AGRI-SERVICE, LLC TERMS OF USE

Last Updated: November 2025
Welcome to Agri-Service LLC.’s website. These Terms of Use (these “Terms of Use“) contain the terms and conditions that govern your access to and use of Agri-Service websites (the “Site” or “Sites,” including www.agri-service.com); all networked websites operated by Agri-Service and its subsidiaries, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites (“Content“). This is an agreement between you or the entity you represent (“you“) and Agri-Service Inc., an Idaho limited liability company with offices located at 300 Agri-Service Way, Kimberly, ID 83341 (together with our subsidiaries or assumed business names that may make any Sites available to you, “Agri-Service,” “we,” “us,” or “our“). Agri-Service is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of the latest version of these Terms of Use. Please review the most current version of these Terms of Use at any time at www.agri-service.com, or associated websites.

Networked Websites

Agri-Service may use any Site as an entry into many networked websites operated by Agri-Service and its subsidiaries (“Networked Sites“). Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

Use of Site

You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Agri-Service policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data. In addition, you will not:

Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password “mining” or any other illegitimate means.
Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Agri-Service, including but not limited to personal identification or information.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Agri-Service’s systems or networks, or any systems or networks connected to any Site or to Agri-Service.
Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person’s use of any Site.
Distribute viruses or any other technologies that may harm Agri-Service or the interests of property any other person or entity, including any other user of any Site.
Circumvent or manipulate our fee structure, the billing process or fees owed to Agri-Service, its dealers or its business associates.
Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Agri-Service on or through any Site.
Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Agri-Service or others.

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading “Grant of License”, you agree and acknowledge:

That Agri-Service owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights“) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“Agri-Service IP“).
That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
Agri-Service owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Agri-Service IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Agri-Service, including without limitation assigning (and you hereby assign) to Agri-Service all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Agri-Service’s express prior written consent.
The Sites (including but not limited to all information, software, text, displays, images, markings, video, and audio, and the design, selection, and arrangement thereof), are owned by Agri-Service, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All marks that appear throughout the Sites and Content belong to Agri-Service, or the respective owners of such marks, and are protected by United States and international trademark and copyright laws. Any use of any of such marks without the express written consent of Agri-Service or the owner of the mark, as appropriate, is strictly prohibited.
That you must use the Sites as intended. You must not reproduce, distribute, modify, create derivative works of, edit or otherwise modify any material, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site without our prior written consent.
The Agri-Service name, Agri-Service logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Agri-Service or its affiliates or licensors. You must not use such marks without the prior written permission of Agri-Service. Any other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Site by or through your use of the Site.
Agri-Service may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Agri-Service or others.

Grant of License

Agri-Service grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:

Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
Reverse engineer, de‑compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

Copyright Agent

Agri-Service respects the rights of all copyright holders and in this regard, Agri-Service has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Agri-Service’s Copyright Agent all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Agri-Service’s Copyright Agent for notice of claims of copyright infringement on or regarding the Sites can be reached as follows:

Agri-Service, LLC
Attn: Marketing Department
300 Agri-Service Way

Kimberly, ID 83341
Email: [marketing@agri-service.com]

Submissions

Do not use the Sites as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Agri-Service applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Agri-Service for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Agri-Service, or postings on this Site, are non-confidential (subject to Agri-Service’s Privacy Policy) and shall become the sole property of Agri-Service. Agri-Service shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Agri-Service, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity. Should you choose to respond directly to Agri-Service with comments, questions, suggestions, ideas or the like relating to the Sites or Agri-Service products and services, you agree that such information shall be deemed as non-confidential and Agri-Service shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Privacy

By accessing or using any Site, you confirm that you have received a notice of the specific Privacy Notice applicable to such Site (available from the Site) and https://agri-service.com/privacy-policy and that you understand and acknowledge that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Policy.

Accessibility

For information on Agri-Service’s Accessibility Statement, please visit Agri-Service’s Site.

Interactive Forums and User Materials

The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material (“User Materials“) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
Without Agri-Service’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Agri-Service takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Agri-Service is only a forum and is not liable for any statements, representations, or User Materials provided by its users. Agri-Service can use User Materials to contact you about our products or services. We will use User Materials in accordance with our Privacy Policy. You acknowledge, represent and agree that any User Materials is provided voluntarily and is not confidential or proprietary, and that your User Materials does not establish a relationship between you and us. You grant Agri-Service and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of your User Materials, except as otherwise prohibited by applicable law or these Terms of Use. You waive any right to compensation of any type for your User Materials. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that use of User Materials by us does not violate any law.

Agri-Service has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Agri-Service may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Agri-Service reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable. To the extent that you have concerns, complaints, or inquiries about the content on our Sites or digital offerings, please contact Agri-Service Marketing at marketing@agri-service.com.

