THIS WEBSITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.
The following definitions shall be used for the purposes of reading and interpreting these Terms and Conditions:
- AAC refers to American AgCredit, ACA, American AgCredit, PCA and American AgCredit, FLCA, 400 Aviation Blvd. Suite 100, Santa Rosa, CA. 95403.
- Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and AAC regarding the use of the Website.
- Website refers to any website owned and operated by American AgCredit, ACA, American AgCredit, PCA and American AgCredit, FLCA, accessible from https://www.agloan.com
- You or Your means the individual accessing or using the Website, or legal entity on behalf of which such individual is accessing or using the Website, as applicable.
ACKNOWLEDGMENT AND AGREEMENT TO USE WEBSITE
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and AAC. These Terms and Conditions set out the rights and obligations of all users regarding the use of this Website.
Your access to and use of this Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using this Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access this Website.
The Website is provided as a privilege and convenience to You and AAC reserves the right to terminate or modify the Website, in whole or in part, or access at any time and without prior notice.
AAC is the absolute owner of all intellectual property and rights applicable to the Website. You agree that the Website contains proprietary trademarks, data, text, information, programs, and materials (collectively referred to as “Information”) protected by copyright, trademark, and other forms of ownership protection under the laws of the United States of America and/or may be protected under applicable state law. Except as specifically and expressly authorized by AAC, you do not have permission to copy, use, or republish, in any form, any Information found on the Website. You are authorized to view the Information available on the Website for your activities with AAC and for informational purposes only and you may create an electronic copy of the Information for your use. No part of the Information may be otherwise copied, reproduced, or redistributed in any form without prior written consent from AAC. You agree not to assert any claim of ownership over, or any rights to, the Information, including any software or data, based on your use or otherwise.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by AAC.
RECEIVING SMS COMMUNICATIONS FROM AAC
If You choose to receive service reminders, news and outlooks, promotions, events or any other communication from AAC by way of SMS, you may receive up to 4 text messages per month sent by or on behalf of AAC via automated technology to the mobile phone number You have provided. You can cancel this form of communication service at any time. Just text “STOP” to 34313. After you send the message “STOP” to us, AAC will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from AAC. If you want to join again, just sign up as you did the first time and AAC will start sending messages to you again. If at any time you forget what keywords are supported, just text “HELP” to 34313. After you send the message “HELP” to us, AAC will respond with instructions on how to use our service as well as how to unsubscribe. Participating carriers for AAC’s SMS communication service include, but are not limited to: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). T-Mobile is not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to email@example.com or call (800)800-4865.
LINKS TO OTHER WEBSITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by AAC.
AAC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AAC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND INFORMATION RELATED THERETO ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND WARRANTIES ARISING BY VIRTUE OF COURSE OF DEALING OR CUSTOM OF TRADE. AAC DOES NOT WARRANT THAT THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY OR FREE FROM ERRORS OR INTERRUPTIONS IN SERVICE OR THAT DATA OR INFORMATION WILL BE ERROR-FREE. AAC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ON ITS WEBSITE AND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON ITS WEBSITE.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT, EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
Some states do not allow the exclusion of implied warranties for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
DISCLAIMER OF LIABILITY AND LIMITATIONS ON DAMAGES
By using the Website, you understand, acknowledge, and agree that AAC SHALL NOT BE: (a) RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, EXPENSE, COSTS, OR DAMAGES, INCLUDING PROPERTY DAMAGE OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE, REGARDLESS OF CAUSE; (b) RESPONSIBLE FOR ACCESS FAILURES OR ERRORS IN TRANSMISSION OF INFORMATION; (c) RESPONSIBLE FOR ANY LOST PROFITS OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ECONOMIC DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST DATA, LOST BUSINESS OPPORTUNITIES, LOST PROFITS, LOST SAVINGS, OR LOST RESERVES ARISING OUT OF OR RELATED TO THE USE OF THE PLATFORM, OR ARISING FROM ANY COMPUTER VIRUS, SYSTEM, OR NETWORK FAILURE OR INTERNET FAILURE, AND REGARDLESS OF WHETHER AAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and (d) LIABLE FOR DAMAGES, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF AAC’S WEBSITE, OR THE INFORMATION OR SERVICES PROVIDED HERE OR THEREUNDER, OR THE INABILITY TO USE THE INFORMATION OR MATERIALS PROVIDED HERE OR THEREUNDER.
You understand, acknowledge, and agree that: (a) ANY AAC LIABILITY UNDER THIS AGREEMENT OR ARISING FROM THE USE OF THE WEBSITE SHALL BE LIMITED TO THE REASONABLE COST OF TAKING CORRECTIVE ACTION REGARDING THE CIRCUMSTANCE GIVING RISE TO THE LIABILITY BEING CLAIMED; and (b) SUCH LIMITATION SHALL BE THE MAXIMUM EXTENT OF AAC’S LIABILITY, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST AAC, AND THIS SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY FOR ANY SUCH LIABILITY.
Some states do not allow the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
BINDING ARBITRATION OF DISPUTES
Your use of the Website is evidence that You agree that any and all disputes not satisfactorily resolved between the parties arising out of or related the Website, shall be submitted to final and binding arbitration in the State of California to the extent permitted by law unless you and AAC mutually agree to another location in writing or unless otherwise provided by law. Arbitration shall be conducted in accordance with the Optional Expedited Arbitration Procedures of the Judicial Arbitration and Mediation Services (JAMS) before a single arbitrator unless the parties shall mutually agree in writing to different rules or procedures. Each party shall bear its own costs, fees, and expenses in connection with any arbitration regarding the Website prior to the issuance of any award, and the parties shall comply promptly with any award or ruling of the arbitrator; provided, any final award may include costs, fees, and expenses awarded in favor of the prevailing party. The prevailing party in arbitration shall have the right to enter, without contest by the other party, an order reflecting the arbitrator’s decision in any court of competent jurisdiction. The binding arbitration provisions apply to any and all claims that you have against AAC or its affiliates, successors, or assigns and all of their respective directors, employees, agents, or assigns, or that AAC has against you, including any and all claims regarding the applicability of this arbitration clause in whole or in part.
This Agreement is governed by and will be interpreted under the laws of the United States of America, including applicable federal laws, and the laws of the State of California, applicable to contracts executed and performed entirely in, and by residents of, that state.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. You further warrant that You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
CHANGES TO THESE TERMS AND CONDITIONS
AAC reserves the right, at AAC’s sole discretion, to modify or replace these Terms at any time. If a revision is material AAC will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at AAC’s sole discretion.
By continuing to access or use the Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
If you have any questions about these Terms and Conditions, You can contact us at firstname.lastname@example.org