Updated: September 26, 2023
This Notice explains how the National Automated Clearing House Association (dba "Nacha") and its related groups, including this site, ("Nacha", "we", "group" or "us") collects, uses shares, processes and stores your Personal Data. This Notice applies to www.nacha.org or related websites (together the “Site”). We encourage you to read this Notice in full to understand our privacy practices before using the Site.
“Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.
By visiting the Site, you acknowledge that you have read and understood the processes and policies referred to in this Notice.
This Notice is applicable to all visitors, registered users, and all other users of nacha.org and other websites owned or controlled by Nacha or related mobile applications, who use Nacha products, resources and services and complete related forms, participate in Nacha events, or communicate with Nacha representatives.
WHO WE ARE
For the purposes of this notice, the Data Controller is the National Automated Clearing House Association, dba Nacha, registered in the state of Delaware USA with a registered address at 2550 Wasser Terrace, Suite 400, Herndon, VA 20171.
Our Legal Department is responsible for overseeing questions in relation to this Notice.
HOW TO CONTACT US
If you have any questions or concerns about this Notice, please contact us using the Contact Us section on the Site. Alternatively, you can contact us by phone at 703-561-1100, by sending an email to email@example.com, or by mail to 2550 Wasser Terrace, Suite 400, Herndon, VA 20171.
If you have a specific question on a Nacha Operating Rule, complete the Rules Information Request form and a Nacha Rules expert will respond back to you.
HOW WE COLLECT PERSONAL DATA
We collect your information in the following ways:
- From you through your use of the Site and
- From our service providers and other third-party sources, when you have been notified of such information sharing, whether pursuant to this Notice or otherwise, or when the information is publicly available.
- If you submit any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.
To learn more about your information collection choices and to opt-out of data collection, see sections below, and, for individuals located in the European Union/European Economic Area (“EU/EEA”), see also the “Your Rights” section below.
Personal Data that you give us
We may collect and process the following Personal Data:
- Contact information, which you provide when corresponding with us by phone, email or otherwise. This includes information you provide when you (i) participate in discussion boards or other social media functions on our Site; (ii) report a problem with our Site; (iii) attend an event or meeting hosted by Nacha – either as a speaker, registrant, sponsor, or exhibitor; or (iv) request information from us, including sign-up for our publications and other mailings. The information you give us may include your name, address, email address, phone number and other types of information described below.
- Membership information, When you apply to become a member of Nacha or any of Nacha’s groups or if you sign up to become a registered user of the Site, we will ask you for information, such as your first and last name, email address, title, organization name, organization address, phone number, web address, and payment details (if applicable). We may also request that you voluntarily provide other information, such as your demographic information, social media handles, certifications and/or additional personal information about you or your organization. You may be asked to confirm enrollment or your identity by entering a User ID and password, clicking on “acceptance buttons,” or other methods to verify your identity.
- Dues payment information, including financial information such as ACH and credit/debit card and account numbers used to register or renew your membership or subscription.
- Purchase information, relating to purchases made by members and nonmembers of event participation, publications, and education opportunities either in person or via our Site. Purchase information will include financial information as well as information concerning the content and time of the purchase.
- Certification information, relating to certification or accreditation programs, in which members and nonmembers are granted certification or accreditation if they meet specified educational/employment experience requirements and/or pass an exam. This may include extensive information about the experience/performance of those certified or accredited. Where the certification or accreditation concerns institutions or businesses, this may include similar information identifying employees and other members of staff including volunteers.
Personal Data we automatically collect from you
We, or our service providers, may also collect Personal Data about you through your use of the Site. This information includes online activity information and technical information about your usage activities.
With regard to each of your visits to the Site we will automatically collect the following information:
- Information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Location Information in connection with services offered via web browser and mobile applications.
We collect information that is sent to us automatically by your web browser and we may use this information to generate aggregate statistics about visitors to our Site, including, without limitation:
- IP addresses
- Browser type and plug-in details
- Device type (e.g., desktop, laptop, tablet, phone, etc.)