You agree that we can take any actions, consistent with our Privacy Policy, related to all information you provide to the Sites, including but not limited to information collected or submitted through the use of the Sites (“Usage Data”).You agree that Agri-Service may collect and use Usage Data from your device through the use of the Sites, such Usage Data can include but is not limited to technical information about your device, its operating system and application software, device usage, website usage, and network provider that is gathered periodically in connection with your use of the Sites. Agri-Service may use this information in connection with its business as described in our Privacy Policy, as set forth below.

You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

Social Media Channels

By submitting content through any of our social media channels, you hereby agree to the Social Media Terms, as set forth below, which is hereby incorporated by reference.

Press Releases

The Content contained within press releases issued by Agri-Service should not be deemed accurate or current except as of the date the release was posted. Agri-Service has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

No Warranties

AGRI-SERVICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE “AGRI-SERVICE PARTIES“) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AGRI-SERVICE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

The information presented on or through any Site, including text, images, and links, is made available “as is” by Agri-Service solely as a convenience to you without warranty of any kind for general information purposes, and does not constitute any type of advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of the Content. The Content is updated frequently, including based on interaction with users of the Sites, but the Content is not necessarily complete or up-to-date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material. Agri-Service assumes no responsibility for errors or omissions in the Sites or other documents which are referenced by or linked to the Sites. Any Site could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and Agri-Service may change the products or services described in any Site at any time. Contact a local Agri-Service dealer for further information before relying on any information contained herein.

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE AGRI-SERVICE PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF AGRI-SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL AGRI-SERVICE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO AGRI-SERVICE WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT. IN NO EVENT SHALL THE AGRI-SERVICE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS (US$100.00). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the Agri-Service Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages, User Content, User Materials or other materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Agri-Service Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

Termination

Agri-Service, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of Agri-Service if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content. The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, and Choice of Law; Severability shall survive the termination of these Terms of Use.

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. We may notify you of changes to these Terms of Use by: (i) electronic mail or (ii) posting a notice on the Sites located at www.agri-service.com. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Agri-Service, any new or enhanced versions of the Sites, Content and Services are subject to these Terms of Use.

Electronic Communications

You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). We may provide Communications to you by posting them via the Sites, by emailing them to you at the email address you provide, by sending an SMS or text message to a mobile phone number that you provide, or by any other reasonable means. You should maintain copies of all Communications. You further consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act while using the Sites, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us. If you sign up for one or more Agri-Service text messaging programs, you hereby agree to the SMS Terms and Conditions, as set forth below, which is hereby incorporated by reference.

Linked Sites

The Sites may contain links to other independent third-party websites or resources (“Linked Sites“). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Agri-Service’s control, and Agri-Service is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

You may be subject to additional terms and conditions that may apply when you obtain or use third party content, third party software or goods and services provided by or through clients, sponsors, partners, reward partners or other third-party partners of Agri-Service. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked from the Sites, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites, which you should read and understand. Any third-party names, logos, product and service names, designs, and slogans in the Sites are the trademarks of their respective owners.

Import and Export Compliance

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

U.S. Government Rights

The Sites and Content are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Contractual Statute of Limitations

YOU AGREE THAT NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING DIRECTLY OR INDIRECTLY UNDER OR IN CONNECTION WITH THESE TERMS OF USE MUST BE FILED WITHIN 12 MONTHS AFTER THE CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Dispute Resolution and Mandatory Arbitration

YOU AND AGRI-SERVICE ACKNOWLEDGE THAT ALL DISPUTES, CLAIMS AND CONTROVERSIES RELATING IN ANY WAY TO YOUR USE OF THE SITES OR CONTENT, OR TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY SUCH SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS OF USE.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to VP, General Counsel, Agri-Service Inc., 3858 N Garden Center Way # 300, Boise, ID 83703. The arbitration will take place in Boise, Idaho in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under “Contractual Statute of Limitations.” In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

The arbitration panel shall consist of one individual appointed by Agri-Service and you. Such individual shall (i) have been selected from the AAA’s list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the dispute. If Agri-Service and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Terms of Use.

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys’ fees, incurred by the prevailing party.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the State of Idaho, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

We recognize that it is possible for you to obtain access to any Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Idaho and of the United States. If any Content, User Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, such Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

Severability

If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid illegal, invalid, or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

Assignment

We may assign our rights and delegate our duties under these Terms of Use to any party at any time without notice to you. You may not assign or delegate your rights or obligations without prior written consent of Agri-Service, which may be withheld at our sole discretion.

Inquiries

Should you have any questions concerning these Terms of Use, write to Agri-Service, LLC, 3858 N Garden Center Way # 300, Boise, ID 83703, Attn: VP, General Counsel.

