Terms of Use for Digital Platforms

READ THE FOLLOWING AGREEMENT AND TERMS OF USE CAREFULLY.

THIS AGREEMENT AND THE TERMS OF USE SET FORTH BELOW (“TERMS OF USE”) GOVERN THE USE OF THE DIGITAL PLATFORMS OF FARM CREDIT SERVICES OF AMERICA® AND FRONTIER FARM CREDIT®;, INCLUDING THE DIGITAL PLATFORMS SERVICED BY THE AGDIRECT® TEAM AT FARM CREDIT SERVICES OF AMERICA.

BY ACCESSING AND UTILIZING THE DIGITAL PLATFORMS, YOU ARE CONFIRMING TO THAT YOU HAVE REVIEWED AND AGREED TO THESE TERMS OF USE.

Products and services offered by Farm Credit Services of America and Frontier Farm Credit are subject to applicable credit approval and eligibility determinations. (See “Transactions and Account Agreements” below.)

Definitions

The following definitions and references apply to these Terms of Use:

“You” and “Your ” refer to the person accessing Platforms and primarily liable or responsible for any accounts, loans, or services with the Association.
The “Associations” means Farm Credit Services of America, ACA, Frontier Farm Credit, ACA, and their subsidiaries or affiliates, all jointly managed and operated corporations, and includes the AgDirect team at Farm Credit Services of America.
“Platform” or “Platforms” means all online or mobile applications providing access to current or future products, services, of the Associations you may access or by which you submit Your account, financial, insurance, or other data and information using Your personal computer, tablet computer, mobile phone, or other internet capable device.
“Authorized User” means a user of the Platforms whom You invite to access the Platforms and otherwise allow access to Your accounts.
“Login” is the username and password used to access any Online Application or Platform.

Scope of License

These Terms of Use grant to You a license for the use of the Platforms, which is a limited, non-transferable right granted to use and access products and services offered and/or serviced by the Associations on a device, mobile or otherwise, which You own or control. You may not distribute or make Platforms available over a network where the Platforms may be used by multiple devices at the same time.

Use of the Platforms

By using any Platform, You agree to: (1) use the Platforms only for (i) your own personal or business operations, or (ii) in connection with such operations for which you have been granted proper access by an authorized representative of such personal accounts or business operations; and, (2) comply with any user requirements and security procedures that the Association provides to You or are required to access a Platform.

Platforms are generally available 24 hours a day, seven days a week, except during special maintenance periods; however, the Associations do not guarantee that the Platforms will be available for any specific time periods.

Certain Platforms are provided for illustrative purposes only. You acknowledge that results of Your use of these Platforms and any functions within the Platforms are to provide general information only. Financial calculators or similar Platforms will round numbers to the nearest dollar amount and interest is generally calculated on a 360-day year basis, unless indicated otherwise within the Platform.

Access to Platforms

You may only gain access to the Associations’ Platforms with Your internet-enabled device through Your internet service provider using identity verification and/or authentication processes required by the Association. Access to the Platforms may involve security processes of third party service providers or makers of internet enabled devices. Such processes may also involve You providing Personal Information. Any Personal Information you provide to a third party shall be governed the privacy statement or policies of such third parties. See the Associations’ Privacy, Security Data Use and Permissions below which govern the Associations’ use of your Personal Information. Be aware that Your use of the Platforms may make you subject to message or data rates charged by your internet or other service providers. Downloading or installation of the Platforms using a mobile device may subject You to usage rules or other agreements related to such providers.

You agree to protect and keep confidential any account numbers, PINs, user IDs, passwords, or other information necessary to access the Platforms. You are responsible for any loss incurred due to Your failure to protect such items.

You may not distribute or make a Platform available over a network where it could be used by multiple mobile or other devices at the same time.

