1. Accuracy of Information
AgriSompo North America attempts to be as accurate as possible when providing you with information about us on the AgriSompo North America website; however, to the extent permitted by applicable law, AgriSompo North America does not warrant that the content available on the AgriSompo North America website is accurate, complete, reliable, current, or error-free.
We make no commitment, and disclaim any duty, to update any of the material on the AgriSompo North America website. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the AgriSompo North America website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report or information shall be at your sole risk. We reserve the right to add, modify, correct or delete any information from the AgriSompo North America website at any time without any notice. Moreover, with respect to any publications of the United States Department of Agriculture (“USDA”), AgriSompo North America makes every effort to provide the most up-to-date USDA material; however, the AgriSompo North America website is not a substitute for any USDA website (including, without limitation, the Federal Crop Insurance Corporation (“FCIC”) Risk Management Agency (“RMA”) website located at: https://www.rma.usda.gov/) and you are hereby instructed to verify all USDA publications and/or information on the applicable USDA website. You acknowledge that any reliance on any USDA publication on the AgriSompo North America website is at your sole risk and that you are solely responsible for verifying all USDA publications and/or information on the applicable USDA website.
THE AGRISOMPO NORTH AMERICA WEBSITE AND THE MATERIAL ON AND MADE AVAILABLE THROUGH THE AGRISOMPO NORTH AMERICA WEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS WEBSITE, INCLUDING ANY SOFTWARE, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. USE OF THE AGRISOMPO NORTH AMERICA WEBSITE IS ENTIRELY AT YOUR OWN RISK. AGRISOMPO NORTH AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE AGRISOMPO NORTH AMERICA WEBSITE AND THE WEBSITE MATERIAL ON AND MADE AVAILABLE THROUGH THE AGRISOMPO NORTH AMERICA WEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THE AGRISOMPO NORTH AMERICA WEBSITE, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INCLUDING THAT THE AGRISOMPO NORTH AMERICA WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE AGRISOMPO NORTH AMERICA WEBSITE OR ITS SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE AGRISOMPO NORTH AMERICA WEBSITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT CONTENT CREATED ON THE AGRISOMPO NORTH AMERICA WEBSITE IS SECURE FROM UNAUTHORIZED ACCESS. ANY AND ALL INFORMATION PROVIDED BY AGRISOMPO NORTH AMERICA OR UNDER OR IN CONNECTION WITH THIS WEBSITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. AGRISOMPO NORTH AMERICA MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OR ADVERTISED THROUGH THE AGRISOMPO NORTH AMERICA WEBSITE. NO ADVICE OR INFORMATION GIVEN BY AGRISOMPO NORTH AMERICA, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
3. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AGRISOMPO NORTH AMERICA BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THE AGRISOMPO NORTH AMERICA WEBSITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AGRISOMPO NORTH AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF AGRISOMPO NORTH AMERICA TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE WEBSITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF AGRISOMPO NORTH AMERICA SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH THE AGRISOMPO NORTH AMERICA WEBSITE IS TO STOP USING THE AGRISOMPO NORTH AMERICA WEBSITE. YOU AGREE THAT AGRISOMPO NORTH AMERICA OR ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-AGRISOMPO NORTH AMERICA WEBSITE LINKS ON THE AGRISOMPO NORTH AMERICA WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE AGRISOMPO NORTH AMERICA WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND AGRISOMPO NORTH AMERICA’S REASONABLE CONTROL.
You shall indemnify AgriSompo North America and its directors, officers, employees, agents, and contractors (“AgriSompo North America Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the AgriSompo North America website and your use of the AgriSompo North America website, or any services, product or data obtained through the AgriSompo North America website, your fraud, violation of law, negligence, willful misconduct, or any other use of the AgriSompo North America website, the services, products, information and other materials on, in and made available through the AgriSompo North America website, except to the extent attributable to AgriSompo North America, or any breach by you of these Terms and Conditions of Use and shall indemnify and hold AgriSompo North America Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees, attorneys’ disbursements, and costs of court) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of AgriSompo North America. AgriSompo North America may assume the defense of any Claim, at its sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If AgriSompo North America does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to AgriSompo North America, subject to the right of AgriSompo North America to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
5. Data Protection and Privacy
By accessing the AgriSompo North America website, you agree without any limitation or qualification that AgriSompo North America has the right to monitor AgriSompo North America’s Internet services electronically from time to time and your access thereto and use thereof, and to disclose any information as necessary to satisfy any law, regulation or governmental request or to protect itself.