Agri-Service PRIVACY POLICY

This Privacy Policy (the “Statement“) is provided by Agri-Service LLC (“Agri-Service“, “we” or “us“).

SCOPE OF THIS STATEMENT

This Statement governs the manner in which Agri-Service collects and further Processes Personal Data about individuals who use Agri-Service’s products or services (“you”). We encourage you to read this Statement carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Statement.

Agri-Service MAY COLLECT PERSONAL DATA FROM YOU

Agri-Service may collect Personal Data from you in the following circumstances:

Agri-Service may collect or obtain Personal Data when you visit any Agri-Service website (each a “Site“) or use any features or resources available on or through a Site. When you visit a Site, your device and browser will automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site and other technical communications information) some or all of which may constitute Personal Data.
Agri-Service may collect or obtain the following Personal Data when you download or use an Agri-Service mobile app (each an “App“), as applicable. Agri-Service Apps may record certain information (including App usage statistics, device type, operating system, App settings, IP address, language settings, dates and times of connecting to the App, location data, and other technical communications information) some or all of which may constitute Personal Data. An App may have its own Privacy Policy, which includes more specific information and you should review before using the relevant App.
Agri-Service may collect or obtain Personal Data when you register to use any service provided by Agri-Service via a Site or an App, or log into a Site or an App, including the following: registration details, login name, email address, password, security question and, if applicable, payment details.
Agri-Service may collect or obtain Personal Data when you use any Agri-Service telemetry devices or data recording devices (each a “Device“) including the following: (i) if you purchase a vehicle that is equipped with a Device, Agri-Service may collect Machine Data about the vehicle; and (ii) if you have enabled location-based functions, Agri-Service may collect location data. Furthermore Agri-Service may collect Machine Data when performing inspection, warranty or other services.
Agri-Service may collect or obtain Personal Data when you provide Personal Data to a Agri-Service authorized distributor or reseller (“Dealer“) (whether in person, by mail, by phone, online, via electronic communication or by any other means).
Agri-Service may collect or obtain Personal Data when you contact Agri-Service (whether in person, by mail, by phone, online, via electronic communication or by any other means).
Agri-Service may collect or obtain Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).

Agri-Service MAY RECEIVE PERSONAL DATA ABOUT YOU FROM OTHERS

Agri-Service may receive Personal Data about you from third parties. For example:

Agri-Service may receive Personal Data about you from Dealers, as outlined above.
If you interact with third party content or advertising on a Site or in an App, Agri-Service may receive Personal Data about you from the relevant third party, in accordance with that third party’s applicable privacy policy.
If you choose to make payment directly to Agri-Service, or through a Site or an App, or through a Dealer, Agri-Service may receive Personal Data about you from third parties such as payment services providers, for the purposes of that payment, including the following: purchase details, payment data, credit card data.
To the extent that any credit reference checks are carried out by Agri-Service or on its behalf, in connection with an application for credit, in accordance with Applicable Laws, Agri-Service and/or the relevant Dealer may receive Personal Data about you from credit reference agencies and other third parties, for the purposes of that credit check, including the following: confirmation of whether the reference agency was able to verify your details; and the results of the reference check including your credit rating.
In complying with its obligations under Applicable Laws, Agri-Service may receive Personal Data about you from law enforcement agencies and public authorities.
Agri-Service may receive Personal Data about you from public sources (such as telephone directories, land ownership records, lien records, etc.).
If you interact with any third party content or advertising on a Site or in an App (including third party plugins and cookies), Agri-Service receives Personal Data about you from the relevant third party provider of that content or advertising.

PERSONAL DATA YOU PROVIDE ABOUT OTHERS

In some circumstances, you may provide Agri-Service with Personal Data about others. For example, you might mention another Agri-Service customer when commenting on an ACGO product. Whenever you provide any such Personal Data, you must ensure that this does not violate those third parties’ rights. If you are unsure whether the third party agrees with you providing its Personal Data, please refrain from communicating such Personal Data to Agri-Service.

CATEGORIES OF PERSONAL DATA PROCESSED BY, OR ON BEHALF OF, Agri-Service

The categories of Personal Data that may be Processed by, or on behalf of, Agri-Service under this Statement (to the extent permitted by Data Protection Laws) include:

Personal Details: name; gender; photograph; date of birth; profession; business or employer; sector;
Contact Details: email address; postal address; telephone number; fax number; customer ID;
Data Relating to Sites or Apps: technical data (as outlined above, including device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to a Site, App usage statistics, App settings, dates and times of connecting to the App, location data, and other technical communications information necessary for the operation of the relevant Site or App); username; password; security login details; usage data; aggregate statistical information;
Machine Data: farm management data, land data, agronomic data, vehicle usage statistics; vehicle performance data; driving patterns; engine temperature data; engine performance data; fuel economy data; emissions data; vehicle service status; vehicle location;
Commercial Details: financial details and payment information (including bank details or credit card details provided in connection with a purchase); purchase history (including products, dates, locations and Dealers relating to any purchase); purchase interests; service requests; and
Marketing Data: advertising interests; cookie data; clickstream data; browsing history; responses to direct marketing; and opt-outs from direct marketing.