Authorized Users

You may provide permission to other individuals as an Authorized User to access to some or all of the Platforms. Such access may be initiated using Authorized User features within the Platforms or by completing a written authorization form provided by and delivered to the Association. You should not share Your Login information with any persons, including Your Authorized Users. Authorized Users will be provided or establish their own Login information. You may designate specific access rights utilizing features within the Platforms. You are solely responsible for the actions of any Authorized User accessing the Platforms on Your behalf regardless of any other authorizations You may have made or provided to the Association concerning access to Your account(s) and the funds in Your account(s). Depending upon the access rights You grant to an Authorized User, Authorized Users may view account balances and transactions, make payments on accounts, make disbursements from accounts, perform account maintenance, view, and create financial statements, review and modify insurance information, and such other actions as You authorize. You acknowledge any risks that may be created by granting access to Authorized Users and assume responsibility for any actions taken by Authorized Users. All Authorized Users shall be subject to, must comply, and are bound by these Terms of Use.

Termination of Access

The Associations may terminate Your use or access, or the use or access of Your Authorized Users, at any time and without further notice. If You choose to cancel access to the Platforms or other online access or any rights thereto with respect any Authorized User, You must contact the Associations by calling 1-877-348-3810 or calling our AgDirect Team at 866-507-6555.

Email

You are responsible for providing the Association with a valid email address and You should use the Association’s Secure Email for all email communications. If You send an email to the Association or any employee, agent or other representative of the Association, no action will be taken with respect to the email until the Association actually receives the email and has a reasonable opportunity to react. The Associations may respond to You by email with regard to any matter related to Platforms, including responding to any claim of an unauthorized transaction. Any such email sent to You by the Association is considered received within three (3) days of the date sent by the Association, regardless of whether or not You sign on to Platforms, within that time frame. You should not rely on email if You need to communicate with the Association immediately; such as, if You need to report an unauthorized transaction on Your account or if You need to stop a transaction scheduled to occur.

SMS/MMS Communications

Some Platforms may make available automated SMS/MMS (short message service or multimedia messaging service) functionality. When you utilize SMS/MMS functions, you agree that representatives of the Associations’ may contact you via such functionality. Third party fees may apply to the use of SMS/MMS functionality. You may reply “STOP” to end all use of the functionality or “HELP” for more assistance by an Association representative.

Account Information

Account information and data provided to you on the Platforms, including account balances and records of transactions, are provided as a convenience and is not the official record of Your account(s) or account activity. Amounts shown through a Platform are estimates only. Your account statement furnished to You, either in paper format or electronically, will remain the official record. Information on the Platforms is updated regularly but is subject to adjustment and correction and may be relied upon by You.

Account Agreements

In addition to these Terms of Use, all transactions You or Your Authorized Users instigate through a Platform shall be governed by any separate account agreements, promissory notes, or similar agreements You have entered into with the Association. You agree to repay all of Your obligations to the Association as set forth in such agreements, and you understand that Your use of the Platforms does not change the terms and conditions of any such agreements. If these Terms of Use conflict with any such separate agreements, then the other agreement will control. The Association has no obligation to execute transactions requested through the Platforms by You or Authorized Users if such transaction would result in any indebtedness of You being in excess of the Association’s approved commitments to You.

Accuracy of Your Information

You are responsible for the completeness, truth, accuracy, correctness and suitability of information You or any Authorized Users provide, or a third party provides on Your behalf, to the Associations. The Associations have no obligation to determine whether any such information is accurate, even if the Associations may have reason to know or suspect that certain information may not be accurate. The Associations may rely without question on all such information. The Associations are not liable for problems resulting from inaccurate information, or discrepancies between the account and policy holder names and account numbers You or any Authorized User provides or a third party provides on Your behalf. As a convenience to You, the Association may obtain the external financial institution’s routing number, but the Association has no liability for any inaccurate information the Association obtains on Your behalf.

