TERMS OF USE FOR ONLINE TOOLS AND APPLICATIONS 

READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING FARMLENDSM, FCSAMERICA® MOBILE, FRONTIER FARM CREDITSM MOBILE, AGRIPOINT®, AGDIRECT®,  AND/OR ANY OTHER “TOOLS” (AS DEFINED HEREIN) you are confirming to that you have reviewed and agreed to the following Terms of Use. 

All loans and financing are subject to credit approval and eligibility determinations.

(See “Transactions and Other Agreements” below.)


Definitions

  • The following definitions and references apply to these Terms of Use:
  • You” and “Your ” refer to the person accessing Tools and primarily liable or responsible for any accounts, loans or services with the Association.
  • The “Associations” means Farm Credit Services of America, ACA, Frontier Farm Credit, ACA, and their subsidiaries or affiliates, all jointly managed and operated corporations.
  • Tool” or “Tools ” means all current or future products, services or software applications available through internet-based websites of the Associations which provide access to Your account, financial, insurance, or other data and information using Your personal computer, tablet computer, mobile phone, or other internet capable device.
  • Guest” or “ Authorized User” means a user of the Tools whom You invite to access the Tools and otherwise allow access to Your accounts.
  • Login” is the user name and password used to access any Online Application or Tool.

 

Scope of License

These Terms of Use grant to You a license for the use of the Tools, which is a limited, non-transferable right to use the Tools on a device, mobile or otherwise, that You own or control. You may not distribute or make Tools available over a network where the Tools could be used by multiple devices at the same time.

 

Use of the Tools

By using any Tool, You agree to: (1) use the Tools only for your own personal or business operations related to accounts with or serviced by the Associations or as otherwise allowed by a Tool; and, (2) comply with any user requirements and security procedures that the Association provides to You or are required to access a Tool.

Tools are generally available 24 hours a day, seven days a week, except during special maintenance periods; however, the Associations do not guarantee that the Tools will be available for any specific time periods.

Certain Tools are provided for illustrative purposes only. You acknowledge that results Your use of such Tools and any functions within the Tools are to provide general information only. Financial calculators or similar tools will round numbers to the nearest dollar amount and interest is generally calculated on a 360-day year basis.


Access to Tools

You may only gain access to the Associations’ Tools with Your internet-enabled device through Your internet service provider using authentication processes required by the Association, which may involve security processes of third-parties, such as Google ®, Apple® or other makers of internet enabled devices. Your use of the Tools may make you subject to message or data rates charged by your internet or other service providers. Mobile device makers and third-party service providers are not parties to these Terms of Use. Your downloading or installation of the Tools using a mobile device may subject you to usage rules or other agreements related to such providers. You may not distribute or make a Tool available over a network where it could be used by multiple mobile or other devices at the same time.

 

Data Input and Importing

The Associations receive data and information from You as a result of Your use of the Online Tools. You may also authorize the Associations to import Your production information, personal and/or business data from any third-party company by clicking on the “Authorize” button next to each company listed in the Data Importing Tool and with whom You do business. You may revoke any such authorization to import data from a third-party company within the Data Importing Tool at any time by clicking on the “Remove Authorization” button adjacent to each company (which will appear after Your initial authorization). You may call 877-966-7778 for assistance. You may also contact the companies with whom You do business to confirm or revoke such authorizations.

All data and information provided by You or imported on Your behalf by the Associations and will be utilized in accordance with these Terms of Use, applicable law and Your account agreements with the Associations. All importing of information and data is done electronically through a secure process agreed upon by the Associations and these companies.

PLEASE NOTE: Please contact each third-party company, if You have question about Your rights to access and utilize the information and data maintained by any of them.


Privacy, Security and Data Permissions

These Terms of Use are subject to, and include, the Privacy Statements and Security Statements adopted by Farm Credit Services of America, ACA, and Frontier Farm Credit, ACA, and their respective affiliates. The Privacy Statements and Security Statements describe how each entity with whom You do business will work to protect Your personally identifiable data and information, security measures the Associations take, actions taken pursuant to the Children’s Online Privacy Protection Act, and other privacy and security matters.

