Terms of Use
Last Modified: February 18, 2022
Welcome to the Nebraska Investment Finance Authority (“NIFA”). Your access and use of www.nifa.org, including any content, functionality, and services offered on or through www.nifa.org (“NIFA Website”) is subject to the following Terms of Use.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY AS THEY GOVERN YOUR USE OF THE NIFA WEBSITE. BY USING THE NIFA WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY, FOUND AT https://www.nifa.org/privacy-policy, INCORPORATED HEREIN BY REFERENCE, AND ANY SUPPLEMENTAL TERMS AND CONDITIONS THAT MAY GOVERN YOUR USE OF THE PARTICULAR SERVICE OFFERED BY NIFA THROUGH THE NIFA WEBSITE. THESE TERMS OF USE MAY BE MODIFIED BY NIFA FROM TIME-TO-TIME IN NIFA’S SOLE DISCRETION AND POSTED ON THE NIFA WEBSITE. ANY CHANGES ARE EFFECTIVE IMMEDIATELY WHEN POSTED. Your continued use of the NIFA Website following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you check this page from time to time so you are aware of any changes. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the NIFA Website. Any use of the NIFA Website by anyone under thirteen (13) years of age is strictly prohibited and a violation of these Terms of Use. If you are under eighteen (18) you represent that you have your parent or guardian’s permission to use the NIFA Website and that your parent or guardian is agreeing to these Terms of Use. If you are a parent or guardian of a user of this NIFA Website under the age of eighteen (18), by allowing your child to use the NIFA Website, you are subject to these Terms of Use and you are responsible for your child’s activity on the NIFA Website.
1. Copyrights, Intellectual Property and Proprietary Rights. You understand and agree that NIFA or NIFA’s licensors are the owner of all information, data, text, software, sounds, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, documentation and other content or material posted in the NIFA Website (collectively, the “Information”) and all intellectual property rights related thereto, unless otherwise indicated therein. Without limiting the foregoing, the graphics, icons and overall appearance of the NIFA Website are the property of NIFA. The Information is protected by U.S. copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Information. You may not sell or republish, or copy (other than your own individual use as further outlined herein), the Information or any portion thereof without the prior written consent of NIFA. Permission is granted to display, copy, distribute, and download the Information on this NIFA Website solely for personal, non-commercial use provided that you make no modifications to the Information and that all copyright and other proprietary notices contained in the Information are retained. You may not, without NIFA’s express written permission, “mirror” any Information contained on the NIFA Website. Any permission granted under these Terms of Use terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed Information. Any unauthorized use of any Information contained on the NIFA Website may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. ANY USE OF THE NIFA WEBSITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.
2. Accessing the NIFA Website. Subject to your compliance with these Terms of Use, you may access and use the NIFA Website solely for your non-commercial, personal use. NIFA reserves all rights not expressly granted in these Terms of Use and in and to the NIFA Website and NIFA’s intellectual property. NIFA may suspend or terminate your access to the NIFA Website at any time without notice for any reason or no reason. NIFA may withdraw or amend the NIFA Website and any services, content or material on the NIFA Website, in NIFA’s sole discretion, without notice. NIFA shall not be liable for any reason if any or all of the NIFA Website is unavailable at any time for any period
3. Prohibited Uses. You may use the NIFA Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the NIFA Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate NIFA, a NIFA employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the NIFA Website, or which, as determined by us, may harm NIFA or users of the NIFA Website, or expose them to liability.
Additionally, you agree not to:
- Use the NIFA Website in any manner that could disable, overburden, damage, or impair the NIFA Website or interfere with any other party's use of the NIFA Website, including their ability to engage in real time activities through the NIFA Website.
- Use any robot, spider, or other automatic device, process, or means to access the NIFA Website for any purpose, including monitoring or copying any of the material on the NIFA Website.
- Use any manual process to monitor or copy any of the material on the NIFA Website, or for any other purpose not expressly authorized in these Terms of Use, without NIFA’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the NIFA Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the NIFA Website, the server on which the NIFA Website is stored, or any server, computer, or database connected to the NIFA Website.
- Attack the NIFA Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the NIFA Website.
- Use the NIFA Website in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage.
- Use the NIFA Website for benchmarking or competitive analysis of the NIFA Website.