Information Changes

You agree that You will notify the Associations immediately in the event of a change to Your Personal Information, including address or email changes. Changes may be initiated if You or any Authorized User instructs the Associations to change Your Personal Information. The Associations may act on any change purportedly made by You or any Authorized User on Your behalf within a reasonable time. In addition to making changes to Your Personal Information within a Platform, You may call the Association at 1-877-348-3810 to make any changes to Your Personal Information. You may also contact our AgDirect Team at 866-507-6555.

Transactions and Authorizations

You hereby authorize electronic transactions from Your account(s) with any external financial institution involved in transactions You or Your Authorized User initiate using the Platforms. The Association is not responsible for an incoming transaction from an external financial institution until settlement takes place and the external financial institution provides proper account information allowing the Association to properly post transactions to Your account(s). If the Association’s records about a transaction are different from Your records or those of another financial institution, the records of the Association will be controlling. The Association shall make reasonable commercial efforts to complete Your transactions, but results are not guaranteed.

The Association’s business days are Monday through Friday, excluding holidays. All transactions through the Platforms received after 3 p.m. CT on business days and on Saturdays, Sundays, or holidays on which the Association chooses to remain closed, are processed on the next business day. The Association’s business day begins at 8 a.m. CT. If the online session during which You initiate or schedule a transaction before 3:00 p.m. CT, the Association shall be considered to have received the transaction on that day. Otherwise, the transaction shall be considered received on the following business day. Confirmation of the timing of all transactions shall be conclusively determined as recorded by the Association’s technical systems.

Transaction Errors and Questions

In case of errors or questions regarding transactions, contact the local office of the Associations with whom you normally communicate, or You may call the Association at 1-877-348-3810 or our AgDirect Team at 866-507-6555. The Associations have no obligation to detect errors in any of the information You or Your Authorized Users provide in the Platforms (i.e., an erroneous payment to a third party not intended by You or an erroneous duplicate of a payment previously sent by You). Should the Association detect an error on one or more occasions and notify You of such error(s), such action does not obligate the Association to detect errors in the future.

Transaction Deadlines and Unauthorized Transactions

You should be aware that information for certain transactions must be received timely to be recorded and effective on a specific business day, including Remote Deposit, Wires, ACH transactions and account transfers.

You agree to exercise ordinary care to determine whether a transaction is completed timely and/or was either erroneous or not authorized. In the event You want to dispute any transaction, You agree to notify the Associations of the facts within a reasonable time, not exceeding thirty (30) days after the earlier of the date You receive notice of the transaction or the date of the transaction.

You should contact the Association for information on transaction deadlines.

CONTACT THE ASSOCIATION AT ONCE if You believe any portion of Your login credentials or other personal information has been lost, stolen or misused.

Telephone the Association at 877-348-3810 or our AgDirect Team at 866-507-6555, which are the best ways to address these matters.

Remote Deposit

The following terms apply to Your use of the Associations’ Remote Deposit service.

Remote Deposit: The Remote Deposit is a Platform designed to allow You to apply payments (or make deposits) to Your line of credit from home or other remote locations by scanning or photographing your checks and electronically transmitting a digital image of Your paper checks to the Association or its designated processer.
Eligible Items: You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC. For this purpose, a “check” (as defined in Regulation CC) means a negotiable demand draft that is drawn on:

Or payable through or at an office of a bank;
A Federal Reserve Bank or a Federal Home Loan Bank;
The Treasury of the United States; or
A state or local government that is not payable through or at a bank.

Prohibited Checks: You agree that you will not scan and deposit any of the following types of checks or other items using Remote Deposit:

Third-party checks, i.e., any check payable to any personal or entity other than You;
Checks drawn on the same account in which the deposit is being made;
Checks containing evidence of alteration to the information on the check;
Checks previously converted to a “substitute check,” as defined in Regulation CC;
Checks drawn on a financial institution located outside the United States;
Checks previously cashed or deposited. Including items returned as “nonsufficient funds;”
Checks dated more than six (6) months prior to the date of deposit;
Checks that are irregular in any way; or
Checks with any endorsement on the back other than that specified below.

