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Terms and Conditions

Last Updated November 29,2023

Acceptance of Terms of Use

AgtrustACA.com and all related websites and subdomains, including all content, functionality, or services (the “Website”) is provided by AgTrust Farm Credit (“AgTrust,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website. These Terms expressly incorporate our Privacy Policy and our Privacy Policy for California Residents. Please review these Terms carefully. BY ACCESSING OR USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you are not authorized to access or use this Website.

Permission to Access and Use the Website

Provided you agree to these Terms, we grant you permission to access and use this Website for personal or internal business purposes. You may not access or use this Website for any commercial purpose without our express prior approval. We reserve the right to prevent access to the Website to you or any other user for any reason, at any time, in our sole discretion.

Other Agreements

If you have other agreements with us, the terms of those agreements continue to apply. If the terms of such other agreement(s) conflict with these Terms, the other agreement(s) shall control unless explicitly provided otherwise in the other agreement(s) or these “terms”.

Website Availability and Modifications

AgTrust will endeavor to keep the Website available and online at all times. However, from time to time our Website may be unavailable due to scheduled maintenance, service upgrades, or unscheduled service disruptions. You agree that in no event will AgTrust be liable for any loss, cost, or damage that results from any period of downtime of the Website.

We reserve the right to modify the content, functionality or features of this Website at any time and in our sole discretion.

Our Intellectual Property Rights

All content, features, and functionality of this Website, including all text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, as well as the arrangement and display thereof (the “Content”), are the sole and exclusive property of AgTrust or its licensors. The Content of this Website is protected by the copyright, trademark, and other intellectual property laws of the United States. We reserve all intellectual property rights to our Website and to the Content.

External Links

These Terms apply only to this Website. Our Website may provide links to other websites that are owned and operated by third parties. These third-party sites may have their own terms of use.

Links to third-party websites are provided on an “As Is” basis. While we do our best to provide you with helpful, trustworthy resources, we do not endorse, approve, or guarantee information, products, services, or recommendations on any third-party website. We are not responsible for any loss or damage of any sort resulting from use of any third-party website.

Prohibited Activities

You may access and use this Website only for lawful purposes and in compliance with these Terms. You agree that you will not use the Website:

  • In any way that violates any applicable local, state, or federal law, regulation, or ordinance.
  • For any purpose other than your own personal or internal business purposes, except with our express prior approval.
  • To transmit or procure transmission of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate AgTrust, any AgTrust employee, or any other person or entity.
  • To violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity rights.

Additionally, you agree that you will not do, or attempt to do, any of the following:

  • Link to any page on this Website in any way that suggests any form of association, approval, or endorsement by us or that is in any way illegal, unfair, or that damages or takes advantage of our reputation and goodwill.
  • Use any automated or manual device, process, or means to monitor or copy any material on this Website.
  • “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of this Website, our name, logo, trademarks, or proprietary information, into any other website without our express prior approval.
  • Damage, disable, or overburden our servers or network, impair or impede the operation of our Website, or interfere with someone else’s access to our Website.
  • Introduce any device, software, or routine that interferes with the working of this Website, including the introduction of any code, device, exploit, worm, virus, or other material that is malicious or technologically harmful.
  • Post or transmit any unlawful, threatening, abusive, obscene, libelous, defamatory, or offensive material, including material that is sexually explicit or that can be construed to be harassment or disparagement based on race, color, religion, disability, age, sex, or national origin.
  • Modify, adapt, decipher, translate, decompile, disassemble, edit, or reverse engineer any of the software used by us in connection with our Website, or attempt to do so.
  • Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.

Remedies and Corrective Action

We reserve the right to take any action we deem appropriate in our sole discretion with respect to violations of these Terms. We expressly reserve all rights and remedies available to AgTrust at law or in equity.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANT­ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.

We cannot and do not guarantee or warrant our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for reconstruction of any lost data.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AGTRUST OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY OF ITS CONTENT, FEATURES, OR FUNCTIONALITY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AT LAW OR IN EQUITY, EVEN IF FORESEEABLE.

YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGTRUST NOR ANY PERSON ASSOCIATED WITH AGTRUST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COM­PLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER AGTRUST NOR ANYONE ASSOCIATED WITH AGTRUST REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Sensitive Information

For general, non-urgent communications with us and to request information, you may use the form on our “Contact Us” page. You should never use this feature for time-sensitive communications or to transmit sensitive personal information such as your social security number or account-access credentials.

Indemnification

By accepting these Terms, you agree to defend, indemnify and hold harmless AgTrust, its subsidiaries, affiliates, licensors and service providers, and its and their respective officers, directors, members, employees, authorized representatives, contractors and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, or costs and expenses, including attorney fees, arising out of or related to your violation of these Terms or your access to or use of this Website.

Governing Law, Jurisdiction, and Venue

Any dispute, claim, or controversy arising out of or relating to our Website or these Terms shall be governed by the law of the state of Texas without giving effect to any choice or conflict of law provision or rule.

Jurisdiction and venue for any court proceedings arising out of or relating to our Website or these Terms shall be vested and laid exclusively in the state or federal courts sitting in Tarrant County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Nonwaiver and Severability

Any failure by us to enforce or assert any right under these Terms shall not constitute a waiver or our right to enforce or assert rights under that provision or any other provision of these Terms.

If any provision of these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Effective Date and Changes to Terms

We may revise and update these Terms from time to time in our sole discretion. When we do, we will change the “Last Updated” date at the top of these Terms. All revisions are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

You should check this page frequently so you are aware of any revisions to these Terms, as they are binding on you. Your continued use of the Website following the posting of revised Terms means you accept and agree to and will abide by the Terms as revised.