TERMS OF USE
AGCREDIT, INC.*
3.1.1.2 ACB Privacy – Terms of Use Disclosure 220401 v1
Updated: October 1, 2024
Agcredit, Inc.* (“agGRO”, “we”, and “our”) is a financial service that provides access to credit for farmers and ranchers via mobile technology. By accessing, registering with, using, or affirmatively accepting electronically (e.g., choosing “I agree”) on our agGROloans.com website, our mobile application, or any other services, pages, or websites owned or operated by agGRO (collectively, the “Services”), you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy, found at www.agGROloans.com/privacy-policy (the “Privacy Policy”), incorporated herein by reference, together with any documents they expressly incorporate by reference (collectively, these “Terms”), which may change from time to time. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services, or accept electronically to these Terms.
1. Overview
These Terms are entered into by and between you, as a current or prospective user, and agGRO (collectively, “users”). Users are each referred to herein as “you”. These Terms govern your access to and use of the Services, including any content, functionality, and services offered on or through the website or the mobile application.
The Services are offered and available to users who:
Are at least 18 years old or of other legal age according to your relevant jurisdiction, and have legal capacity to form a binding legal contract in the relevant jurisdiction;
Have sufficient experience, knowledge, and understanding of the Services and their principles and fully understand the associated risks;
Will not use the Services for any illegal or Unauthorized Purpose (hereinafter defined);
Is a resident, and will remain a resident, of a jurisdiction where the Services are permitted or where agGRO has explicitly authorized use of the Services; and
Have not previously been suspended or removed from the Services.
The term “Unauthorized Purpose” includes, but is not limited to:
Conduct that violates any law, contract, third-party right, or constitutes a tort;
Using the Services to pay for, support, or otherwise engage in any illegal gambling activities, money laundering, fraud, or terrorist activities, or any other illegal activities;
Using, or attempting to use, another user’s account without authorization;
Providing false, inaccurate, or misleading information;
Taking any action that imposes an unreasonable or disproportionately large load on the Services;
Facilitating any viruses, trojan horses, or other computer programming that may damage, disrupt, corrupt, misuse, interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or services;
Using an anonymizing proxy, robot, spider, other automatic device, or manual process to access the Services or extract data without agGRO’s prior written permission;
Developing any third-party applications that interact with the Services without agGRO’s prior written consent; and
Encouraging or inducing any third party to engage in any of the activities prohibited under this Section.
By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. CHANGES TO THESE TERMS
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
3. THE SERVICES
The Services may consist of financial management, communication, and loan application services that allow you to consolidate and track financial information and obtain certain financing. agGRO may enter into agreements with third parties to provide the Services, which such agreements may provide lead generation fees paid by the third parties to agGRO, and your use of the Services constitutes acceptance with this compensation arrangement. Generally, agGRO provides the Services to users without charge. agGRO may, however, charge users an additional fee for upgraded versions of the Services. Prior to using the Services, agGRO may obligate you to open an account with agGRO (“Account”). Please see User Account for more information.
The Services may present you information relating to third party products or services that you may be interested in. The Services may also provide you general tips, recommendations and educational material.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. Accurate records enable agGRO to provide the Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at other websites, as requested in our “add account” setup forms, and you may not misrepresent your registration or account information.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that agGRO, in its sole discretion, may elect to take. In no event will agGRO be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
agGRO further reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Services with or without notice. agGROreserves the right to change the Services, including applicable fees, in our sole discretion. In such event, if you are a paid user of the Services, agGRO will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your continued use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that agGRO shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for agGRO to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
4. THIRD PARTY SERVICERS
Users may direct agGRO to retrieve personal information maintained online by third parties with which such users have customer relationships, maintain accounts, or engage in financial transactions (the “Account Information”). agGRO works with one or more online service providers to access the Account Information. agGRO does not review the Account Information for accuracy, legality, or non-infringement. agGRO is not responsible for the Account Information or products and services offered by or on third-party sites.
agGRO cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. agGRO cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications or personalization settings.