In order to administer and provide the Tools for Your use, the Associations collect and use technical data and related information concerning You and Your accounts, including, but not limited to, technical information concerning any device You use to access the Tools, Your device systems and related application software. Further, the Associations use anonymized and/or de-identified data, aggregated data, or other information you have provided to the Associations for purposes of deriving analytical data, performance benchmark information, and offering services to You and other customers of the Associations. The terms “anonymized data,” “de-identified data,” and “aggregated data” refers to data that has been subjected to processes of the Associations to generate useful data that cannot be used to identify You . As set forth in the Privacy Statements, Your personally identifiable data and information will not be shared with non-affiliates of the Associations without Your permission.

User Comments and Feedback Permissions

While using certain Tools, You may be able to provide reasonable suggestions, comments and feedback regarding the Tools, including, but not limited to, usability, enhancement suggestions, service system errors, testing results and other assistance the Associations may reasonably request. You may also be requested to participate in any surveys, customer group reviews, conference calls, meetings, or other feedback events. In all such cases, you consent to, the use and publication of any quotations of comments made by You to the Associations. Further, the Associations are authorized to use such items for any purpose they deem appropriate, including, but not limited to, internal review of Tools or future news articles, radio or television stories, newspapers, magazines, slide presentations, audio or video presentations, or other media regarding the Tools. The use of such items will be: (a) without any compensation to You; (b) in conjunction with Your name or otherwise; and, (c) in any format, color, size, shape, perspective, context or variations thereof the Associations may choose. You hereby waive any right to inspect or approve any finished images or product utilizing such items. The undersigned release, discharge, and agree to hold harmless the Associations, their affiliates, representatives and assigns from any liability for their use of such items, including any claims for libel or violations of any rights of privacy.


Authorized Users and Users

You may provide an Authorized User or Authorized Users with access to the Tools. Such access may be initiated using the “Invite Guest” feature within the Tools or by completing a written authorization form provided by and delivered to the Association. You should not share Your Login information with any persons, including Your Authorized Users. Authorized Users will be provided or establish their own Login information. You may designate specific access rights utilizing the “Manage Users” feature within the Invite Guest feature. You are solely responsible for the actions of any Guest accessing the Tools, regardless of any other authorizations You may have made or provided to the Association concerning access to Your account(s) and the funds in Your account(s). Depending upon the access rights You grant to an Authorized User, Authorized Users may view account balances and transactions, make payments on accounts, make disbursements from accounts, perform account maintenance, view and create financial statements, review and modify insurance information, and such other actions as You authorize. You acknowledge any risks that may be created by granting access to Your Authorized Users and assume responsibility for any actions taken by Your Authorized Users. All Authorized Users shall be subject to, must comply, and are bound by these Terms of Use.


Transactions and Other Agreements

In addition to these Terms of Use, all transactions You instigate through a Tool shall be governed by any separate account agreements, promissory notes, or similar agreements You have entered into with the Association. You agree to repay all of Your obligations to the Association as set forth in such agreements, and you understand that Your use of the Tools does not change the terms and conditions of any such agreements. If these Terms of Use conflict with any such separate agreements, then the other agreement will control. The Association has no obligation to execute transactions requested through the Tools 5sby You or Authorized Users if such transaction would result in any indebtedness of You being in excess of the Association’s approved commitments to You.

You hereby preauthorize electronic transactions from Your account(s) with any external financial institution involved in transactions You or Your Authorized User initiated using the Tools. The Association is not responsible for an incoming transaction from an external financial institution until settlement takes place and the external financial institution provides proper account information allowing the Association to properly post transactions to Your account(s). If the Association’s records about a transaction are different from Your records or those of another financial institution, the records of the Association will be controlling. The Association shall make reasonable commercial efforts to complete Your transactions, but results are not guaranteed.

