PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE.
THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF WWW.AXA-EQUITABLE-AG.COM AND AXA EQUITABLE AGRIFINANCE, LLC (COLLECTIVELY, THIS "SITE"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY AXA EQUITABLE AGRIFINANCE, LLC IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS OF USE REGULARLY.
For purposes of these Terms and Conditions of Use, the term "The Company" includes AXA Equitable AgriFinance, LLC, and all of its members, parents, subsidiaries, and affiliates.
Restrictions on Use
You may use this Site only for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without The Company's prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site without the express prior written consent of an authorized representative of The Company. For purposes of these Terms and Conditions of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content (as defined below) accessible within this Site. You agree to cooperate with The Company in causing any unauthorized co-branding, framing, or linking to immediately cease.
The information and content accessible on or generated by this Site, and any other site owned, operated, licensed, or controlled by The Company (the "Content") is proprietary information of The Company or its licensor and The Company or its licensor retains all right, title, and interest in and to the Content. Content may not be copied, reproduced, performed, displayed, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of The Company, which may be withheld in its sole discretion, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions of Use violates The Company's or its licensor's intellectual property rights. Neither title nor intellectual property rights are transferred to you by your use of or access to this Site.
The Company may provide hyperlinks to other sites (“Third Party Sites”). Third Party Sites are not maintained by, related to, or sponsored or affiliated by, The Company and are provided as a service and convenience to you. The Company has not reviewed Third Party Sites and is not responsible for their content. Third Party Sites are to be accessed at your own risk, and The Company makes no representations or warranties about the content, or the completeness, accuracy or security of Third Party Sites. A hyperlink to a service or site is not an endorsement of the service or site, its content, or its sponsoring organization. Furthermore, The Company is not liable for any direct or indirect computer system damage or other problems you may incur as a result of clicking on a link to any Third Party Site.
What Information is Collected by this Site
In general, you can visit this Site while remaining anonymous by not providing any Personal Information (as defined by applicable law). In some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the website from which you linked to this Site. Personal Information about you (e.g., your name, address, telephone number, SSN, and/or e-mail address) will not be collected unless you provide it to us voluntarily. For example, The Company retains e-mail addresses of visitors who respond to this Site’s e-mail forms and online forms. The Company may also retain information about the frequency of Site visits, duration of each visit, and aggregate information on which Site pages you access.
The Company sends Site visitors "cookies", a small data file sent by the Site to your browser, which may then be stored on your hard drive. The Company’s cookies enable the Site to recognize you if you have utilized certain Site features. In addition, the cookies may recall information so that you do not have to resubmit it, and also automatically update Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them.
You understand that The Company cannot and does not guarantee or warrant that Content available for downloading from this Site or the Internet will be free of viruses, worms, Trojan Horses, or other malicious code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet or this Site, nor does The Company assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this Site or your transmission of sensitive information through this Site or any hyperlinked sites.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF PRINCIPAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THIS SITE, EVEN IF THE COMPANY OR A REPRESENTATIVE AUTHORIZED BY THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold The Company, its parents, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions of Use by you, including any use of Content other than as expressly authorized in these Terms and Conditions of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to your use of the Content accessed from this Site.
Trademarks, Service Marks and Copyrights
The stylized AXA EQUITABLE AGRIFINANCE logo is a federally registered trademark of AXA EQUITABLE AGRIFINANCE, LLC. Unless otherwise specifically noted images, trademarks, service marks, logos, and icons displayed on this Site are the property of The Company or its licensors and may not be used without The Company's prior written consent. The Company and its licensors retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on this Site. Any unauthorized use of the images may violate copyright, trademark, privacy and publicity laws and regulations.
We Are Not Providing Investment Advice, Soliciting Offers or Selling
The information contained on this Site does not constitute investment advice, and is not an offer to sell or a solicitation to buy any security or any insurance product. All insurance and/or securities transactions require signed agreements between The Company and its customers, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that your use of this Site constitutes your agreement to the additional Terms and Conditions of Use applicable to such use. By using this Site, you accept at your own risk that the Internet and online communications medium may not perform as intended. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products may not be available in all jurisdictions.
Violations of Rules and Regulations
The Company reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to this Site.
The Company recognizes that e-mail can be the preferred mode of communication for some of its customers. If at the time of your election to transact business electronically with The Company, you provided your e-mail address to The Company, The Company may use, and you hereby permit The Company to use, this e-mail address to contact you or reply to your inquiries regarding potential agricultural business loans.
Also, once you have requested information from The Company via e-mail, The Company may communicate with you via e-mail regarding your request to provide additional information related to your initial information request. However, The Company will never ask you to send personal information such as account or Social Security numbers by non-secure e-mail. The Company may require certain e-mail communications to be conducted through secure or encrypted e-mail. It is your responsibility to maintain accurate records with The Company and to update your e-mail address if it changes.
Additionally, certain portions of this Site may offer you the ability to e-mail a message to The Company even if you have not elected to transact business electronically with The Company. E-mail functionality, if any, is provided to you to facilitate communications between you and The Company. You agree, however, that you will not use e-mail to request, authorize, or affect the purchase or sale of any securities or other product or service, to change your address or other account information, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or The Company's policies and procedures. Any such requests, orders, or instructions that you send to The Company by e-mail will not be accepted or processed by The Company. The Company shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders, or instructions. Moreover, The Company shall have no liability for any loss or damage that result from interception and/or unauthorized use by third parties of any information you send by e-mail.
This Site does not intend to market any products or services to children under thirteen (13) years of age. The Company does not knowingly gather or solicit data from children under thirteen (13) years of age through this Site for marketing purposes. By using this Site you represent that you are not under thirteen (13) years of age.
These Terms and Conditions of Use will be governed and interpreted pursuant to the laws of the state of Iowa, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and The Company arising out of these Terms and Conditions of Use pertaining to this Site. The parties to these Terms and Conditions of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in the state or federal courts having jurisdiction within Cedar Rapids, Iowa. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The Company may revise these Terms and Conditions of Use at any time by updating this posting. These Terms and Conditions of Use constitute the entire agreement between The Company and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises.