Terms Of Use
Effective Date: September 2024
This website (“Site”) is published, owned, and operated by or on behalf of Land O’Lakes, Inc., its affiliates, subsidiaries, and related entities (the “Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of this Site and all websites where these Terms are posted, including any subdomains and mobile versions (collectively, the “Sites”) as well as any of our Services (defined below) on which these Terms are posted.
By accessing, browsing, submitting information to and/or using the Services, you (referred to throughout the Terms as “you”) agree and acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives, in connection with your use of the Services. If you are using our Services on behalf of a third party (for example, if a retailer is using a Service on behalf of a farmer), you represent and warrant that you have the authority of that third party to enter information and otherwise use the Service, including the authority to enter into these Terms and any other agreements or transactions you may enter within our Services, on that party’s behalf. If you do not agree to the Terms, please do not use the Services.
1. Overview of the Services.
The Services are provided for various purposes. Some are solely for informational purposes and the purposes of enabling communication between you and the Company. Others may have specific programs, may enable you to place orders online, or may have other services, offerings, or features. We may also provide mobile applications, agricultural technology tools, portals, platforms, and other services, which may be provided to our members, customers, consumers, retailers, dealers, farmers, or others (collectively, together with the Sites, our “Services”). To the extent new content or features are added to our Services in the future, your use thereof is subject to these Terms. The information provided on the various Services is typically intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
2. Use of the Services and Content.
The Company grants you a non-exclusive right to access and use the Services and the data, material, content or information therein (collectively, the “Content”) as reasonably necessary for you to use the Service as intended and in accordance with these Terms and any Additional Terms applicable to the Service, as described below. For many of our Services, the Content is intended solely for your personal use. However, some of our Services are intended for businesses, such as those with features and programs for farms/farmers, retailers, dealers, and other organizations. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws.
Although some of our Services may contain an “ask an expert” feature, we do not warrant the accuracy, completeness, or usefulness of any opinions you may obtain from them, or any other Content on our Services. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such Content.
3. Additional Terms
Our Privacy Notice describes the information we collect when you and others use our Services, as well as how we use that information, and some of the steps we take to protect your privacy. By accessing or using any of our Services on which our Privacy Notice is posted or into which it is incorporated, you are also consenting to our use of your personal information in accordance with our Privacy Notice.
Our Services may provide access to areas where you may purchase our products or services, gain access to analytics or other functions, or otherwise interact with various segments of our Company. Some of our Services have additional terms and conditions (“Additional Terms”), such as purchase terms or shipping and return policies applicable when you make a purchase on one of our Services. Other Services may require that you take additional steps prior to gaining access to those Services. You may be asked to expressly consent to the Additional Terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than these Terms of Use, the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by, and as set forth in, the Additional Terms.
Certain areas of the Services and some payment processing functions, may be operated on our behalf by third parties, and may be subject to the terms of use and/or privacy policies of those parties. We are not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit our online stores or other areas operated by third parties.
4. User Account Responsibility.
In order to access certain areas and functionality on our Services, you may need to register for an account, including a username and password. You are responsible for maintaining the confidentiality of your account and your username and password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
5. Purchases on our Services
If you are using one of our Services with products or services available for purchase, the terms in this section (as well as any applicable Additional Terms) will apply to the purchase transactions and the applicable sections of our Services through which the purchase transactions are made. Some of the Services through which we sell products are operated by third parties on our behalf.
Please note that while we use reasonable efforts to provide accurate descriptions and depictions of our products, as well as the pricing, the descriptions and images may not always be accurate, and we may occasionally have typographical errors in descriptions or pricing information. As a result, we do not guarantee that any information on our Services regarding products available for purchase is completely accurate or complete. We reserve the right to correct any inaccuracies, omissions or errors in such information, at any time, without prior notice (which in some cases may be after you have submitted your order). Please note that availability of all products listed on our Services cannot be guaranteed.
