FARMERS UNION SERVICE ASSOCIATION OF SOUTH DAKOTA
WEBSITE TERMS & CONDITIONS
These Terms & Conditions were last updated and posted on January 11, 2021.
These Terms & Conditions govern your use of the Farmers Union Service Association of South Dakota Website.
If you have any questions about the Website or the Terms & Conditions, contact us at firstname.lastname@example.org, 800-933-2841, or write to us at:
Farmers Union Service Association of South Dakota
1410 Dakota Ave. S.
Huron, SD 57350
Farmers Union Service Association of South Dakota (“the Company”) provides the content and services available on our Website (“Site”) subject to the following Terms & Conditions.
By accessing or using our Site, you (i) acknowledge that you are at least 18 years old, an emancipated minor, or if you are under 18 have legal parental or legal guardian consent to access and use our Site and that you have the right, authority, and capacity to agree to and abide by these Terms & Conditions; (ii) acknowledge that you have read and understand the Terms & Conditions and expressly agree to be bound by the Terms & Conditions, including without limitation, any terms incorporated herein by reference. If you do not consent to the terms of these Terms & Conditions, you must immediately cease using the Site.
The Company may, at any time, revise or modify these Terms & Conditions or impose new conditions for use of the Site. If we modify the Terms & Conditions, in whole or in part, we will indicate such changes have been made by changing the “Last Updated” date at the beginning of the Terms & Conditions. Such changes, revisions, or modifications shall be effective as of the Last Updated date. The new Terms & Conditions will apply to all current and past users of our Site and will replace any prior agreements that are inconsistent. Any use of our Site after the “Last Updated” date shall constitute your acceptance of such changes, revisions, or modifications. We encourage you to review the Terms & Conditions periodically.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, videos, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of the Company or the property of our subsidiaries, affiliates, divisions, joint ventures, and service providers and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
· Frame or utilize framing techniques to enclose the Site or any portion thereof;
· Use any meta tags, hidden text, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
· Make any use of the Site or any Content other than for personal use;
· Make any change or alteration to the Site or any Content or services that may appear on this Site;
· Impair in any way the integrity or operation of the Site;
· Modify, reverse engineer or create any derivative works based upon the Site or any Content;
· Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
· Stalk or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
· Intentionally violate any applicable local, state, national or international law;
· Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
· Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam.
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive, controversial, or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these Terms & Conditions.
The Company appreciates your feedback. By sending us your feedback or ideas, you agree that we may use it in any way, including in changes to our products or services, advertising, or marketing materials. You grant the Company a perpetual, worldwide, fully transferable, sublicensable, non-revocable, exclusive, royalty-free license to use the feedback you provide to us in any way.
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases. In order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password. If there has been an unauthorized use of your password or account, please notify us immediately at 800-933-2841, or email@example.com. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. By accessing the areas of the Site that require your login information, you agree that the Company is entitled to act on instructions received under your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password.
If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms & Conditions, and to the extent you do not have such authority you agree to be bound to the Terms & Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We may, but are under no obligation to, block access to your account without prior notice if we believe your login information is being used by someone other than you, if any unauthorized access to your account has occurred or may occur, or for any other reason. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
The Site, Content and your account may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance. You agree to receive these updates automatically.
You agree to indemnify, defend, and hold the Company harmless from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site, your breach of any provision of these Terms & Conditions, your negligence or willful misconduct, or for claims that information submitted to the Company infringes on the intellectual property or propriety rights of a third party.
Disclaimer of Warranties
THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE AND WE ASSUME NO OBLIGATION TO UPDATE THE INFORMATION OR CONTENT ON THIS SITE. THE SITE AND ITS CONTENT MAY BE CHANGED FROM TIME TO TIME.
THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR MATERIALS PROVIDED THROUGH THE SITE. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, THE COMPANY WILL NOT BE LIABLE FOR ANY TRANSMISSION DELAYS AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM THIRD-PARTY INTERNET PROVIDERS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Limitation of Liability
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PERSON OR ENTITY WHO MAY SUBMIT INFORMATION TO, USE OR RELY ON THE SITE OR TO WHOM ANY INFORMATION FROM THE SITE MAY BE FURNISHED, FOR ANY (1) LOSS OF PROFITS OR REVENUES, (2) COST OF REPLACEMENT PRODUCTS (3) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY PERSON’S USE, DELAY OR INABILITY TO USE, OR RELIANCE UPON THE SITE OR ANY SITE CONTENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT OR TORTIOUS BEHAVIOR. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY 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.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION PROVISION BELOW, YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. THAT MEANS THAT AN ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE AND THAT YOU WAIVE YOUR RIGHT TO BRING AN ACTION IN COURT BEFORE A JUDGE OR JURY. YOU ALSO WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Please read this carefully. It affects your rights.
BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED TO ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
You agree that these Terms & Conditions and your use of the Site are governed by the laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Company shall be entitled to seek injunctive or equitable relief in the state and federal courts in Beadle County, South Dakota, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to the Terms & Conditions will be resolved solely by binding arbitration before one (1), neutral arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to oversee the arbitration, either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Beadle County, South Dakota. The federal or state law that applies to the Terms & Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Beadle County, South Dakota. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The parties agree to each pay their half of the administrative and arbitrator's fees. Each party agrees to pay its own expenses, including but not limited to attorneys’ fees, travel, and any other fees and costs incurred related to the arbitration or incurred to attend or participate in the arbitration hearing. Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Terms & Conditions or the Site.
Fraud is an act committed knowingly and with intent to defraud by, for example, presenting false information related to an application for insurance, an insurance claim, or payments for insurance. If you suspect fraud, contact the Company immediately. We are committed to keeping the identity of the reporting party confidential to the extent possible. If the Company suspects any fraud has been conducted in your use of this Site, your access to the Site will be terminated immediately and we will report any suspected fraud to the authorities.
The Company adheres to the YouTube Terms of Service. By using the Site you agree to be bound by the YouTube Terms of Service.
Special Notice to Parents—Children’s Privacy
We want to help you guard your children’s privacy. We encourage you to speak with your children about safe and responsible use of their personal information while using the internet. The Company does not seek to nor do they knowingly collect or solicit personally identifiable information from anyone under the age of thirteen (13). If you have any concerns about any information that your child may have provided to us via our Site, please contact us at firstname.lastname@example.org or call customer service at 800-933-2841.
Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms & Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. Without limiting the generality of any other provision of the Terms & Conditions, if you default negligently or willfully in any of the obligations set forth in the Terms & Conditions, you shall be liable for all the losses and damages that this may cause to us, our subsidiaries, affiliates, divisions, joint ventures, and service providers.
This Site is only designed to provide general information about the Company and its subsidiaries, affiliates, divisions, joint ventures, and service providers and their products and services. We do not provide legal, accounting, medical or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
Nothing contained in this Site shall constitute a solicitation, offer or acceptance of a contract or a contract of insurance or be construed as creating or modifying any agreement with the Company.
Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision of the Terms & Conditions shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision of the Terms & Conditions be taken or held to be a waiver of the provision itself.
The headings in these Terms & Conditions are for convenience only and shall not be used in its interpretation.
If any provision of these Terms & Conditions are invalid or unenforceable under applicable law, or so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms & Conditions unenforceable or invalid as a whole but the Terms & Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.