The Association’s business days are Monday through Friday, excluding holidays. All transactions through the Tools received after 3 p.m. CST on business days and on Saturdays, Sundays or holidays on which the Association chooses to remain closed, are processed on the next business day. The Association’s business day begins at 8 a.m. CST. If the online session during which You initiate or schedule a transaction ends by 3 p.m. CST, the Association is considered to have received the transaction on that day. Otherwise, the transaction is considered received on the following business day. Confirmation of the timing of all transactions shall be conclusively determined as recorded by the Association’s technical systems.


Fees

You or Your account(s) will be charged or debited for applicable fees associated with Your use of the Tools as set forth in the Associations regular fee schedules which may be published or made available from time-to-time or as such fees may be set forth in any other agreement you have with the Associations. The Associations reserve the right to update and change any applicable fees at any time without notice to You or Your Authorized Users, unless otherwise agreed in writing.


Notices, Communication and Consent

Your use of the Tools represents Your consent and ability to receive notices regarding the Tools that the Association may provide in an electronic format. If there is more than one person on Your account or listed as a policy holder, the Association may send account or insurance information to any one of them. Your electronic address may be an email, other internet address, text messaging number, or other electronic access address provided to the Association. The person receiving the notice is responsible for providing copies of all account or insurance information to all other persons with access to the applicable account or insurance policy. The Associations also reserve the right at all times to communicate all account, financial or insurance information to You through the U.S. Postal Service or overnight courier, at the Associations’ option. Any notice or account, financial or insurance information the Associations send to You will be effective when mailed, sent electronically or otherwise made available to You. You agree that the Associations may make telephone calls and send text messages to You in order for the Associations to service Your accounts, collect any amount You may owe, or discuss the Association’s relationship, products and services with You. Any notice You send to the Association will not be effective until the Association actually receives the notice and has a reasonable opportunity to act on the notice. You assume the risk of loss in transit.


Acknowledgement

You acknowledge that the Tools are licensed, not sold, to You for use only under these Terms of Use. If an aspect of Tools is accompanied by a separate license agreement, the terms of that separate license agreement will govern, subject to Your prior acceptance, of that separate license agreement. The Association reserves all rights not expressly granted to You.


Proprietary Rights

You agree that the Tools contain the Association’s proprietary trademarks, data, text, information, programs and other materials protected by copyright, trademark and other forms of ownership protection under the laws of the United States of America. As further described below, the Association utilizes some third-party software providers to make some of the Tools available to You. Except for Your personal and financial information, the Association, and such third parties where applicable, are the absolute owners of all intellectual property and rights applicable to materials in the Tools. You do not have permission to copy, use or republish in any form any proprietary materials found on the Tools, including, but not limited to, trademarks, data, text, information, programs and other materials protected by copyright, trademark and other forms of ownership protection under the laws of the United States of America and which You do not own. You are only authorized to create an electronic copy of the information in the Tools for Your own personal and informational use.


Third Party Services and Prohibitions

  • Some of the Tools, such as MagnifySM, may provide You with access to third party websites, materials, and other services, including, but not limited to services provided by Xero Limited, Figured Limited or of other corporations not affiliated with, or under the control of, the Associations. You and Authorized Users specifically agree as follows with respect to the Tools and any such third party services:
  • To comply with any terms of use or other agreements required by a service provider in order to access the services.
  • Not to copy, reverse engineer, decompile, disassemble, modify, translate, adapt, create derivative works, or make any attempt to discover any software related to the services.
  • Not to remove, obscure, or alter the any service provider's proprietary notices, disclaimers, trademarks, or other proprietary rights notices of any kind.
  • Not to copy any software, except for archive purposes or as otherwise permitted by the service provider.
  • Not to license, sublicense, sell, resell, transfer, assign, distribute, or share any software related to such services to another party.
  • That any service is licensed, not sold, and that any service provider retains ownership of all portions of the services.
  • That any service provider is a third party beneficiary in connection with the provisions herein related to any such service are made expressly for the benefit of, and are enforceable by the respective service provider against You or Authorized Users.
  • Not to send spam or unsolicited messages in violation of the terms of use for such services or applicable law.
  • Not to interfere with or disrupt the integrity or performance of a service, including sending or storing material containing viruses, worms, trojan horses, or other harmful computer code, files, scripts or other materials.
  • Not to attempt to probe, scan or test any portion of the service, except as expressly authorized by the service provider in writing.
  • Not to use any service, software or underlying technology in contravention of applicable U.S. and foreign export laws and regulations.