We reserve the right to refuse or cancel any order in our discretion. In addition, we reserve the right to limit quantities purchased by any individual, company or account. Purchases made through our Services will require submission of an approved method of payment. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting your payment information through any of our Services, you are providing your payment information to us or to our third party payment processors and other service providers who will help us to process and ship your order. You agree to pay all charges incurred as a result of your purchases, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method you have provided. In addition, you remain responsible for any taxes that may be applicable to your transactions. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
6. Prohibited Uses. You agree that you will not:
7. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.
You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Notice. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You may opt out at any time by following instructions from the Company and as described in the Privacy Notice.
Not all mobile devices may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
8. Third-party Sites.
Our Services may contain links to websites controlled or operated by persons and companies other than the Company, or we may link to, host or operate websites as a service for retailers or our other partners (“Third-party Sites”). Third-party Sites are not under the control of the Company, and the Company is not responsible for the contents of any Third-party Site, including without limitation any link contained on a Third-party Site, or any changes or updates to a Third-party Site. The Company is not responsible if the Third-party Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Third-party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third-party Site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Third-party Sites. You are solely responsible for any dealings with any third parties, even if they support the Company or are identified in the Services, including any delivery of and payment for goods and services.
9. Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Services and third party Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
10. Intellectual Property Notices.
The Services and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Services or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
User-Generated Content. Unless otherwise specified on a specific Service or at the time and place of disclosure, any Content you create or own and which you post or otherwise provide to us for the purpose of having such content made available on one of our Sites, or for the purpose of sharing it publicly through one of our Services, or otherwise making such content publicly available on one of our Sites, such as comments posted to discussion boards, reviews of products available on our Services, or other content you may contribute for public viewing (“User-Generated Content”) remains owned by you. In sharing any User-Generated Content on the Services, you warrant and represent you have the legal right to use your User-Generated Content and, unless otherwise specified on a specific Service or at the time and place of disclosure, you grant the Company an irrevocable, perpetual, royalty-free, fully paid up, worldwide, non-exclusive license to reproduce, display, modify, distribute, create derivative works of, and otherwise use your User-Generated Content for any purpose whatsoever, including without limitation for advertising or other commercial purposes, or otherwise in connection with our business , without any obligation to provide notice or attribution to you with regard to any such use. When you post any User-Generated Content on our Services, it will be visible to others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on our Services. You understand that any unauthorized use of such intellectual property may result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Services or otherwise will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as our confidential information. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
11. Digital Millennium Copyright Act Compliance.
Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
(iii) 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 Company to locate the material;
(iv) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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;
(vi) a statement that the information in the notification is accurate; and
(viii) 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. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is the Company’s policy to terminate the accounts of repeat infringers, in accordance with the DMCA.
Any notifications and counter-notifications of claimed infringement may be sent to Company’s Copyright Agent at copyrights@landolakes.com.
12. United States Only.
The Company is based in the state of Minnesota in the United States. We make no claims that the Services or any of their contents are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.
13. Disclaimer.
ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND UNLESS AND TO THE EXTENT ANY WARRANTIES ARE EXPRESSLY INCLUDED IN THE ADDITIONAL TERMS FOR ANY SERVICE. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR INACCURATE CONTENT POSTED BY, OR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF, OTHER THIRD PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEN THE AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.\
14. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE SERVICES OR ANY THIRD-PARTY SITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES WITH REGARD TO YOUR USE OF ANY SERVICES TO WHICH THESE TERMS APPLY, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
15. Indemnity.
You agree to defend, indemnify and hold harmless the Company and its affiliates, subsidiaries licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Content, Services, or products other than as expressly authorized in these Terms or as expressly set forth in any Additional Terms, or your use of any information obtained from the Services.
16. Modifications and Interruptions.
We reserve the right to modify or discontinue all or any portion of our Services at any time with or without notice to you. We will not be liable if we choose to exercise this right.
