

    This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefore from NCB.

  8. Disclaimer of Warranties. YOU ACCESS AND USE THE SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.

    NCB DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.  IN ADDITION, NCB AND National Cooperative Bank, N.A. DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.

    Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

  9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NCB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

    THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE.

    BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  10. Indemnity of NCB. You agree to indemnify and hold NCB (including without limitation our agents, employees, officers, directors, subsidiaries, parent and affiliated companies) harmless, and, at NCB’s request, to defend NCB from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to:

    1. your use of (or inability to use) any and all of the Services;

    2. your violation of the terms and conditions of this Agreement;

    3. the infringement by you, or any other person using your password and account, of any right of any person or entity; or

    4. any other of your activities relating to your use of this Site and the Services. This indemnity shall be in addition to and not limited by any other indemnity.

  11. Order of Precedence. This Agreement governs your use of this Site and access to the Services.  This Agreement does not modify, alter, or amend any other agreement you have entered or will enter into with NCB or any of its related or affiliated entities.

    To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of your other agreements with NCB or any of its related or affiliated entities, the terms of such other agreement, shall, as to the subject matter of that other agreement, take precedence over the conflicting term(s) of this Agreement.

  12. Miscellaneous Terms. Subject to the terms herein and NCB’s other operating rules and policies for this Site, this Agreement constitutes the entire agreement between you and NCB with respect to the subject matter addressed herein, and governs your use of any or all of the Services, superseding any prior agreements between you and NCB relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with NCB pursuant to registration to access certain features of this Site.

    The failure of NCB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect.  The section headings used in this Agreement are for convenience only and have no legal or contractual effect.

    BY ACCESSING OR USING THE SERVICES, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL OF THE FOREGOING TERMS AND CONDITIONS.