Image Quality: The image of an item transmitted to the Association use Remote Deposit must be legible. The image quality of the items must comply with the requirements established from time by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
Endorsements of Checks: You agree to properly endorse each check prior to submitting such check through the use of the Remote Deposit Platform. Checks received without the proper endorsement may be refused until the endorsement is competed as required. You will be responsible for any loss incurred by the Associations from attempted deposit of the same check at other financial institutions, delays, processing errors resulting from an irregular endorsement, or any other improper endorsement of the check.
Receipt of Items: The Associations reserve the right to reject any item transmitted through Remote Deposit, at the Associations’ discretion, without liability to You. The Associations are not responsible for items that are not received or for images that are dropped during transmission. The Associations further reserve the right to charge back to Your account, at any time, any item that the Associations subsequently determine was not an eligible item. You agree that the Associations are not liable for any loss, costs, or fees that you may incur as a result of any such chargeback of an ineligible item.
Disposal of Transmitted Items: Upon Your receipt of confirmation from the Association that it has successfully received your deposit, You should store the check in a secure location for a period of 60 days. After 60 days, and after You have confirmed the funds have been correctly applied to your operating line of credit (or other account), You agree to destroy the check by shredding it or marking it “VOID”. After destruction of the original check, the image will be the sole evidence of the original check. You will be liable for checks that are presented more than once.
Errors in Transmission: By using the Remote Deposit Platform, You accept the risk that any item may be intercepted or misdirected during transmission. The Associations bear no liability to You or others for any such intercepted or misdirected items or information disclosed through such errors.
Deposit Limits: The Associations reserve the right to impose limits on the amount(s) and/or number of payments/deposits that You transmit using the Remote Deposit Platform and to modify such limits from time to time. If You attempt to initiate a deposit in excess of these limits, the Associations may reject Your payment/deposit. If the Associations permit You to make a payment or deposit in excess of these limits, such payment will still be subject to these terms, and the Associations will not be obligated to allow such a deposit at other times.
Your Warranties: You warrant to the Associations that: (a) You will only transmit eligible items; (b) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine and accurate; (c) You will not transmit duplicate items; (d) You will not deposit or represent the original item; and (e) all information that you present to the Associations is accurate and true.

Fees

You or Your account(s) will be charged or debited for applicable fees associated with Your use of the Platforms as set forth in the Associations regular fee schedules which may be published or made available from time-to-time or as such fees may be set forth in any other agreement you have with the Associations. The Associations reserve the right to update and change any applicable fees at any time without notice to You or Your Authorized Users, unless otherwise agreed in writing.

Data Input and Importing

The Associations will receive data and information from You as a result of Your use of the Platforms or Your authorization of third parties to provide the Associations with data or information. You will need to contact such third parties with whom You do business to confirm or revoke such authorizations. All data and information provided by You or imported on Your behalf by the Associations and will be utilized in accordance with these Terms of Use, applicable law, and Your account agreements with the Associations.

You understand and agree that services of third parties and the transfer of data from such services to the Platforms of the Association may involve unencrypted data, including Your personal and financial information. You further understand and agree that the Associations shall no liability in connection with Your use of such third-party services.

The Associations do not warrant that the Platforms will be compatible with third party services You may utilize.

PLEASE NOTE: Please contact your third-party internet, mobile or other service providers, if You have questions about Your rights to access and utilize the information and data maintained by any of them.

Privacy, Security, Data Use and Permissions

These Terms of Use are subject to, and include, the Privacy Statements and Security Statements adopted by the Associations. The Privacy Statements and Security Statements describe how the Associations will use, share, and maintain personally identifiable data and information, the security measures the Associations take, actions taken pursuant to the Children’s Online Privacy Protection Act, and other privacy and security matters. As set forth in the Privacy Statements, Your personally identifiable data and information will not be shared with non-affiliates of the Associations without Your permission.