- Identify us or display any portion of the NIFA Website on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights.
- Identify or refer to NIFA or the NIFA Website in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and NIFA, other than your permitted use of the NIFA Website under these Terms of Use, without NIFA’s express written consent.
4. No Offer or Solicitation of Securities. This NIFA Website may include Information related to, or referenced in offering documentation for, certain NIFA securities, such as NIFA bonds. NIFA securities may not be eligible for offer or sale in certain jurisdictions or to certain persons. Any such Information is provided for your general information only, is current only as of its specified date and does not constitute an offer to sell or a solicitation of an offer to buy securities.
5. Links to and from the NIFA Website. The NIFA Website contains links with one or more websites operated by or with respect to which content is provided by third parties. Such links are provided for your convenience only. For purposes of these Terms of Use, the term “link” includes both outlinks (hypertext links to external websites or content) and inlinks (hypertext links that draw material from other sources into the NIFA Website). NIFA has no control over any such other websites, their contents or their operators and will have no liability or responsibility arising out of or related thereto and NIFA shall not be liable for any loss or damage that arises from your use of them. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. Each of these websites maintains its own privacy and data collection policies and procedures. If you decide to access any of the third-party websites linked to this NIFA Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. Use of NIFA’s Trademarks. NIFA names, logos, designs, slogans, trademarks and service marks may not be used in any advertising, publicity or promotion or in any other commercial manner without the prior written consent of NIFA. NIFA’s corporate logo may be used as a web page link in some circumstances, provided you obtain NIFA’s prior written consent.
7. Digital Millennium Copyright Act and Infringement. NIFA respects the intellectual property of others and reserves the right, in its sole discretion, to remove, take down or delete material, content or data transmitted to NIFA by any electronic means or posted into any portion of the NIFA Website that NIFA believes may infringe on the intellectual property rights of NIFA or others.
If you believe that the NIFA Website has been used to infringe your copyrighted work, please notify NIFA as soon as the allegedly infringing activity comes to your attention. Notice should be provided to NIFA at info@nifa.org. When NIFA receives proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we will remove or disable access to the allegedly infringement material in accordance with the Digital Millennium Copyright Act.
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act (OCILLA).
8. User Content and Social Media Policy.
2022 Home Seasons Promotion Details
The NIFA Website allows users to submit, post, display, provide, or otherwise disclose, or offer in connection with your use of the NIFA Website, content, including content from or via third parties or third-party services or other websites, including but not limited to, Facebook, Twitter, YouTube, LinkedIn, and Instagram, that may interact with the NIFA Website, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any hashtags (collectively, “User Content”).
User Content may include personal information. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT. However, you specifically grant NIFA a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide right and license (but not the obligation) to use any User Content (“IP License”). The IP License includes, for example and without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in both digital and physical owned channels, and will not be limited in any way in its use or modifications to the submission, whether for commercial purposes or not, of the User Content. In certain circumstances NIFA may also share your contribution with third parties.
You are also granting NIFA a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide right and license (but not the obligation) to use your name, likeness, personality, voice, or any other materials or information you provide to NIFA in connection with your User Content.
You further grant, and you represent and warrant that you have all rights necessary to grant, NIFA an irrevocable, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, and display your User Content: (a) to maintain and provide NIFA Website to you; (b) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (c) to perform such other actions as authorized by you in connection with your use of the NIFA Website.
You understand and agree that it is your obligation to make sure the User Content you submit does not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights, and you have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties. You also understand and agree that User Content you submit must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in NIFA’s sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the NIFA Website or other sites which interact with the NIFA Website.
NIFA is not and shall not be under any obligation (a) to maintain any User Content in confidence; (b) to pay you any compensation for any User Content; (c) to credit or acknowledge you for User Content; or (d) to respond to any User Content. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts, sends, or otherwise makes available over the NIFA Website. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the NIFA Website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that NIFA shall not be liable for any damages you allege to incur as a result of or relating to any User Content. If you do not want to grant NIFA the permission set out above on these terms, please do not submit User Content.