17. Termination and Restriction of Access.
In its sole discretion, the Company may terminate or suspend your access to the Services for any reason, at any time, without notice, including for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
18. Arbitration.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Services, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law. Any such arbitration will take place in Minneapolis, Minnesota. By using any of the Services, you hereby consent to submission of any dispute to be final and binding arbitration.
19. Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
20. Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Minnesota, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Minneapolis, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the Services.
22. Changes to these Terms of Use.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).
22. General.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Services. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Other than as may be set forth in any Additional Terms, these Terms, including the Privacy Notice and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company related thereto. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. Company Contact Information.
Because these Terms apply to many subsidiaries within the Company as applicable to different Services, if you have questions or would like to contact us with regard to any particular Service, please use the method described on the “Contact Us” page for that Service. In addition, general questions can be directed to the Company at: ContractsAdministrator@landolakes.com.
This website (“Site”) is published, owned, and operated by or on behalf of Land O’Lakes, Inc., its affiliates, subsidiaries, and related entities (the “Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern your access to and use of this Site and all websites where these Terms are posted, including any subdomains and mobile versions (collectively, the “Sites”) as well as any of our Services (defined below) on which these Terms are posted.
By accessing, browsing, submitting information to and/or using the Services, you (referred to throughout the Terms as “you”) agree and acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives, in connection with your use of the Services. If you are using our Services on behalf of a third party (for example, if a retailer is using a Service on behalf of a farmer), you represent and warrant that you have the authority of that third party to enter information and otherwise use the Service, including the authority to enter into these Terms and any other agreements or transactions you may enter within our Services, on that party’s behalf. If you do not agree to the Terms, please do not use the Services.
1. Overview of the Services.
The Services are provided for various purposes. Some are solely for informational purposes and the purposes of enabling communication between you and the Company. Others may have specific programs, may enable you to place orders online, or may have other services, offerings, or features. We may also provide mobile applications, agricultural technology tools, portals, platforms, and other services, which may be provided to our members, customers, consumers, retailers, dealers, farmers, or others (collectively, together with the Sites, our “Services”). To the extent new content or features are added to our Services in the future, your use thereof is subject to these Terms. The information provided on the various Services is typically intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
2. Use of the Services and Content.
The Company grants you a non-exclusive right to access and use the Services and the data, material, content or information therein (collectively, the “Content”) as reasonably necessary for you to use the Service as intended and in accordance with these Terms and any Additional Terms applicable to the Service, as described below. For many of our Services, the Content is intended solely for your personal use. However, some of our Services are intended for businesses, such as those with features and programs for farms/farmers, retailers, dealers, and other organizations. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws.
Although some of our Services may contain an “ask an expert” feature, we do not warrant the accuracy, completeness, or usefulness of any opinions you may obtain from them, or any other Content on our Services. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such Content.
3. Additional Terms
Our Privacy Notice describes the information we collect when you and others use our Services, as well as how we use that information, and some of the steps we take to protect your privacy. By accessing or using any of our Services on which our Privacy Notice is posted or into which it is incorporated, you are also consenting to our use of your personal information in accordance with our Privacy Notice.
Our Services may provide access to areas where you may purchase our products or services, gain access to analytics or other functions, or otherwise interact with various segments of our Company. Some of our Services have additional terms and conditions (“Additional Terms”), such as purchase terms or shipping and return policies applicable when you make a purchase on one of our Services. Other Services may require that you take additional steps prior to gaining access to those Services. You may be asked to expressly consent to the Additional Terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than these Terms of Use, the Additional Terms will supplement or amend these Terms of Use, but only with respect to the matters governed by, and as set forth in, the Additional Terms.
Certain areas of the Services and some payment processing functions, may be operated on our behalf by third parties, and may be subject to the terms of use and/or privacy policies of those parties. We are not responsible for any aspect of these third-party service providers or websites, including any purchases made on those sites. Please review any terms and conditions that may apply if and when you visit our online stores or other areas operated by third parties.