6. Limitation of Liability for Links to Third Parties
The AgriSompo North America website may provide links to certain websites sponsored and maintained by third parties. Such websites are publicly available and AgriSompo North America is providing access to such websites through the AgriSompo North America website solely as a convenience to its Users. The content of other websites, services, goods or advertisements that may be linked to the AgriSompo North America website is not maintained, controlled or endorsed by AgriSompo North America. AgriSompo North America is in no way responsible for examining or evaluating such websites, services goods or advertisements, and AgriSompo North America makes no representations or warranties expressed or implied, concerning the content, accuracy, completeness, usefulness, availability or legality of such websites, or the functionality of the links themselves. You should carefully review the terms and conditions and privacy policies of all websites that you visit.
7. Intellectual Property
All content available on the AgriSompo North America website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of AgriSompo North America, our affiliates, our partners or our licensors, and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the AgriSompo North America website (collectively, the “Trademarks”) are the registered and unregistered marks of AgriSompo North America, our affiliates, our licensors or our partners. All Trademarks not owned by us, our affiliates or our partners that appear on the AgriSompo North America website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 8 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the AgriSompo North America website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
8. Unauthorized Activity
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the AgriSompo North America website. Please note that you may not frame or utilize framing techniques to enclose the AgriSompo North America website or any portion thereof without our prior written consent. You agree that you will not use the AgriSompo North America website for (a) any illegal or unauthorized purposes that violate any local, state, federal, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the material on the AgriSompo North America website, unless otherwise authorized by these Termsand Conditions of Use or in a separate written agreement with AgriSompo North America; (c) attempting to gain unauthorized access to AgriSompo North America’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the AgriSompo North America website or any services provided through the AgriSompo North America website; (d) any resale or commercial or institutional purposes, including use of the AgriSompo North America website to further the purposes of any library, corporation, governmental entity, or any other institution or entity; (e) any downloading or copying of the AgriSompo North America website for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the AgriSompo North America website to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the AgriSompo North America website aimed at preventing or restricting the unauthorized use of the AgriSompo North America website or any of the materials on the website. AgriSompo North America may monitor whether your account is being accessed concurrently through multiple devices. Without limiting anything else herein, if AgriSompo North America discovers concurrent access to the AgriSompo North America website through your account, AgriSompo North America may, in its sole discretion, suspend or terminate your account and/or your ability to use the AgriSompo North America website. You may use the AgriSompo North America website solely for your personal use in a manner consistent with these Terms and Conditions of Use, and such rights may not be transferred or assigned to any other person or entity. Any other use of the AgriSompo North America website, including but not limited to the aforementioned unauthorized uses, without prior written permission of AgriSompo North America is strictly prohibited. Any unauthorized use by you of the AgriSompo North America website terminates the limited license set forth in this Section 8 without prejudice to any other remedy provided by applicable law. You acknowledge and agree that the unauthorized use of the AgriSompo North America website could cause irreparable harm to AgriSompo North America and that in the event of such unauthorized use, AgriSompo North America shall be entitled to an injunction in addition to any other remedies available at law or equity.
With respect to any dispute regarding the AgriSompo North America website, your rights and obligations and all actions contemplated by these Terms and Conditions of Use shall be governed by the laws of State of Texas, as if the Terms and Conditions of Use were a contract wholly entered into and wholly performed within Texas. Any dispute relating in any way to your visit to the AgriSompo North America website shall be submitted to confidential arbitration in Lubbock, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the United States District Court for the Northern District of Texas Lubbock Division or any Lubbock County District Court and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules theAmerican Arbitration Association®. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of Use, whether through class arbitration proceedings or otherwise.
10. Amendment of Terms
AgriSompo North America reserves the right to amend these Terms and Conditions of Use at any time. AgriSompo North America will notify User of any such changes to these Terms and Conditions of Use by posting the revised Terms and Conditions of Use on the AgriSompo North America website. Unless otherwise specified, such changes shall be effective upon posting. Users are responsible for monitoring these Terms and Conditions of Use for changes. User’s continued use of the AgriSompo North America website constitutes User’s agreement to be bound by such changes to these Terms and Conditions of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the AgriSompo North America website.
You acknowledge and agree that these Terms and Conditions of Use constitute the complete and exclusive agreement between us concerning your use of the AgriSompo North America website, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in these Terms and Conditions of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. AgriSompo North America’s failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions of Use unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms, please contact AgLegal@sompo-intl.com.