Last Updated: April 2019
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE.
6. Acceptable Use; Compliance with Laws. You may use the Website only for lawful purposes, and You agree that You shall at all times comply with all applicable local, state, provincial, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to Your use of the Website. You also agree that You will not do any of the following:
7. Forums, Postings and Other User Generated Content.
8. Your Contact with Advertisers or Other Third Parties. Your dealings with Subsidiaries, Member Cooperatives, Retailers, advertisers, or other third parties found on or accessible through the Website are solely between You and the third party. These dealings include, but are not limited to, Your participation in promotions, disclosure of information, use of software or other third party materials, reliance upon advertising claims, redemption of coupons or gift cards, applications for credit, the payment for and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such dealings.
We do not make any representations, warranties or conditions with respect to any items or services that may be obtained from such third parties (including Affiliates, Subsidiaries, Member Cooperatives, and Retailers), and You agree that We have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between You and any third party, or as a result of the presence of such third parties on the Website.
9. Disclaimer of Warranties with Respect to Website. THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR ACCESS AND USE THE WEBSITE AND CONTENT AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NONINFRINGEMENT.
WE DO NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT
OBTAINED THROUGH THE WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO, OR INTERRUPTION OF, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
10. Limitations of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, MEMBER COOPERATIVES, OWNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, VENDORS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, OR ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH ANY DELAY OF OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, SUCH PARTIES SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE CONTENT, INFORMATION OR SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY.
11. Indemnification. You agree to indemnify and hold Us, our Affiliates, Subsidiaries, Member Cooperatives, owners, and their respective directors, officers, employees, agents, representatives, affiliates, vendors, successors and assigns, harmless from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to: (1) Your breach of this Agreement; (2) any misrepresentation made by You in connection with Your use of the Website; or (3) any content You, or any other person using Your password and account, submit, post, or transmit to or through the Website.
12. Modification or Suspension of the Website. We reserve the right, at any time and without notice to You, to modify, add, suspend, or discontinue, temporarily or permanently, any or all of the Website, in its sole discretion. This includes the right to modify, discontinue or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that We shall not be liable to You for any modification, general suspension or discontinuance of any aspect of the Website. We may, in its sole discretion, refuse or restrict anyone from access to any or all of the Website at any time without notice.
13. Sales of Products via Website.
14. Notice and Procedure for Making Complaints Regarding Content. In accordance with the Digital Millennium Copyright Act, We have designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content on the Website. To notify Us of Content on the Website that You believe infringes Your rights, please provide the following information to the Our Copyright Agent listed below:
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement is the General Counsel’s Division of GROWMARK.
Contact information for GROWMARK's General Counsel’s Division is as follows:
Attn: General Counsel’s Division
1701 Towanda Avenue
Bloomington, IL 61701
15. Miscellaneous Terms.
16. Contact Information. If You have any questions or concerns with respect to this Agreement or the Website You may contact Our representative as follows:
Attn: Privacy Officer
1701 Towanda Avenue
Bloomington, IL 61701