headerUrl

FEDERAL HOME LOAN BANK OF DALLAS

 

AHP Terms and Conditions



Affordable Housing Program Application Site
Terms and Conditions


These Affordable Housing Program Application Site Terms and Conditions ("Terms") are effective for each registered User ("Users"; "you" or "your") of the Federal Home Loan Bank of Dallas ("FHLBank of Dallas"; "we"; "our" or "us") Affordable Housing Program Application site (the "Application Site"). 

The Affordable Housing Program ("AHP") offered by FHLBank of Dallas is governed by various agreements among FHLBank of Dallas, its members and AHP project sponsors.  In the event of conflict between these Terms and any other agreement, these Terms shall control.  

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH FHLBANK OF DALLAS OFFERS YOU ACCESS TO THE APPLICATION SITE.

By accessing the Application Site, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in both these Terms and the Privacy Policy available on the FHLBank of Dallas Web Applications homepage (as amended, restated, or otherwise modified from time to time, the "Privacy Policy"), which include those terms and conditions expressly set out below and those incorporated by reference.  If you do not agree to be bound by the terms and conditions in these Terms, you may not access or otherwise use the Application Site.

FHLBank of Dallas may amend these Terms and the Privacy Policy at any time by posting the amended terms on our web site or by other means of distribution as we may choose.  Except as stated below, all amended terms shall automatically be effective 10 days after they are initially posted on the FHLBank of Dallas Web Applications homepage.  Your accessing of the Application Site on or after the effective date of any amendments constitutes acceptance of the amendments, whether or not you had actual knowledge of a specific amendment. Except as otherwise provided herein, these Terms and the Privacy Policy may not be amended by a User except in writing signed by FHLBank of Dallas and the User.

1.    Operation of the Application Site.

The Application Site allows FHLBank of Dallas members and AHP project sponsors to complete and submit AHP applications ("Applications").  The Application Site is intended not only to collect the basis data for the Application, but also to assist the User in verifying and validating scoring parameters, validating the data and reviewing certain feasibility issues. Only members of FHLBank of Dallas and AHP project sponsors are permitted access to the Application Site.

The Application Site allows Users to tell FHLBank of Dallas about the nature of the User's proposed affordable-housing development. In addition, the Application Site provides guidance as to how an Application will be scored against the established scoring criteria. Please keep in mind, however, that in each round of the AHP, each Application is scored relative to every other Application in the round. It is not possible to predict in advance of the scoring of all Applications whether or not an individual Application will be successful in securing AHP funding. 

2.    Technical Requirements.

FHLBank of Dallas recommends that each User have Internet access via a minimum of 56.6 kbs modem connection and requires the use of a Secure Sockets Layer-capable browser such as Microsoft Explorer 5.5 or higher or Netscape Navigator 7.0 or higher.  We cannot guarantee access to the Application Site by mobile communication devices.  

3.    Access to the Application Site.

The Application Site is available only to members and AHP project sponsors of FHLBank of Dallas who accept all of the terms and conditions of these Terms. For Users who are members of FHLBank of Dallas, User's employees listed on an Advances signature card on file with FHLBank of Dallas or who have been designated by the member as a Grant Authorized User are deemed to have the necessary authorization to act on behalf of the User in connection with the completion and submission of an Application. 

The Application Site is available twenty-four hours a day during the open application period(s). Please refer to the Affordable Housing Implementation Plan for the specific starting and ending date(s) of the open application period(s). However, we retain the right to make the Application Site unavailable from time to time for any reason.  You agree that we shall not be liable for any damages arising from any interruption, suspension or termination of the Application Site.  In particular, and without limiting the foregoing, we shall not be liable for any special, incidental, or consequential damages or loss of business due to the unavailability of the Application Site.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application Site (or any parts thereof) with or without notice.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application Site.

4.     Information.

4.1.    Definition.  "Your Information" is defined as any information you provide to us in the Application. You are solely responsible for Your Information, and we act only as a passive conduit for the submission of Your Information in the Application.

4.2.    Restricted Activities.  Your Information, your activities on the Application Site and your completion and submission of the Application shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, anti-discrimination, or the use of a computer, the Internet or a telecommunications device to annoy, abuse, threaten or harass any person who receives the communications); (e) be defamatory, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (h) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or any other entities through or by which the Application Site is made available to you or any other User.

4.3.    License.  Solely to enable FHLB Dallas to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant FHLBank of Dallas a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or hereinafter invented.  FHLBank of Dallas will only use Your Information in connection with the operation of the Application Site and in connection with its review of an Application and in accordance with our Privacy Policy.

4.4.    No Liability.  Under no circumstances will we be liable in any way for any of Your Information, including, but not limited to, any errors or omissions in any of Your Information, or for any loss or damage of any kind incurred as a result of the use of any of Your Information transmitted through the Application Site.

5.    Prohibited Activities; Confidentiality.

5.1.    No Tampering.  The FHLBank of Dallas web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission.  You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Application Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

5.2.    Manipulation.  Users may not manipulate, interfere with, delete or otherwise modify another User's Application.  

5.3.    Fraud.  Without limiting any other remedies, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Application Site, FHLBank of Dallas in its sole discretion may (a) suspend or terminate your access to the Application Site, (b) delete any Applications you have pending on the Application Site and/or (c) suspend or debar you from participation in AHP.

5.4.    Prohibition on Use of Proprietary Information.  Much of the information on the Application Site is updated on a real time basis and is proprietary or is licensed or sublicensed to FHLBank of Dallas by our Users or third parties.  You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior written permission of FHLBank of Dallas or the appropriate third party.  You further agree not to disclose or publicly display any proprietary information about other Users available through the Application Site.  FHLBank of Dallas owns the Application Site and the Application and owns or licenses all intellectual property rights included in or related to the Application Site and the Application (including but not limited to copyrights, trademarks and service marks), and all right, title and interest in the Application Site and the Application, and such intellectual property rights, remain our property.

