You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Website and all charges related thereto.
D. E-Mail Policy
At various points in the Website, we provide visitors the opportunity to contact us via e-mail. E-mail messages are not encrypted. You acknowledge and agree that by providing ‘AmericanAg™ with any personal or confidential user information through the e-mail function, you consent to the transmission of such personal or confidential user information through the public Internet, and understand that there are risks that this information could be viewed by other parties. You agree to adhere to procedures that we may establish to enhance the safety and confidentiality of transmissions of personal data over the Internet.
E. Restrictions on Use
- You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material that (a) violates or infringes in any way upon the rights of others, (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (c) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
- You shall not: (a) post or transmit through the Website any material that contains advertising or any solicitation with respect to products or services without AmericanAg™’s express prior approval, or (b) use the Website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online services. Any conduct by you that, in AmericanAg™’s discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted.
- The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Website are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of AmericanAg™ and, where applicable, the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights in any copyrighted, trademarked, or proprietary material by accessing it through the Website.
- You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, you automatically grant, or warrant, that the owner of such material has expressly granted AmericanAg™ the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Website to access, view, store, or reproduce the material for that user’s personal use. You grant AmericanAg™ the right to edit, copy, display, publish, and distribute any material made available on the Website by you.
- Access to the Website, other than to portions open to the public, is controlled by individual passwords. Individuals shall not share their passwords with anyone else or permit their passwords to be used to provide anyone else with access to non-public portions of the Website.
- The foregoing provisions of this Section are for the benefit of AmericanAg™, its subsidiaries, affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or by AmericanAg™ on their behalf.
F. Disclaimer of Warranty; Limitation of Liability
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER AmericanAg™ ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR TOOLS PROVIDED ON THE WEBSITE SUCH AS CALCULATORS, NEWS, WEATHER INFORMATION AND MARKET DATA.
- IN NO EVENT WILL AmericanAg™ OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION: DIRECT; INDIRECT; INCIDENTAL; SPECIAL; PUNITIVE; CONSEQUENTIAL OR SIMILAR DAMAGES, SUCH AS LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. IN NO EVENT SHALL AmericanAg™’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS WEBSITE.
- THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AmericanAg™ IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
G. Copyright Infringement
AmericanAg™ respects the intellectual property rights of others, and requires that people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement, in accordance with the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(2).
All page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of AmericanAg™. All other trademarks appearing on the Website are the property of their respective owners. Unauthorized use of any trademark, service mark, or logo appearing on the Website may be a violation of federal and/or state trademark laws.
I. Monitoring; Loss of Information
J. Violations of Rules and Regulations
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth herein, including the right to block access from a particular Internet address to this Website.
L. Third-Party Content
AmericanAg™ is a distributor (and not a publisher) of content supplied by third-parties and users of the Website. Accordingly, AmericanAg™ has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers and users, are those of the respective author(s) and not of AmericanAg™. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. AmericanAg™ neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized AmericanAg™ employee spokespersons while acting in their official capacities. Notwithstanding the foregoing, AmericanAg™ reserves the right to monitor, modify, delete, and sort content supplied by third-parties.
M. Changed Terms
N. Linked Internet Sites
THE LINKS IN THIS WEBSITE WILL LET YOU LEAVE OUR WEBSITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEBSITE MAY NOT NECESSARILY REFLECT OUR OPINION. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE, OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED IN THE LINKED SITE.
O. Governing Law; General Provisions
- Information Collection, Use, and Sharing
We may collect information from you if you register on our Website or fill out a form. When registering on our Website or filling out a form, you may be asked to enter your name, company name, and/or email address. You may, however, visit our Website anonymously. If you do not wish to provide such personal data to us, you are not obligated to, but as a result you may not be able to use particular services on our Website. If personal data is collected it is primarily used to:
- Provide you with access to services or events you request or register for;
- Communicate with you about these services or events;
- Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations, including by survey research and analytics tools; and
- Detect, investigate, and prevent activities that may violate our polices, pose safety issues, or be fraudulent or illegal.
We will only use your personal information with your consent or to comply with our legal obligations or to fulfill our legitimate interests. We only keep your personal information for as long as necessary to comply with your requests or to comply with our legal obligations or fulfill our legitimate interests. We implement a variety of security measures to maintain the safety of your personal information if you provide it. We do not sell, trade, or otherwise transfer to your personal information to outside parties.
- Google Analytics
Our Website uses Google Analytics, a service which transmits Website traffic to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. AmericanAg™ does not receive individual IP addresses which are anonymized by Google Analytics. We use reports provided by Google Analytics to help us understand Website traffic and webpage usage.
- International Transfer
- Accessing, Correcting, and Deleting Your Personal Information
AmericanAg™ will take reasonable steps to accurately record the personal information, if any, you provide to us and any subsequent updates.
If applicable, AmericanAg™ encourages you to review, update, and correct the personal information that we maintain about you, and you may request that we delete personal information by contacting us through this Website (this may involve closing your account). Your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction. Your right to review, update, correct, and delete your information is subject to our records retention policies and applicable law. AmericanAg™ may ask you to verify your identity and to provide details before AmericanAg™ is able to provide you with any information, correct any inaccuracies, or delete any information.
- Privacy Statement
- Third-Party Collectors of Information
Copyright © 2021 American Agricultural Insurance Company. All rights reserved. Any rights not expressly granted herein are reserved.