Lawful basis for Processing Personal Data: In Processing your Personal Data in connection with the purposes set out in this Statement, Agri-Service may, depending on the circumstances, rely on any of the following legal bases:

we have obtained your prior express consent to the Processing;
we have a legitimate interest in carrying out the Processing (including our legitimate interests in operating our business, providing goods and services to you, alerting you to other products or services that may be of interest to you, and maintaining or improving our products or services), and there is no undue risk to your rights, freedoms or interests;
the Processing is necessary in connection with a contract entered into with you, or for your benefit;
the Processing is required by Applicable Laws;
the Processing is necessary to protect the vital interests of any individual; or
any other lawful basis available under Applicable Laws.

Processing your Sensitive Personal Data: Agri-Service does not seek to collect or otherwise Process your Sensitive Personal Data, except where:

the Processing is required or permitted by Applicable Laws;
the Processing is necessary is in order to establish, exercise or defend legal claims;
Agri-Service has obtained your prior explicit consent before Processing your Sensitive Personal Data; or
any other lawful basis for Processing Sensitive Personal Data.

PURPOSES FOR WHICH Agri-Service MAY PROCESS YOUR PERSONAL DATA

Agri-Service may Process your Personal Data for the following purposes in particular, to the extent permitted by Data Protection Laws:

to display the content of a Site, an App or a Device, and any customizations you may select;
to monitor, adapt, update, secure and improve our products and services to you;
to verify your identity and ensure the security of your Personal Data;
to respond to your service requests and support needs;
to understand how individuals collectively use the features of a Site, an App or a Device (or associated vehicle);
to administer content, promotions, surveys or other features of a Site, an App, or a Device;
to send you information relevant to your past purchases and interests, subject to compliance with Applicable Laws regarding direct marketing;
to send you communications regarding administration of your accounts and the features of a Site, an App, or a Device;
to notify you about changes to a Site, an App, or a Device;
to perform data analyses and other Processing (including trend analysis and financial analysis);
to give effect to your legal rights and your rights under this Statement;
to protect against fraud, identity theft, and other unlawful activity;
to establish or exercise Agri-Service’s legal rights or defend legal claims;
to establish, exercise or defend legal claims; and
to comply with Applicable Laws and our other applicable policies.

INTERNATIONAL TRANSFERS OF PERSONAL DATA

We may make use of Processing facilities controlled or operated by members of our corporate group, or our third party service providers, located in jurisdictions other than the jurisdiction in which your Personal Data were originally collected. In particular, the content and features of a Site, an App or a Device may be provided by means of servers located outside your jurisdiction (including, but not limited to, servers located in the United States). Your Personal Data may be transferred to, and Processed using, those servers or other Processing facilities, as part of the operation of a Site, an App or a Device, or in connection with any of the Processing purposes set out in this Statement, subject always to compliance with the provisions of Applicable Laws (e.g., by implementing EU Standard Contractual Clauses, where appropriate). These transfers are necessary in order to provide our products and services to you in an efficient and effective manner. By providing Personal Data to Agri-Service under this Privacy Policy, you acknowledge that your Personal Data may be transferred to locations outside your jurisdiction. If you do not wish for your Personal Data to be transferred to other jurisdictions, please do not provide your Personal Data to Agri-Service, nor use any Sites, Apps or Devices.

PROTECTION OF YOUR PERSONAL DATA

Agri-Service is committed to Processing your Personal Data securely. We adopt appropriate data Processing practices, and appropriate technical and organizational security measures, to protect against unauthorized access, alteration, disclosure or destruction of Personal Data. The Internet is not, in itself, a secure environment and we cannot provide an absolute assurance that your Personal Data transferred using the Internet will be secure at all times. Transmission of Personal Data over the Internet is at your own risk and you should only use secure systems to access Sites, Apps or Devices.

You are responsible for keeping your access credentials for each Site, App and Device safe and confidential. You should frequently change your access credentials and you must notify Agri-Service promptly if you become aware of any misuse of your access credentials, and immediately change your access credentials.