Some parts of the Services are supported by sponsored links from advertisers. The Services may display agGRO offers that may be custom-matched to you based on information stored in the Services, queries made through the Services, or other information. We may disclose when a particular agGRO offer is sponsored or otherwise provided by a third party. The Services will also provide links to other websites belonging to agGRO advertisers and other third parties.
agGRO offers are provided to you as a convenience. agGRO does not endorse, warrant, or guarantee the products or services available through the agGRO offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored. agGRO is not an agent or broker or otherwise responsible for the activities or policies of those websites. agGRO does not guarantee that the loan, investment, plan, or other service terms, rates or rewards offered by any particular advertiser, or other third party on the websites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.
5. USER ACCOUNT
In order to use the Services, you may be obligated to create an Account. Your Account is the user account accessible by you after the registration process and via the Services. We may conduct verification procedures to confirm your identity in order to create an Account. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide the following:
Full address
Date of birth;
Social security number;
Confirmation of ownership of your email address or financial instruments;
Mobile phone number;
Government-issued identification; or
Credit report.
If you do not provide this information or if agGRO cannot otherwise verify your identity, we can refuse to allow you to use the Services. agGRO may require additional procedures from time to time, as required by applicable laws, or if more services become available to your jurisdiction or you as a user.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions connected to your password, including third-party services. You must notify agGRO at info@agGROloans.com immediately upon becoming aware of any breach of security or unauthorized use of your Account.
By creating an Account with agGRO, you consent to receiving all required notices and information. Electronic communications may be posted on the Services site or delivered to the email address you provided at the time of Account creation. It is your responsibility to keep your information updated.
6. MONITORING AND ENFORCEMENT; TERMINATION
In the event that you breach these Terms, or as agGRO may otherwise deem necessary, agGRO may, in its sole discretion, with or without prior notice:
Suspend your access to the Services, in whole or in part;
Prevent you from completing any transactions via the Services; and
Terminate your access to the Services, delete or deactivate your Account and all related information and files in such Account.
In the event that any of the above has occurred, you agree and acknowledge that agGRO shall not be liable for any claims or damages due to such stoppage or termination, including those relating to any changes in prevailing market rates following such events.
Users may also terminate the Services through closing such user’s Account. To close your Account, please visit your Account settings page.
To remove the Services from your mobile device, delete the mobile application. However, deleting the mobile application will not delete your Account—it will only delete the data from the device.
7. ALERTS AND NOTIFICATIONS
agGRO may provide automatic alerts and voluntary Account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your Account. agGRO may add new alerts from time to time, or cease to provide certain alerts at any time in its sole and absolute discretion.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. agGRO may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. agGRO shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing agGRO of that change.
Alerts are not encrypted. We will never include your password in these alerts, but we may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your loan payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time, you may disable future alerts.
8. RELIANCE ON INFORMATION POSTED
The information presented on or through the Services is made available solely for general information purposes. 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 Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by agGRO, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of agGRO. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. CREDIT REPORTING
When you elect to use the Services, you agree that agGRO may:
Perform a soft credit inquiry in order to provide the Services. Any soft credit checks will be provided through our third party processing agent, Experian. Any services provided by Experian shall be governed by Experian’s Privacy Policy and Terms of Use.
Perform a hard credit inquiry when you elect to continue with the application and loan process. The hard credit inquiry enables agGRO or authorized third parties to access a full credit report, which may negatively impact your credit score. The hard credit inquiry is only performed as part of the underwriting process.
Obtain your credit score from a single credit reporting agency, which may be different from the credit reporting information used by other institutions, lenders, or creditors.