4. User Account Responsibility.
In order to access certain areas and functionality on our Services, you may need to register for an account, including a username and password. You are responsible for maintaining the confidentiality of your account and your username and password. You are responsible for all activities that occur under your account and you agree to notify the Company immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
5. Purchases on our Services
If you are using one of our Services with products or services available for purchase, the terms in this section (as well as any applicable Additional Terms) will apply to the purchase transactions and the applicable sections of our Services through which the purchase transactions are made. Some of the Services through which we sell products are operated by third parties on our behalf.
Please note that while we use reasonable efforts to provide accurate descriptions and depictions of our products, as well as the pricing, the descriptions and images may not always be accurate, and we may occasionally have typographical errors in descriptions or pricing information. As a result, we do not guarantee that any information on our Services regarding products available for purchase is completely accurate or complete. We reserve the right to correct any inaccuracies, omissions or errors in such information, at any time, without prior notice (which in some cases may be after you have submitted your order). Please note that availability of all products listed on our Services cannot be guaranteed.
We reserve the right to refuse or cancel any order in our discretion. In addition, we reserve the right to limit quantities purchased by any individual, company or account. Purchases made through our Services will require submission of an approved method of payment. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARDS OR OTHER PAYMENT METHODS UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting your payment information through any of our Services, you are providing your payment information to us or to our third party payment processors and other service providers who will help us to process and ship your order. You agree to pay all charges incurred as a result of your purchases, including, without limitation, all shipping and handling charges, and you authorize us to charge all sums for the orders that you make to the payment method you have provided. In addition, you remain responsible for any taxes that may be applicable to your transactions. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
6. Prohibited Uses. You agree that you will not:
- Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any other user’s account, computer systems or networks associated with the Company or the Services;
- Obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided by the Company;
- Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
- Post any Content on the Services that contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable.
7. Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls.
You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from the Company, its affiliates and related entities. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Notice. In providing your number and accepting these Terms, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You may opt out at any time by following instructions from the Company and as described in the Privacy Notice.
Not all mobile devices may be supported by this service. The Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from the Company.
8. Third-party Sites.
Our Services may contain links to websites controlled or operated by persons and companies other than the Company, or we may link to, host or operate websites as a service for retailers or our other partners (“Third-party Sites”). Third-party Sites are not under the control of the Company, and the Company is not responsible for the contents of any Third-party Site, including without limitation any link contained on a Third-party Site, or any changes or updates to a Third-party Site. The Company is not responsible if the Third-party Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Third-party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third-party Site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Third-party Sites. You are solely responsible for any dealings with any third parties, even if they support the Company or are identified in the Services, including any delivery of and payment for goods and services.
9. Third-party Applications.
You acknowledge that your access and use of any third-party applications or software on our Services and third party Content (the “Third-party Applications”) is at your discretion and risk, and the Company has no liability to you arising from your use of the Third-party Applications. The Company hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold the Company harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-party Applications.
10. Intellectual Property Notices.
The Services and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Services or Content in any manner, except as expressly permitted by the Company in these Terms. The Services or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of the Company or applicable owner.
User-Generated Content. Unless otherwise specified on a specific Service or at the time and place of disclosure, any Content you create or own and which you post or otherwise provide to us for the purpose of having such content made available on one of our Sites, or for the purpose of sharing it publicly through one of our Services, or otherwise making such content publicly available on one of our Sites, such as comments posted to discussion boards, reviews of products available on our Services, or other content you may contribute for public viewing (“User-Generated Content”) remains owned by you. In sharing any User-Generated Content on the Services, you warrant and represent you have the legal right to use your User-Generated Content and, unless otherwise specified on a specific Service or at the time and place of disclosure, you grant the Company an irrevocable, perpetual, royalty-free, fully paid up, worldwide, non-exclusive license to reproduce, display, modify, distribute, create derivative works of, and otherwise use your User-Generated Content for any purpose whatsoever, including without limitation for advertising or other commercial purposes, or otherwise in connection with our business , without any obligation to provide notice or attribution to you with regard to any such use. When you post any User-Generated Content on our Services, it will be visible to others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on our Services. You understand that any unauthorized use of such intellectual property may result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, the Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to seek immediate injunctive relief to prevent any such unauthorized use.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) you submit to us through the Services or otherwise will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as our confidential information. By submitting Feedback to us, you assign to us, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, their truthfulness and accuracy.