DISCLOSURE OF YOUR PERSONAL DATA

We will not sell, trade, or rent your Personal Data to others without your consent. We may, however, share or disclose your Personal Data to third parties in the following circumstances:

We may disclose your Personal Data to employees and agents of Agri-Service, to the extent necessary to provide the services.
We may share your Personal Data with recipients within Agri-Service, for the purposes of operating our business, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
We may share your Personal Data with recipients outside Agri-Service, including Dealers, for the purposes of operating our business, operating Sites, Apps or Devices, providing you with products or services you have selected, or otherwise for the purposes set out in this Statement.
We may use third party service providers to help us operate our business, operate Sites, Apps or Devices, provide you with products or services you have selected, or to administer activities on our behalf, such as sending out newsletters or surveys. We may share your Personal Data with such third parties for the purposes set out in this Statement.
We may share aggregate demographic information with our business partners, trusted affiliates and advertisers for the purposes outlined in this Statement. While we make all reasonable efforts to ensure that such information is anonymized, it is possible that your Personal Data may be disclosed.
Subject to obtaining your consent, we may share your Personal Data with our third party marketing partners, for direct marketing purposes. You may withdraw your consent at any time, or object at any time to the Processing of your Personal Data for direct marketing purposes.
If you make a payment via a Site or an App, or directly to Agri-Service or a Dealer, your Personal Data may need to be provided to third parties (e.g., payment services providers) for the purposes of facilitating those payments.
If we sell, merge or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, liquidation or other restructuring), we may disclose your Personal Data to the prospective seller or buyer, or their representatives, provided that we have first taken reasonable steps to ensure the security and confidentiality of your Personal Data.
We also may disclose your Personal Data: (i) to the extent necessary to establish, exercise or defend legal claims; (ii) if required by Applicable Laws or regulations; (iii) in response to requests from government agencies and law enforcement authorities; (iv) when disclosure is necessary or appropriate to prevent physical harm or material financial loss; or (v) for the purposes of investigating unlawful activity.

THIRD PARTY SERVICES

You may encounter advertising or other content on any Site, App or Device that may link to websites or services of Agri-Service’s partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these third party websites or services, and we are not responsible for the practices employed by third party websites or services linked to or from any Site, App or Device. These websites and services may be subject to their own privacy policies and terms of use.

AGRI-SERVICE TCPA AND DO NOT CALL POLICY

Agri-Service is firmly committed to compliance with the Telemarketing Consumer Protection Act of 1991 (TCPA) (47 U.S.C.S. § 227) and protecting and respecting your rights to privacy. It is our policy that all personnel and third-party service providers abide by applicable TCPA requirements and restrictions.

The TCPA is a broad consumer protection statute that restricts telemarketing, autodialed, and pre-recorded calls and messages to residential and wireless telephone numbers and regulates facsimile advertisements. See 47 U.S.C.S. § 227. The TCPA was enacted in response to public concern about automatic telephone dialing systems (“ATDS”), artificial and pre-recorded phone calls, and unsolicited facsimile advertisements. Agri-Service and any third-party service providers who contact consumers using telephone calls, text messages, or fax, are subject to TCPA restrictions.

To comply with the TCPA, Agri-Service will request your written consent to send texts for marketing, advertising, and informational purposes. Your consent is not a condition for purchasing our goods or services. By opting-in to receive our text messages, you accept Agri-Service’s Privacy Policy, and grant permission to Agri-Service, and any related affiliates or third parties, to contact you on the phone number that you provide to Agri-Service. For more information about how we may collect and use your information, please see our Privacy Policy at www.westernstatescat.com/privacy-policy/. We implement appropriate security measures to protect your personal information. Access to your information is restricted to authorized personnel only, and we regularly review our security practices to ensure the safety of your data.

By providing your phone number and subscribing to our SMS messaging services, you consent to receive SMS messages from us. You may revoke consent or opt-out through any reasonable means, including emailing us at marketing@agri-service.com or texting “STOP” to (208) 644-8666. Please note that message and data rates may apply depending on your service plan.

We also maintain a list of the telephone number(s) and name(s) (if provided) for consumers who do not wish to receive telephone contact. Upon request, your telephone number(s) will be added to our internal Do Not Call list within 30 business days of receipt of such request. This record will be retained for at least five years. This list will be updated every 30 days.

It is our policy to respect the wishes of customers and prospective customers. We will not make telephone solicitation calls to:

Any person who has requested that we not make such calls to their residential or wireless telephone lines; and
Any person who has put their residential or wireless phone number on a national or state Do Not Call Registry, except as otherwise permitted by law.

Any person can by placed on our Do Not Call List by:

Sending a written request to Mariah Hebbeln , Attn: Marketing Dept.
Emailing Agri-Service, LLC at marketing@agri-service.com

Your request must provide the 10-digit telephone number that is not to be called and your name. Once a request has been made, we will add the telephone number and name to our Do Not Call list within thirty (30) days. We will maintain the telephone number and name on our Do Not Call list for five (5) years, unless a request is made by you to have the number removed. If your telephone number changes, then another request must be submitted to have the new number added to our Do Not Call list. We intend to comply with all federal and state Do Not Call laws.