In order to administer and provide the Platforms for Your use, the Associations collect and use technical data and related information concerning You and Your accounts, including, but not limited to, technical information concerning any device You use to access the Platforms, Your device systems and related application software.

Further, the Associations use anonymized and/or de-identified data, aggregated data, or other information you have provided to the Associations for purposes of deriving analytical data, performance benchmark information, and offering services to You and other customers of the Associations. The terms “anonymized data,” “de-identified data,” and “aggregated data” refers to data that has been subjected to processes of the Associations to generate useful data that cannot be used to identify You.

User Comments and Feedback Permissions

While using certain Platforms, You may be able to provide reasonable suggestions, comments, and feedback regarding the Platforms, including, but not limited to, usability, enhancement suggestions, service system errors, testing results and other assistance the Associations may reasonably request. You may also be requested to participate in any surveys, customer group reviews, conference calls, meetings, or other feedback events. In all such cases, you consent to, the use and publication of any quotations of comments made by You to the Associations. Further, the Associations are authorized to use such items for any purpose they deem appropriate, including, but not limited to, internal review of Platforms or future news articles, radio or television stories, newspapers, magazines, slide presentations, audio or video presentations, or other media regarding the Platforms. The use of such items will be: (a) without any compensation to You; (b) in conjunction with Your name or otherwise; and, (c) in any format, color, size, shape, perspective, context, or variations thereof the Associations may choose. You hereby waive any right to inspect or approve any finished images or product utilizing such items. The undersigned release, discharge, and agree to hold harmless the Associations, their affiliates, representatives and assigns from any liability for their use of such items, including any claims for libel or violations of any rights of privacy.

Notices, Communication and Consent

Your use of the Platforms represents Your consent and ability to receive notices regarding the Platforms that the Association may provide in an electronic format. If there is more than one person on Your account or listed as a policy holder, the Association may send account or insurance information to any one of them. Your electronic address may be an email, other internet address, text messaging number, or other electronic access address provided to the Association. The person receiving the notice is responsible for providing copies of all account or insurance information to all other persons with access to the applicable account or insurance policy.

The Associations also reserve the right at all times to communicate all account, financial or insurance information to You through the U.S. Postal Service or overnight courier, at the Associations’ option. Any notice or account, financial or insurance information the Associations send to You will be effective when mailed, sent electronically or otherwise made available to You. Any notice You send to the Association will not be effective until the Association actually receives the notice and has a reasonable opportunity to act on the notice. You assume the risk of loss in transit.

You agree that the Associations may make telephone calls and send text messages to You in order for the Associations to service Your accounts, collect any amount You may owe, or discuss the Association’s relationship, products, and services with You. Message and data rates assessed by third party service providers you do business with may apply.

NOTE: Certain security alerts and other communications may not be turned off and/or you may not opt-out of such notices. Accounts alerts may be turned off as You may indicate through Platforms with such functionality.

Acknowledgement of License

You acknowledge that the Platforms are licensed, not sold, to You for use only under these Terms of Use. If an aspect of Platforms is accompanied by a separate license agreement, the terms of that separate license agreement will govern, subject to Your prior acceptance, of that separate license agreement. The Association reserves all rights not expressly granted to You.

You are responsible for obtaining, installing, maintaining, and operating all systems necessary for you to access and use the Platforms. You are additionally responsible for obtaining internet services necessary to access and use the Platforms. You are responsible for all risks associated with the use of such systems and services. You agree to provide additional information and complete further authorization, as may be required, for certain transactions, including, but not limited to wire transfers and automated clearing house (ACH) transactions.