- Operating system
- Local time zone
We use third-party service providers to collect usage analytics and to set and track cookies on our behalf. Cookies are pieces of information stored directly on the device you are using. Cookies allow us to recognize your device and to collect information such as internet browser type, time spent using Site, and pages visited. This helps us to provide you with a good experience when you browse the Site and also allows us to improve the Site. Cookies further allow us to present to you the information that will most likely to appeal to you based on your activity and preferences. You can refuse to accept the cookies we use by adjusting your browser settings. However, if you do not accept these cookies, you may affect your use of the Site and ability to access certain features of the Site. Each device and each browser is a little different, so look at your device Settings or your browser Help menu to learn the correct way to modify your cookies. Please note that you will need to manage your cookie settings for each device and browser that you use.
Personal Data We Collect From Others
In addition to information we collect from you, we may receive your Personal Data from our third-party service providers, such as our payment processors, other members in our group, and regional payment associations. We also may receive your information from third parties that you have permitted to release to us. We may receive information about you from publicly available sources, such as from social media platforms.
The Site may include links to third-party websites and social media and podcast services where you will be able to share personal data, post comments, stories, reviews, or other information outside of Nacha’s control. These links are made available to you as a convenience, and you agree to use these links at your own risk. These other third-party websites may send their own cookies to you, log your IP address and otherwise collect data or solicit personal information. NACHA DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEB SITE FOR FURTHER INFORMATION.
HOW WE USE YOUR PERSONAL DATA
We use your Personal Data in connection with the provision of the Site to you. In particular, your Personal Data may be used by us, our employees and our service providers for the purposes described below. For individuals in the EU/EEA, for each of these purposes, we have also set out the legal basis on which we use your Personal Data.
Your Personal Data may be used by us for the following purposes:
- to carry out our obligations arising from your membership in Nacha or one of our groups or any other contract entered into between you and us and to provide you with the information, products and membership services that you request from us;
- to inform of events - including conferences, educational opportunities, and meetings - that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of the event, the speakers, sponsors and other attendees;
- to provide data from your registrant profile including first and last name, company, address, and email if you allow your registrant badge to be scanned at exhibit booths;
- to provide data from your registrant profile including first and last name, company, address, and email in. a post-conference attendee list that Nacha shares with exhibitors, sponsors and media partners for one-time use;
- to provide our newsletter and other publications, provided you have given your consent;
- to respond to your questions and provide related membership services;
- to provide you with information about other events, products, services, resources and content we offer that are similar to those that you have already purchased and or/downloaded, provided you have not opted-out of receiving that information;
- to provide you, or permit selected third parties to provide you, with information about events, products or services we feel may interest you, provided you have given your consent;
- to transfer your information as part of a merger or sale of the business;
- to notify you about changes to our membership service; and
- to ensure that content from our Site is presented most effectively for you and your computer;
- as required by law or to comply with legal process served upon us;
- to protect or defend our legal rights or property, this website, or our users;
- to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of the terms and conditions for using our Site; and
- to resolve customer disputes or inquiries.
We may use your information to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our Site to ensure that content is presented most effectively for you and your computer; as part of our efforts to keep our Site safe and secure; to measure or understand the effectiveness of content/resources and/or advertising we serve to you and others, and to deliver relevant information and advertising to you; and to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them. We may also use your information, including Personal Data, to comply with legal obligations, to prevent or investigate fraud or other unlawful activity, and to protect the security and integrity of the Site and other systems.
Our Legal Bases
For Personal Data that is subject to privacy laws, when we are acting as the data controller, our legal basis for collecting and using your Personal Data for the purposes set forth above, except where we state otherwise is the processing is necessary for the performance of a contract to which you are a party, including at attendance or participation in a Nacha event; we are required by law; or processing is necessary for the purposes of our legitimate business interests, except where such interests are overridden by your rights and interests. In certain circumstances, when you have provided your consent which can be withdrawn at any time.
Where we rely on our legitimate business interests or those legitimate interests of a third party to justify the purposes for using your personal information, this will include:
- pursuit of our commercial activities and objectives, or those of a third party;
- compliance with applicable legal and regulatory obligations and any codes of conduct;
- improvement and development of our business operations and service offering, or those of a third party; or
- protection of our business, shareholders, employees and customers, or those of a third party.