DIRECT MARKETING

As set out in this Statement, we, may contact you via email, text message, or other electronic means, from time to time, to provide you with information relating to products or services that may be of interest to you. If you wish to unsubscribe from these communications, we include detailed unsubscribe instructions in each such communication. Alternatively, you may use the unsubscribe features provided through our Sites and Apps.

Please note that, in the event that you unsubscribe from receiving communications relating to marketing or advertising, we may nevertheless continue to contact you for the purposes of carrying out your instructions, enabling you to make any purchases you request, administration of your account, or as required or permitted by Applicable Law.

COOKIES

A cookie is a small file that is placed on your device when you visit a website. It records information about your device, your browser and, in some cases, your preferences and browsing habits. We may Process your Personal Data through cookie technology, in accordance with our Cookie Policy, as set forth below.

DATA RETENTION

We will only retain your Personal Data for as long as we require those Personal Data in connection with the purposes set out in this Privacy Policy. We may also be required to retain your Personal Data for additional periods of time, for example, where required to do so by Applicable Laws.

Agri-Service offers data subjects the opportunity to define, during their lifetime, the instructions that should be followed after their death with regard to their personal data. Should the data subject pass away without leaving clear instructions about how to manage their personal data, we can also work with immediate family members and representatives to remove personal data of a deceased person where appropriate. In certain circumstances we may provide beneficiaries of deceased data subjects with reasonable information on the data held about the deceased data subject by Agri-Service. We shall not provide passwords or other login details. Any decision to respond to a request regarding a deceased data subject will need to be balanced against the obligation to keep information secure, safe, and private.

PERSONAL DATA OF CHILDREN

We do not knowingly collect or further Process Personal Data of children under 16 years of age. We ask parents or legal guardians to assist us by supervising the activities of children in relation to our Sites, Apps and Devices, and by not allowing them to submit any Personal Data through and Site, App or Device.

TERMS OF USE

Use of our Sites, Apps and Devices, and our products and services, are subject to applicable Terms of Use.

YOUR RIGHTS

It is your responsibility to ensure that your Personal Data held by Agri-Service is complete, accurate and up-to-date. Subject to Applicable Laws, you may have the following rights:

the right to request access to, or copies of, your Personal Data that we Process;
the right to request correction of any inaccuracies in your Personal Data;
the right to object, on legitimate grounds, to the Processing of your Personal Data;
the right to request, on legitimate grounds:
- erasure of your Personal Data that we Process; and
- restriction of Processing of your Personal Data that we Process;
the right to have your Personal Data transferred to another Controller, to the extent applicable;
where we Process your Personal Data on the basis of your consent, the right to withdraw that consent; and
the right to lodge complaints regarding the Processing of your Personal Data with a Data Protection Authority.

This does not affect your statutory rights. You may exercise any of these rights by using the contact details provided below.

CONTACT DETAILS

If you have any questions about this Privacy Policy, our Processing of your Personal Data, or your dealings with a Site, an App or a Device, please contact us at Agri-Service, LLC, 3858 N Garden Center Way # 300, Boise, ID 83703, Attn: VP, General Counsel:

If you contact us, we will endeavor to investigate and attempt to resolve each query or complaint within one month, or such other period as may be required under Applicable Laws.

ACCEPTANCE OF THIS POLICY

By using any Site, App or Device, you are deemed to have accepted this Policy. If you do not accept the terms set out in this Policy, you must not use any Sites, Apps or Devices.

AMENDMENTS TO THIS POLICY

Agri-Service may amend, revise or update this Privacy Policy at any time, without providing you with any specific notice. You are encouraged to frequently check this Policy for any changes, and to stay informed about how we are helping to protect your Personal Data. Your continued use of any Site, App or Device is deemed to be acceptance of any amendments to this Policy.

Agri-Service COOKIE POLICY

This Cookie Policy applies to the websites operated or controlled by Agri-Service, LLC (“Agri-Service”).

WHAT ARE COOKIES?

Cookies are small text files that may be stored on your computer or other device when you visit a website. They are generally used to make websites work, to keep track of your movements within the website, and to remember your login details etc.

There are different types of cookies, and they can be distinguished on the basis of their origin, function and lifespan. Important characteristics of cookies include the following:

First party cookies are cookies that are stored by the website you are visiting, while third party cookies are stored by a website other than the one you are visiting. Please note that we do not control the collection or further use of data by third parties. We may use third party cookies for purposes that include social listening (i.e., we may receive information from third party social media services that you use, where that information is relevant to our brand). You may control such cookies, as set out below.
Necessary cookies are necessary to allow the technical operation of a website (e.g., they enable you to move around on a website and to use its features).
Performance cookies collect data on the performance of a website such as the number of visitors, the time spent on the website and error messages.
Functionality cookies increase the usability of a website by remembering your choices (e.g. language, region, login, and so on).
Targeting/advertising cookies enable a website to send you personalized advertising.
Session cookies are temporary cookies that are erased once you close your browser while persistent or permanent cookies stay on your device until you manually delete them or until your browser deletes them based on the duration period specified in the persistent cookie file.
Maps, Personalization & Analytics: These cookies gather user data to personalize content and provide targeted advertising, map functionality, as well as to track website metrics for analytical purposes.