YOU FURTHER AGREE AS FOLLOWS: (A) WE MAY PRESENT YOU AN OVERVIEW OF YOUR CREDIT PROFILE INCLUDING DETAILED INFORMATION WHERE AVAILABLE; (B) IF WE PROVIDE YOU ANY SIMULATIONS OR HPYOTHETICAL ESTIMATES OF YOUR CREDIT SCORE, THESE ARE FOR EDUCATIONAL PURPOSES ONLY AND DO NOT GUARANTEE ANY OUTCOME; (C) WE MAY SERVE YOU TARGETED ADS AND OTHER COMMUNICATION BASED ON YOUR INFORMATION, AND (D) AGGREGATE AND EVALUATE YOUR INFORMATION TO DO STATISTICAL ANALYSIS TO PROVIDE HISTORICAL OR COMPARATIVE INFORMATION AND TO IMPROVE AGGRO PRODUCTS AND SERVICES.
YOU ACKNOWLEDGE THAT AGGRO IS NOT A CREDIT REPAIR COMPANY OR SIMILARLY REGULATED ORGANIZATION UNDER APPLICABLE LAWS, AND DOES NOT PROVIDE CREDIT REPAIR SERVICES. Where available, information provided via the Services is for your educational and reference purpose only and is provided at no additional charge. The Services are intended to provide you with general information and is not intended to provide, legal, tax or financial advice. We do not provide any services to repair or improve your credit profile or credit score, nor do we provide any representation that the information we provide will actually repair or improve your profile. Consult the services of a competent licensed professional when you need any type of this assistance.
You further acknowledge and agree that agGRO is not a "consumer reporting agency" as that term is defined in the FCRA as amended.
10. INTELLECTUAL PROPERTY
agGRO owns exclusive rights, including all intellectual property rights, to any feedback, suggestion, idea, or other information or material regarding agGRO or the Services that you provide, whether by email, posting through the Services or social media, or otherwise (“Feedback”). agGRO is entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to Feedback, including any copyrights.
11. INDEMNIFICATION
You shall defend, indemnify, and hold harmless agGRO and its officers, directors, members, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Services.
12. DISCLAIMER OF WARRANTIES
You understand that the Services are provided “as is” and that agGRO cannot guarantee or warrant the safety and accuracy of the Services. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. AGGROWILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR CELL PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT: (i) AGGRO DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) AGGRO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) AGGRO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION, AND YOUR ASSOCIATION WITH AGGRO IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR YOUR SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGGRO NOR ANY PERSON ASSOCIATED WITH AGGROMAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR YOUR SUBSCRIPTION. WITHOUT LIMITING THE FOREGOING, NEITHER AGGRO NOR ANYONE ASSOCIATED WITH AGGRO REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION OR YOUR SUBSCRIPTION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
AGGRO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.
13. NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISER
NEITHER AGGRO NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. AGGRO IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
14. LIMITATION ON TIME TO FILE A CLAIM
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.
15. GOVERNING LAW; DISPUTE RESOLUTION
The laws of the State of Nebraska shall govern these Terms without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR 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 governs the interpretation and enforcement of this provision; the arbitrator shall apply Nebraska law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THESE TERMS AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND AGGRO ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
16. WAIVER AND SEVERABILITY
No waiver of by agGRO of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of agGRO to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. ASSIGNMENT; NO THIRD PARTY BENEFICIARIES
You may not assign these Terms without our prior written consent. Any such assignment in violation of this prohibition is null and void.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
18. ENTIRE AGREEMENT
These Terms, including the Privacy Policy, constitute the sole and entire agreement between you and agGRO with respect to the subject matter herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter herein.
19. YOUR COMMENTS AND CONCERNS AND NOTICES TO YOU
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@agGROloans.com.
We may provide any notice to you under these Terms by sending a message to the email address you provided in your Account or by posting notice to the website or mobile application. Notices sent by email will be effective when we send the email and notices we provided by posting will be effective upon posting. It is your responsibility to keep your email address up to date.
(*) Agcredit, Inc., is not affiliated with American Agcredit, ACA, and is not a member of the U.S. Farm Credit System.