WHEN WE SHARE AND WHO CAN ACCESS YOUR PERSONAL DATA
Unless you have opted out of having your badge scanned for lead retrieval at an event, we may share your Personal Data for the purposes described in this Notice with:
- a member of our group;
- registered event attendees, sponsors, and exhibitors, if you are an attendee, speaker, sponsor or exhibitor of a Nacha-sponsored event;
- Nacha webinar partners if you are attending a webinar and have opted-in to having your information provided to the Host;
- partners, suppliers and sub-contractors, for the performance of Nacha’s obligations arising from your membership in Nacha or one of its groups, participation in a Nacha event, or any other contract we enter into with you or to provide you with the information, products and membership services that you request from us;
- analytics and search engine providers that assist us in the improvement and optimization of our Site;
- trusted third-party companies and individuals to help us provide, analyze, and improve the Site and our membership services (including but not limited to data storage, maintenance services, database management, web analytics and payment processing);
- in the event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets;
- if Nacha or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets;
- if we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, including for purposes of court order.
SELLING YOUR PERSONAL DATA
We will never sell or rent your Personal Data to third parties. We do provide the contact information for in-person and virtual event attendees to exhibitors and sponsors at Nacha’s in-person and virtual events; however, in-person and virtual events attendees have the option of opting out of this distribution of their contact information.
Our policies and procedures limit access to your personal information to those with a business reason to know such information.
Your privacy is very important to Nacha and we are committed to protecting your personal information from unauthorized access, loss, misuse or alterations. We will use reasonable organizational, physical, technical and administrative measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” on our Site or contacting us at firstname.lastname@example.org.
Access to your nonpublic personally identifiable financial information is limited, through password protection devices and physical safeguards, to authorized employees as necessary to perform the requested transaction. We reveal only partial digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. However, we cannot guarantee the confidentiality or security of your browser or any communication transmitted or accessible over the Internet. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
TRANSFER OF PERSONAL DATA OUTSIDE OF THE EU/EEA AND INTERNATIONAL USERS
We are headquartered in the United States. Your Personal Data may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Site from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. The United States has not received an “adequacy decision” from the European Commission, which means that the data protection laws of the United States may not offer the same protections as the country in which you reside when you provide information to us. If we transfer personal information outside the EU/EEA, we will implement appropriate and suitable safeguards to protect such data as required by applicable data protection law.
HOW LONG WE STORE YOUR PERSONAL DATA
We will retain your information for as long as your account is active, or as needed to provide you with access to our Site, or as required by law. If you wish to cancel your account or request that we no longer use your information to provide you service, you may contact us by using the Contact Us section on our Site or contacting us at email@example.com.
WHERE WE STORE YOUR PERSONAL DATA
The Personal Data that you provide to us is generally stored in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Site, it will be transferred to our servers in the United States. For more information, see “Transfer of Personal Data Outside the EU/EEA and International Users” above.
DO-NOt-track disclosure; third-party tracking
Certain mechanisms may allow you to send web browser signals, known as “Do Not Track” signals, indicating your choice to disable tracking on the Site. There is no industry standard for how Do Not Track consumer browser settings should work on commercial websites. Due to the lack of such standards our websites do not respond to browser do not track signals at this time.
Third parties, other than our service providers (such as our Site analytics provider), do not have our permission to track which Site you visited prior to and after visiting the Site. That said, we cannot control third-party tracking and there may be some third-party tracking that occurs without our knowledge or consent.
Occasionally, you may encounter banner advertisements for our products and services on third-party websites. We use third-party advertising service providers to distribute our advertisements on websites where we have paid to advertise. These advertisements may use tracking technologies to capture information such as IP address, browser type and usage information in order to track the effectiveness of our advertising efforts. Such tracking technologies do not capture personal information about you, and our advertising service providers are prohibited from using any information collected except to track advertising effectiveness.
Our Site is not directed to children under the age of 13. If you are not 13 years or older, do not use our Site. We do not knowingly collect Personal Data from children under the age of 13. If we learn that Personal Data of persons less than 13 years of age has been collected through our Site, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Data to our Site without your consent, then you may alert us at firstname.lastname@example.org so that we may take appropriate action to remove the minor's Personal Data from our systems.