WHY DO WE USE COOKIES?

We may use cookies to:

improve the use and the functionality of our website;
tailor our website and products to your needs and preferences;
process your purchase orders; and
analyze how our website is used and compile anonymous and aggregate statistics.

We do not use the collected information to create user profiles.

WHAT TYPES OF COOKIES DO WE USE?

Please note that the processing of your personal data in connection with cookies, and for other purposes, is governed by our Privacy Policy, as set forth above.

Many of Agri-Service’s websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this website. By using any of Agri-Service’s websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

HOW CAN YOU CONTROL COOKIES AND WEB BEACONS?

Most internet browsers are set to automatically accept cookies. Depending on your browser, you can set your browser to warn you before accepting cookies, or you can set it to refuse them. Please refer to the ‘help’ button (or similar) on your browser to learn more about how you can do this.

Disabling cookies may impact your experience on our websites.

If you use different devices to access our websites, you will need to ensure that each browser of each device is set to your cookie preference.

WEBSITES TO WHICH THIS POLICY APPLIES

This Policy applies to the following websites that are operated or controlled by Agri-Service.

SOCIAL MEDIA TERMS & CONDITIONS

By submitting content through any of Agri-Service’s social media channels, I hereby agree to the following Terms & Conditions:

USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, LIKENESS and INTELLECTUAL PROPERTY. I hereby grant to Agri-Service, LLC (“Agri-Service“), its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the “Permitted Parties“) a non-exclusive, irrevocable (except as specified in Section 3 herein under Takedown), unlimited, perpetual, royalty-free, fully-sublicensable, fully paid up, worldwide license, and the right(s) and permission(s) to use my name and/or handle, image(s), and likeness, and the text and photograph(s) and/or video(s) posted to a social media platform including, but not limited to X (fka Twitter), Facebook, Instagram, TikTok and any other social media platform, by using the Permitted Parties’ promotional hashtag (collectively, the “Content”) on the www.Agri-Service.com, and other websites controlled by Agri-Service or its subsidiaries and affiliated companies (collectively, “Agri-Service Websites”), Facebook, Instagram, TikTok, X (fka Twitter), other social media platforms and other websites (collectively, “Platforms”), and in other print, audio and video marketing and advertising avenues (“Advertising”).

I agree that the Content may be used, copied, distributed, published, exhibited, digitized, publicly displayed, reproduced, altered, edited, manipulated, and otherwise used via any medium and by whatever means, in whole or in part, anywhere in the world, at any time, for an unlimited number of projects, for any and all purposes of advertising, marketing or trade in promoting and publicizing the Permitted Parties.

I agree that I shall have no right of approval, no claim to compensation (including, but not limited to royalties), and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, copyright infringement or trademark infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content. Furthermore, I irrevocably waive any and all so-called moral rights I may have in the Content. To the extent I provide any personal information, I agree to comply with Agri-Service’s Privacy Policy, as set forth above.

COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Platforms, I will be in full compliance with the terms and conditions of such Platforms.

You should carefully read the privacy policies and statements of any such Platforms.

TAKEDOWN. If I want my Content removed from the Platforms, Agri-Service Websites and Advertising, I will send an e-mail message to: marketing@agri-service.com.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION BY USER. I represent and warrant: (a) I am 18 years old or older; (b) I have the legal right to post the Content; (c) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity, trademark, patent and/or copyright, of any other person or entity or any applicable laws; (d) the Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and (e) the Content does not contain any advertising or other commercial content.

I hereby agree to indemnify, defend and hold harmless each of the Permitted Parties from and against any and all claims, lawsuits, demands, actions or other proceedings of any kind brought against it by any third party and from any and all damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding: (a) relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder, (b) violation of these Social Media Terms And Conditions, or (c) violation of any law(s), regulation(s) or third party rights.

I shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by the Permitted Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

5. TERMS OF USE AND AGRI-SERVICE SOCIAL MEDIA COMMUNITY GUIDELINES. Except as otherwise expressly set forth in these Social Media Terms and Conditions, I hereby understand and agree to the Terms of Use located on Agri-Service’s website(https://agri-service.com) and such Terms of Use are hereby incorporated as if fully set forth herein. I further agree to comply with the Agri-Service Social Media Community Guidelines, as set forth below.
NO OBLIGATION TO USE. I understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Platforms, Agri-Service Websites, or Advertising at any time for any reason in Permitted Parties’ sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another’s rights, including, without limitation, privacy, publicity or intellectual property rights.