Proprietary Rights

You agree that the Platforms contain the Association’s proprietary trademarks, data, text, information, programs, and other materials protected by copyright, trademark, and other forms of ownership protection under the laws of the United States of America. As further described below, the Association utilizes third-party software providers to make some Platforms available to You. Except for Your personal and financial information, the Association, and such third parties where applicable, are the absolute owners of all intellectual property and rights applicable to materials in the Platforms. You do not have permission to copy, use or republish in any form any proprietary materials found on the Platforms, including, but not limited to, trademarks, data, text, information, programs, and other materials protected by copyright, trademark and other forms of ownership protection under the laws of the United States of America and which You do not own. You are only authorized to create an electronic copy of the information in the Platforms for Your own personal and informational use.

Third Party Services and Prohibitions

Some of the Platforms may provide You with access to third party websites, materials, and other services. You and Authorized Users specifically agree as follows with respect to the Platforms and any such third-party services:

To comply with any terms of use or other agreements required by a service provider in order to access the services, including the terms of any app provider, such as Google Play or Apple App Store.
Not to copy, reverse engineer, decompile, disassemble, modify, translate, adapt, create derivative works, or make any attempt to discover any software related to the services.
Not to remove, obscure, or alter the any service provider's proprietary notices, disclaimers, trademarks, or other proprietary rights notices of any kind.
Not to copy any software, except for archive purposes or as otherwise permitted by the service provider.
Not to license, sublicense, sell, resell, transfer, assign, distribute, or share any software related to such services to another party.
That any service provided via a Platform is licensed, not sold, and that any service provider retains ownership of all portions of the services.
That any service provider is a third-party beneficiary in connection with the provisions herein related to any such service are made expressly for the benefit of and are enforceable by the respective service provider against You or Authorized Users.
Not to send spam or unsolicited messages in violation of the terms of use for such services or applicable law.
Not to interfere with or disrupt the integrity or performance of a service, including sending or storing material containing viruses, worms, trojan horses, or other harmful computer code, files, scripts, or other materials.
Not to attempt to probe, scan, or test any portion of the service, except as expressly authorized by the service provider in writing.
Not to use any service, software, or underlying technology in contravention of applicable U.S. and foreign export laws and regulations.

You acknowledge and agree that the Association is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any third-party services. The Association does not warrant, endorse, and does not assume any liability or responsibility to You or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties. Third party materials and links to other web sites are provided solely as a convenience to You. Any third-party materials or links to other web sites may be removed at any time at the discretion of the Association. The Association may also impose limits on the use of such third-party materials or links to other web sites without notice or liability to You.

Limitations of Liability

You are liable for all losses relating to unauthorized transactions which do not result solely from the gross negligence or intentional misconduct by the Associations. The Associations are only responsible for exercising ordinary care in providing Platforms and third-party services. The Associations are not liable in any way to You or for any loss or damages You incur in the following instances:

You do not have sufficient credit or funds available in Your account for the transaction.
Delays in mail delivery, changes to a payee’s address or account number, the failure of any payee to correctly account for or credit a payment in a timely manner.
Interruption of transmission or communication facilities, equipment failure, war, emergency conditions, disruptions in internet service or connections, Platforms, or other circumstances beyond the Association’s control.
A hold on Your account, or blocked access to Your account in accordance with Your other agreements with the Association.
Your account is subject to legal process or other encumbrance restricting the transaction.
Your authorization to make a transaction terminates.
You believe someone has accessed Your accounts without Your permission and You fail to notify the Association immediately.
You have not properly complied with these Terms of Use.
The Association receives incomplete or inaccurate information from You or a third party.
You default under these Terms of Use or any other agreement with the Association.
A third party does not accept Your transaction for any reason, including unintentional error or omission on the Association’s part.
You or Your current or former Authorized Users attempt or commit unauthorized, fraudulent, or dishonest acts.

The Associations will assist You with reasonable efforts to take appropriate corrective action to re-process transactions that may not have been completed or to correct incorrect transactions.