You acknowledge and agree that the Association is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any third party services. The Association does not warrant, endorse and does not assume any liability or responsibility to You or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties. Third party materials and links to other web sites are provided solely as a convenience to You. Any third-party materials or links to other web sites may be removed at any time at the discretion of the Association. The Association may also impose limits on the use of such third-party materials or links to other web sites without notice or liability to You.

 

Accuracy of Your Information

You are responsible for the completeness, truth, accuracy, correctness and suitability of information You or any Authorized Users provide, or a third party provides on Your behalf, to the Associations. The Associations have no obligation to determine whether any such information is accurate, even if the Associations may have reason to know or suspect that certain information may not be accurate. The Associations may rely without question on all such information. The Associations are not liable for problems resulting from inaccurate information, or discrepancies between the account and policy holder names and account numbers You or any Authorized User provides or a third party provides on Your behalf. As a convenience to You, the Association may obtain the external financial institution’s routing number, but the Association has no liability for any inaccurate information the Association obtains on Your behalf.


Transaction Errors and Questions

In case of errors or questions regarding transactions, contact the local office of the Associations with whom you normally communicate, or You may call the Association at 1-877-348-3810. The Associations have no obligation to detect errors in any of the information You or Your Authorized Users provide in the Tools (i.e., an erroneous payment to a third party not intended by You or an erroneous duplicate of a payment previously sent by You). Should the Association detect an error on one or more occasions and notify You of such error(s), such action does not obligate the Association to detect errors in the future.


Remote Deposit

The following terms apply to Your use of Remote Deposit.

  • Remote Deposit Services. The remote deposit capture services are designed to allow You to apply payments (or make deposits) to Your line of credit from home or other remote locations by scanning or photographing your checks and electronically transmitting a digital image of Your paper checks to the Association or its designated processer. Remote Deposit is available through AgriPoint and on Your mobile devices.
  • Eligible Items. You agree to scan and deposit only “checks” as that term is defined in Federal Reserve Regulation CC. For this purpose, a “check” (as defined in Regulation CC) means a negotiable demand draft that is drawn on:
    • Or payable through or at an office of a bank;
    • A Federal Reserve Bank or a Federal Home Loan Bank;
    • The Treasury of the United States; or
    • A state or local government that is not payable through or at a bank.
  • Prohibited Checks. You agree that you will not scan and deposit any of the following types of checks or other items using Remote Deposit:
    • Third-party checks, i.e., any check payable to any personal or entity other than You;
    • Checks drawn on the same account in which the deposit is being made;
    • Checks containing evidence of alteration to the information on the check;
    • Checks previously converted to a “substitute check”, as defined in Regulation CC;
    • Checks drawn on a financial institution located outside the United States;
    • Checks previously cashed or deposited. Including items returned as “nonsufficient funds”;
    • Checks dated more than six (6) months prior to the date of deposit;
    • Checks that are irregular in any way; or
    • Checks with any endorsement on the back other than that specified below.
  • Image Quality. The image of an item transmitted to the Association use Remote Deposit must be legible. The image quality of the items must comply with the requirements established from time by the American National Standards Institute, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association.
  • Endorsements of Checks. You agree to properly endorse each check prior to submitting such check through the use of the Remote Deposit services. Checks received without the proper endorsement may be refused until the endorsement is competed as required. You will be responsible for any loss incurred by the Associations from attempted deposit of the same check at other financial institutions, delays, processing errors resulting from an irregular endorsement, or any other improper endorsement of the check.
  • Receipt of Items. The Associations reserve the right to reject any item transmitted through Remote Deposit, at the Associations’ discretion, without liability to You. The Associations are not responsible for items that are not received or for images that are dropped during transmission. The Associations further reserve the right to charge back to Your account, at any time, any item that the Associations subsequently determine was not an eligible item. You agree that the Associations are not liable for any loss, costs, or fees that you may incur as a result of any such chargeback of an ineligible item.
  • Disposal of Transmitted Items. Upon Your receipt of confirmation from the Association that it has successfully received your deposit, You should store the check in a secure location for a period of 60 days. After 60 days, and after You have confirmed the funds have been correctly applied to your operating line of credit (or other account), You agree to destroy the check by shredding it or marking it “VOID”. After destruction of the original check, the image will be the sole evidence of the original check. You will be liable for checks that are presented more than once.
  • Errors in Transmission. By using the Remote Deposit services, You accept the risk that any item may be intercepted or misdirected during transmission. The Associations bear no liability to You or others for any such intercepted or misdirected items or information disclosed through such errors.
  • Deposit Limits. The Associations reserve the right to impose limits on the amount(s) and/or number of payments/deposits that You transmit using the Remote Deposit services and to modify such limits from time to time. If You attempt to initiate a deposit in excess of these limits, the Associations may reject Your payment/deposit. If the Associations permit You to make a payment or deposit in excess of these limits, such payment will still be subject to these terms, and the Associations will not be obligated to allow such a deposit at other times.
  • Your Warranties. You warrant to the Associations that: (a) You will only transmit eligible items; (b) the amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine and accurate; (c) You will not transmit duplicate items; (d) You will not deposit or represent the original item; and (e) all information that you present to the Associations is accurate and true.
 