These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.nifa.org/privacy-policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
9. Monitoring and Enforcement; Termination.
We have the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the NIFA Website or the public, or could create liability for NIFA.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the NIFA Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the NIFA Website. YOU WAIVE AND HOLD HARMLESS NIFA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE NIFA, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NIFA OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material, including User Content, before it is posted on the NIFA Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Third Party Products and Services. NIFA may, from time to time, offer or make available products and services provided by third parties (the “Third Party Services”) through or by links from the NIFA Website. Except to the extent expressly stated otherwise on the NIFA Website, NIFA has no control over any such Third Party Services. In no event will NIFA have any liability arising out of or related to the Third Party Services. Any such offer of the Third Party Services does not constitute an endorsement by NIFA of the Third Party Services or the providers thereof. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY MADE AVAILABLE BY SUCH THIRD PARTY. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY SERVICES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD PARTY WEBSITE OR SERVICE FROM THE NIFA WEBSITE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS OF USE AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES OR SITES. YOU EXPRESSLY RELIEVE NIFA FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD PARTY SERVICES.
11. Communications. If you send a message or information to the NIFA Website, you hereby grant to NIFA the right to read, use, distribute, disclose and otherwise handle the communication and any related information as NIFA deems appropriate in its sole judgment. YOU ARE HEREBY ADVISED THAT, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE ON THE NIFA WEBSITE, NO FACILITIES ARE PROVIDED AND NO PROVISIONS ARE MADE FOR SENDING OR RECEIVING CONFIDENTIAL COMMUNICATIONS. TO THE EXTENT SUCH FACILITIES ARE PROVIDED OR PROVISIONS ARE MADE, IT IS SOLELY ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED.
12. No Warranties. NIFA does not guarantee that the Information on the NIFA Website is accurate, current or suitable for any particular purpose. NIFA assumes no obligation to update or continue to post the Information. NIFA does not guarantee that access to the NIFA Website will be uninterrupted, that the NIFA Website will be free of viruses or that the NIFA Website cannot be tampered with by third parties. While NIFA has implemented security measures designed to protect most information sent to the NIFA Website, NIFA does not guarantee that information sent to the NIFA Website will not be obtained, reviewed, disclosed or tampered with by third parties.
FEDERAL LAW, SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THE NIFA WEBSITE AND THE INFORMATION RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM NIFA OR THROUGH THE NIFA WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NIFA DOES NOT WARRANT THAT THE INFORMATION ON THE NIFA WEBSITE IS ACCURATE, RELIABLE OR CORRECT, THAT THE NIFA WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE NIFA WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, BE UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THE NIFA WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE NIFA WEBSITE IS AT THE USER’S SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NIFA, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE NIFA WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THE NIFA WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF NIFA IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You shall indemnify and hold harmless NIFA, its services providers and its and their respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorney fees, arising from or relating to (a) your access and/or use of or interaction with the NIFA Website, (b) any of your acts, errors, or omissions in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information, libel, invasion of privacy, infringement of a copyright, trade name, trademark, service mark, or other intellectual property, (c) violations of these Terms of Use or your User Content, or (d) or violation of any applicable law.
13. Choice of Law; Access Restrictions. These Terms of Use are governed by the substantive laws of the State of Nebraska, excluding provisions of Nebraska law concerning choice-of-law that would result in the laws of any state other than Nebraska being applied. By using the NIFA Website, you agree to submit to the jurisdiction of the state and federal courts located in Lancaster County, Nebraska for all claims arising out of or related to these Terms of Use and Privacy Policy.
14. Supplemental Terms and Conditions. Supplemental or different terms and conditions than those set forth in these Terms of Use may be applicable to information you receive or transactions you engage in using the NIFA Website. Any such supplemental or different terms and conditions (a) will be disclosed to you, either by being posted on the NIFA Website or by being included in a separate agreement, (b) will be in addition to these Terms of Use, and (c) may, where so indicated, expressly supersede specific portions of these Terms of Use.
15. General. The provisions of these Term of Use are severable. If any such provision is determined to be unenforceable, illegal or invalid, such unenforceability, illegality or invalidity will not affect any other provision of these Terms of Use, and the Terms of Use will be construed as if such unenforceable, illegal or invalid provision had not been contained herein. No waiver by NIFA of any right under or provision of these Terms of Use will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. These Terms of Use and NIFA’s Privacy Policy constitute the sole and entire agreement between NIFA and you regarding the NIFA Website and supersedes any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
This NIFA Website is not intended to provide legal advice, and has been prepared by NIFA for informational purposes only.