IN NO EVENT WILL THE ASSOCIATION BE LIABLE FOR: (1) DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO THE ASSOCIATION’S FAILURE TO COMPLETE A TRANSACTION; AND (2) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE ONLINE PLATFORMS OR ANY WEBSITE LINKED TO THE ONLINE PLATFORMS.

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, THE ASSOCIATIONS AND ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE FROM, REGARD OR RELATE TO, OR RESULT FROM THE ACCESS TO, USE OF (OR INABILITY TO ACCESS OR USE), OR AVAILABILITY OF (OR LACK THEREOF) THE DIGITAL PLATFORMS, SERVICES, OR PRODUCTS OF THE ASSOCIATIONS, REGARDLESS OF THE FORM OF THE ACTION AND EVEN IF THE ASSOCIATIONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties

ALL Platforms are provided "AS IS", "AS AVAILABLE", and WITHOUT WARRANTY of any kind. THE ASSOCIATIONS DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE PLATFORMS, EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE PLATFORMS AND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE PLATFORMS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM VIRUS, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.

Indemnification

You agree to indemnify, defend, and hold the Associations harmless from any damage, loss or liability of any kind, including without limitation, reasonable attorney's fees and court costs, which may result, directly or indirectly, in whole or in part, from the Your actions or those actions of Your Authorized Users under these Terms of Use pursuant to Your or any Authorized User’s instructions or the information You or any Authorized User provides to the Associations.

Waiver and Severability

The Associations shall not be deemed to have waived any rights or remedies under these Terms of Use unless such waiver is granted in writing and signed by an Association representative. No delay or omission by the Associations in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

If any provision of these Terms of Use conflict with the law under which the Terms of Use are to be construed or if any provision(s) of the Terms of Use are held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions expressed herein in accordance with applicable law. The remaining provisions of the Terms of Use and the application of the challenged provision to persons or circumstances other than those as to which it is invalid or unenforceable will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.

Returned, Unclaimed Account Information

If any documents or an electronic notice is returned as undeliverable, the Associations may but are not required to discontinue sending account or insurance information to You until You provide a valid postal address or email. Additionally, the Association may, at the Associations;’ option, destroy account or insurance information sent to You and returned to the Association as undeliverable, hold the account or insurance information for You to pick-up, or discontinue sending the account or insurance information through the delivery channel generating returns and utilize an alternative delivery channel.

Modifications to these Terms of Use

The Association may change these Terms of Use from time to time by making the new Terms of Use available on the Association’s websites. The revised terms and conditions are effective at the earliest date allowed by applicable law.

Governing Law

These Terms of Use and Your use of Platforms are governed by applicable laws, statutes, and regulations of the United States of America and the State of Nebraska. Your use of Platforms or third-party services may also be subject to other local, state, or international laws. If any part of these Terms of Use is illegal or unenforceable, the unenforceable portion shall be construed with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder shall remain in full force and effect.

Assistance Via CoBrowse

In addition to other resources available to You in utilizing the Platforms, You may use the CoBrowse which allows you to authorize Association representatives to view Your computer or mobile screen along with You to provide real time assistance or troubleshoot issues You may be experiencing on Your device.

CoBrowse also enables us to view Your active session in a Platform in a limited capacity to provide You with live onscreen assistance while utilizing the Platform. Association representatives will only be able to CoBrowse with You within the Platform and will not be able to view other applications on Your computer or mobile device.

Ending the CoBrowse Session

You may end Your session at any time by clicking “End Session,” or by closing Your web browser or the Platform. Once the CoBrowse session has ended, our ability to view Your active computer or mobile device screen will cease.

Questions, Complaint or Claims:You may contact the Association with any questions, complaints or claims with respect to the Platforms at: Farm Credit Services of America or Frontier Farm Credit, PO Box 2409, Omaha, NE 68103-2409, Phone: 877-348-3810. For question related to data importing, call 877-966-7778. To reach the AgDirect Team, Phone: 866-507-6555.

Updated: 2/2/2024, 7:00 AM