5.5.    Passwords.  Users are responsible for ensuring that they maintain the confidentiality of their passwords and account designations.  Users are responsible for all activities on the Application Site that occur under such passwords and account designations.  Each User accepts responsibility for unauthorized access to the Application Site and to any Application by its employees or any third parties using codes, passwords, certificates or other security mechanisms assigned to an authorized User.  

6.    Breach of Terms and Conditions.

Without limiting other remedies, we may immediately remove any Applications you have pending on the Application Site, issue a notice or warning, temporarily or indefinitely suspending or terminating your User access to the Application Site, refuse to provide our services to you and suspend or debar you from participation in AHP if: (a) you breach the terms and conditions of these Terms or the documents they incorporate by reference; (b) we are unable, in our sole discretion, to verify or authenticate any information you provide to us in an Application or otherwise; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users or us.

The following types of actions are cause for immediate removal, without notice by us, of any pending Applications, warning and/or suspension from the Application Site.  Other inappropriate actions not listed below may also warrant removal of pending Applications and/or suspension from the Application Site.

  • Posting material containing profanity, vulgarity, hate speech, or threats of violence.
  • Posting material (graphic or text) that is obscene, pornographic or adult in nature.
  • Using JavaScript, active or other coding, making repetitive posts, or other actions that interfere with site operations.
  • Posting material with the intent to impersonate FHLBank of Dallas staff, another member or AHP project sponsor through the use of similar IDs or any other method or device.
  • Encouraging others to violate FHLBank of Dallas policies or these Terms.
  • Refusing to follow FHLB Dallas staff instruction or direction.
  • Posting material that in any way violates these Terms.
  • Posting copyrighted items or trademarks without the permission of the copyright or trademark owner.

FHLBank of Dallas may suspend any User from the Application Site that has been previously warned of Application Site policy violations, though we reserve the right to suspend a User's use of and access to the Application Site immediately depending on the violation.  Suspensions may range from one AHP funding round to suspension or debarment from participation in AHP.  A suspension of one access ID will apply to all access IDs of that User.  The use of false registration information or creating multiple accounts for use on the Application Site for the purpose of disruption or to avoid detection or to otherwise circumvent the provisions of these Terms may result in permanent suspension of all associated IDs and may result in suspension or debarment from participation in AHP.

7.    Privacy.

We view protection of our Users' privacy as a very important principle.  We understand that you and Your Information are important assets of ours.  We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices.  Our current Privacy Policy is available on the FHLBank of Dallas Web Applications homepage.

8.    No Warranty.

THE APPLICATION SITE, OUR WEB SITE AND SERVICES INCLUDING ALL CONTENT, SOFTWARE AND INFORMATION MADE AVAILABLE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  NEITHER FHLBANK OF DALLAS, ITS DIRECTORS, OFFICERS, ITS EMPLOYEES NOR ITS AGENTS MAKE ANY REPRESENTATION OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OF THE APPLICATION SITE, OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE USED ON THE APPLICATION SITE.  FHLBANK OF DALLAS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND ITS AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FHLBANK OF DALLAS DOES NOT REPRESENT OR WARRANT THAT A USER'S ACCESS WILL BE UNINTERRUPTED OR THAT MATERIAL ACCESSIBLE FROM THE APPLICATION SITE IS FREE OF VIRUSES.  
WE DO NOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, OR ALTERATION OF, OR IMPROPER ACCESS TO, INFORMATION TRANSMITTED TO OR FROM THE APPLICATION SITE OR TO THE CONTENTS OF THE APPLICATION SITE.  WE DO NOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA TRANSMITED TO OR FROM THE APPLICATION SITE OR MAINTAINED ON THE APPLICATION SITE.

9.    Liability Limit.

IN NO EVENT SHALL FHLBANK OF DALLAS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR APPLICATION SITE, OUR SERVICES OR THESE TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

 

(a)   the use or inability to use the Application Site, or your reliance on the Application Site;
(b)   mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Application Site;
(c)   the termination of your access to the Application Site pursuant to these Terms;
(d) the removal of any pending Applications from the Application Site pursuant to these Terms;

(e)   your suspension or debarment from participation in AHP pursuant to these Terms;

(f)   unauthorized access to or alteration of your transmission or data; or
(g)   any government restriction, strike, war, natural disaster or force majeure, or any other condition beyond our reasonable control.


OUR LIABILITY, AND THE LIABILITY OF OUR DIRECTORS, OFFICERS AND EMPLOYEES AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.  

SOME JURISIDCTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10.    Indemnity.

You agree to indemnify and hold FHLBank of Dallas and (as applicable) its officers, directors, agents, and employees, harmless against all liabilities, costs, expenses, claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Application Site, your violation of the terms and conditions of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third party.

11.    Legal Compliance.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Application Site.

12.    Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Federal Home Loan Bank of Dallas, P.O. Box 619026, Dallas, Texas 75261-9026 (in the case of FHLBank of Dallas) or to the email address you provide to FHLBank of Dallas during your registration.  Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address maintained by FHLBank of Dallas in our databases.  In such case, notice shall be deemed given 3 days after the date of mailing.

13.    General.

These Terms shall be governed in all respects by the laws of the United States and the State of Texas as applicable.  We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Application Site may be interfered with by numerous factors outside of our control.  If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.  Sections 4.3 (License), 5 (Prohibited Activities; Confidentiality), 9 (Liability Limit), and 10 (Indemnity) shall survive any termination or expiration of these Terms or any other agreement with respect to or governing the use of the Application Site by which any User is bound.