AGRI-SERVICE SOCIAL MEDIA COMMUNITY GUIDELINES

Agri-Service’s social media accounts are a place where you can learn about the latest news from Agri-Service, while engaging in a respectful dialogue between Agri-Service, our current and prospective customers, and all those interested in our company and our brands from around the world.

Our goal with Agri-Service social media accounts (including all Agri-Service-related pages about AGCO products and other corporate brand pages) is to offer an official destination where we can share interesting and entertaining Agri-Service content and dialogue.

Agri-Service Terms of Use:

Agri-Service social media accounts are intended to provide a place to discuss Agri-Service’s products, services and promotions. All comments, visuals, videos and other type of material posted by you or other parties on the sites (“User Content“) do not necessarily reflect the opinions or ideals of Agri-Service, its employees or affiliates. Agri-Service (a) does not represent or guarantee the accuracy of any User Content or warrant any product claims made, (b) is not responsible for any User Content on the site, and (c) does not endorse any opinions expressed.

You are solely responsible for your content posted to Agri-Service’s social media accounts. Do not post anything you would not want to share publicly. To remain in good standing with our community, we ask that you respect the following guidelines when posting content on our accounts. We will moderate Agri-Service social media accounts, and any content falling outside of the guidelines below are subject to being removed. Agri-Service reserves the right to remove any content it deems inappropriate or, if necessary, block or ban you from Agri-Service social media accounts, in our sole and unrestricted discretion.

By using or accessing Agri-Service’s social media accounts, you agree to comply with each accounts’ terms and conditions of use.

PARTICIPATION GUIDELINES FOR AGRI-SERVICE

Be Respectful.Always be fair and courteous to all Agri-Service account posters who may be fellow associates, customers, members, suppliers or people who work on behalf of Agri-Service. We have a diverse group of employees, customers, clients, and individuals, comprised of people throughout the community, which may mean that opinions will differ. Please recognize you can debate and be constructive, without being disrespectful in your comments and posts.
Please, no spam.Please keep all comments related to the subject matter of the post, as off-topic or spam posts are subject to deletion, including posts advertising goods and services. Excessive or repetitive posting that does not meaningfully contribute to the forum may also be removed.
Know and Follow the Rules. Inappropriate postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated. Agri-Service will remove any content that it considers in violation of these guidelines.

Agri-Service reserves the right to remove any content that is:

Defamatory, libelous, fraudulent, abusive, harassing, stalking in nature, a threat of violence or otherwise violates the legal rights (such as rights of privacy and publicity) of others.
Obscene, indecent, sexually explicit, hateful, illegal, and disparaging of customers, members, associates or suppliers or that might constitute harassment or similar inappropriate or unlawful material.
Containing software or other material protected by copyright, trademark or other intellectual property laws (or by rights of privacy or publicity), unless you own or control the rights or have received all necessary consents.
Carrying viruses, contains corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Falsifying the origin or source of software or other material contained in a file that is uploaded.
Portraying unsafe operation of equipment, including, but not limited to, unsafe depictions of children or animals on or near equipment.
Promoting or referring to any activity that is illegal.

Agri-Service may share your posts. Our pages are filled with great photos and posts from our employees, customers, clients, and individuals. By submitting your post through Agri-Service’s pages, you grant Agri-Service the right to use, display or distribute your content, including any and all intellectual property, ideas, or concepts contained in your post, as well as your name, image, and likeness without payment or compensation to you, and without seeking any further approval from you. Without limiting any of those rights, Agri-Service may distribute, use, or refer to your posts, comments, or submissions.
Follow the Rules of any Applicable Social Network or Third-Party Site. All activity on any social network or third-party site is subject to the terms and conditions imposed by such social network or site. If you do not comply with their terms and conditions, content may be removed, or other action taken by the social network or site in its discretion. We are not responsible for the activities of such social networks or third parties and do not control their privacy and data security policies and practices.

AGRI-SERVICE’S COMMITMENT TO THE COMMUNITY

We appreciate you following these guidelines. Agri-Service is committed to being active across all of our social media properties, providing engaging content and a place for employees, customers, clients, and individuals to discuss Agri-Service’s products, services and promotions. We take an active role in engaging our community by reading and replying to comments when questions are specifically presented to us. As representatives employed by Agri-Service, it gives us no larger sense of pride than to know that the information we share and discuss with you is enjoyable, discussable, and shareable between your own online communities.

We reserve the right to alter these Agri-Service Community Social Media Guidelines at any time, for any reason, with or without prior notification to you. If you have any questions regarding these guidelines or wish to report inappropriate content posted on this page, please contact us immediately at marketing@agri-service.com.

SOCIAL MEDIA TERMS & CONDITIONS

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