11. Digital Millennium Copyright Act Compliance.
Notification. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the service are covered by a single notification, a representative list of such works from the service;
(iii) 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 Company to locate the material;
(iv) information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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;
(vi) a statement that the information in the notification is accurate; and
(viii) 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. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Upon removing any allegedly infringing material, the Company will notify the alleged infringer of such takedown.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. It is the Company’s policy to terminate the accounts of repeat infringers, in accordance with the DMCA.
Any notifications and counter-notifications of claimed infringement may be sent to Company’s Copyright Agent at copyrights@landolakes.com.
12. United States Only.
The Company is based in the state of Minnesota in the United States. We make no claims that the Services or any of their contents are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries.
13. Disclaimer.
ALL INFORMATION OR SERVICES PROVIDED BY THE COMPANY TO YOU VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND UNLESS AND TO THE EXTENT ANY WARRANTIES ARE EXPRESSLY INCLUDED IN THE ADDITIONAL TERMS FOR ANY SERVICE. THE COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, THE COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE SERVICES OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR INACCURATE CONTENT POSTED BY, OR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF, OTHER THIRD PARTIES OR USERS OF THE SERVICES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER THE COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. THE COMPANY FURTHER MAKES NO WARRANTY THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT THEY WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SERVICES OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO CEASE YOUR USE OF THE SERVICES AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEN THE AGGREGATE LIABILITY OF THE COMPANY UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.\
14. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE SERVICES OR ANY THIRD-PARTY SITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SERVICES, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF THE COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE SERVICES SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES WITH REGARD TO YOUR USE OF ANY SERVICES TO WHICH THESE TERMS APPLY, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
15. Indemnity.
You agree to defend, indemnify and hold harmless the Company and its affiliates, subsidiaries licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Content, Services, or products other than as expressly authorized in these Terms or as expressly set forth in any Additional Terms, or your use of any information obtained from the Services.
16. Modifications and Interruptions.
We reserve the right to modify or discontinue all or any portion of our Services at any time with or without notice to you. We will not be liable if we choose to exercise this right.
17. Termination and Restriction of Access.
In its sole discretion, the Company may terminate or suspend your access to the Services for any reason, at any time, without notice, including for breach of these Terms. The Company shall not be liable for any losses or damages arising from any such termination of service.
18. Arbitration.
At its sole discretion, the Company may require you to submit any disputes arising from use of the Services, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Minnesota law. Any such arbitration will take place in Minneapolis, Minnesota. By using any of the Services, you hereby consent to submission of any dispute to be final and binding arbitration.
19. Limitation on Time to File Claims.
Any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
20. Governing Law & Jurisdiction.
These Terms are governed by the laws of the State of Minnesota, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Minneapolis, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the Services.
22. Changes to these Terms of Use.
The Company may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by the Company. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Services after any such change is communicated shall constitute your consent to such change(s).
22. General.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Services. You may not assign these Terms without the prior written consent of the Company in all instances. The Company may assign these Terms, in whole or in part, at any time. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Company with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
Other than as may be set forth in any Additional Terms, these Terms, including the Privacy Notice and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and the Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company related thereto. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. Company Contact Information.
Because these Terms apply to many subsidiaries within the Company as applicable to different Services, if you have questions or would like to contact us with regard to any particular Service, please use the method described on the “Contact Us” page for that Service. In addition, general questions can be directed to the Company at: ContractsAdministrator@landolakes.com.