Correction and removal
If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by visiting Nacha.org, or contacting us at email@example.com. Please note that we may not be able to update or correct your personal information previously provided to us by third parties.
As mentioned above, we may use your Personal Data to contact and correspond with you and to respond to your inquiries. If you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, by visiting your Nacha email preferences page available through your user profile, or by sending a message to us at firstname.lastname@example.org.
Combatting Unethical Behavior
Nacha encourages the prompt reporting of all perceived incidents of unethical behavior by its employees or representatives so that immediate action can be taken, if appropriate. Individuals who believe they have been the victim by Nacha or any of its representatives should confidentially submit an email to EthicsHotline@nacha.org.
Any reported allegations will be investigated promptly.
Nacha will maintain confidentiality to the extent consistent with appropriate investigation and corrective action.
Retaliation against an individual for reporting unethical behavior is a serious violation and is strictly prohibited. Acts of retaliation should be reported immediately and will be promptly addressed.
CHANGES TO THIS NOTICE
We reserve the right to modify this Notice at any time. Any changes we make to this Notice in the future will be posted on this page and, where appropriate, notification sent to you by email. Please check back frequently to see any updates or changes to this Notice.
Terms and Conditions of Use
Updated: March 3, 2023
2. Ownership and Copyright
The entire contents of this Site are copyrighted, unless otherwise indicated, by Nacha. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written agreement of Nacha or as indicated below. Users of this Site may download/print pages or other content for their personal, noncommercial use on a single computer.
The Nacha logo, and the look and feel of the Site, including all graphics, icons, scripts, page headers, and layouts, are registered and/or common law trademarks and/or trade dress of Nacha, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nacha.
All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nacha.
4. Limited License
Notwithstanding the foregoing, the limited license set forth above shall not apply to the extent inconsistent with any other rule or policy of Nacha’s groups governing the access to or use of the Member Areas of the Site and any Content provided or accessible therein, and the rules and policies applicable to Members and to the Membership Areas of the Site shall govern such access and usage and shall control in the event of any inconsistency with these Terms and Use.
You may not use any registered or common law trademark or service mark of Nacha or any logo or other proprietary graphic of Nacha to link to the Site without the express written permission of Nacha. Further, you may not frame or utilize framing techniques to enclose any Site Content or any Nacha trademark, service mark, logo or other proprietary information, without Nacha’s express written consent.
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Nacha does not monitor or control and makes no claim or representation regarding Third-Party Content or Third-Party Sites. Nacha provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Nacha endorsement or affiliation. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Use of Discussion Forums, Bulletin Boards, and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, or other methods by which you or third parties may post messages, images, or other information on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.;
c. Content that may infringe any patent, trademark, service mark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content that, in the sole judgment of Nacha, is objectionable or that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or that may expose Nacha or its affiliates or its users to any harm or liability of any sort.
Nacha assumes no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nacha liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Nacha is not liable for any statements, representations or other Content provided by its users in any Interactive Area, nor do such statements, representations or other Content represent the views of Nacha. Although Nacha has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Nacha reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason.
8. Rights to User Content
Content submitted by users is not confidential and Nacha is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Nacha reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Nacha shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or
updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Nacha or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Nacha, and its licensees, successors and assigns, from any claims that you could otherwise assert against Nacha by virtue of any such moral rights.
9. Termination/Modification of License and Site Offerings
10. Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Nacha, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Nacha.
11. WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING, THE SITE, THE SITE CONTENT AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NACHA SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, AND CONTENT ON THE SITE. NACHA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, OR CURRENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
WHILE NACHA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, NACHA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO SELECT, PURCHASE, AND USE SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
12. LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST NACHA, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, OR THE SITE CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT NACHA HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER NACHA NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM NACHA OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NACHA’S RECORDS, PROGRAMS OR SERVICES. THE FOREGOING APPLIES EVEN IF NACHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NACHA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NACHA FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Applicable Law and Venue
The Agreement is governed by the laws of the Commonwealth of Virginia without regard to its conflicts of law principles. You agree that any claims you may have against Nacha arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Virginia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, covenant not to assert any objection to proceeding in such courts, and you expressly waive any right to proceed in any other court.