Liability for Unauthorized Transactions

You should contact the Association AT ONCE if You believe any portion of Your login credentials or other personal information has been lost, stolen or misused. Telephoning 1-877-348-3810 is the best way to address these matters. You agree to exercise ordinary care to determine whether a transaction was either erroneous or not authorized. You further agree to notify the Associations of the facts within a reasonable time, not exceeding thirty (30) days after the earlier of the date You receive notice of the transaction or the date of the transaction.


Limitations of Liability

You are liable for all losses relating to unauthorized transactions which do not result solely from the gross negligence or intentional misconduct by the Associations. The Associations are only responsible for exercising ordinary care in providing Tools and third party services. The Associations are not liable in any way to You or for any loss or damages You incur in the following instances:


  • You do not have sufficient credit or funds available in Your account for the transaction.
  • Delays in mail delivery, changes to a payee’s address or account number, the failure of any payee to correctly account for or credit a payment in a timely manner.
  • Interruption of transmission or communication facilities, equipment failure, war, emergency conditions, disruptions in internet service or connections, Tools or other circumstances beyond the Association’s control.
  • A hold on Your account, or blocked access to Your account in accordance with Your other agreements with the Association.
  • Your account is subject to legal process or other encumbrance restricting the transaction.
  • Your authorization to make a transaction terminates.
  • You believe someone has accessed Your accounts without Your permission and You fail to notify the Association immediately.
  • You have not properly complied with these Terms of Use.
  • The Association receives incomplete or inaccurate information from You or a third party.
  • You default under these Terms of Use or any other agreement with the Association.
  • A third party does not accept Your transaction for any reason, including unintentional error or omission on the Association’s part.
  • You or Your current or former Authorized Users attempt or commit unauthorized, fraudulent, or dishonest acts.

The Associations will assist You with reasonable efforts to take appropriate corrective action to re-process transactions that may not have been completed or to correct incorrect transactions.

IN NO EVENT WILL THE ASSOCIATION BE LIABLE FOR: (1) DAMAGES IN EXCESS OF YOUR ACTUAL LOSS DUE TO THE ASSOCIATION’S FAILURE TO COMPLETE A TRANSACTION; AND, (2) ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE ONLINE TOOLS OR ANY WEBSITE LINKED TO THE ONLINE TOOLS.


Disclaimer of Warranties

ALL Tools are provided "AS IS", "AS AVAILABLE", and WITHOUT WARRANTY of any kind. THE ASSOCIATIONS DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE TOOLS, EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE TOOLS AND SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE TOOLS. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM VIRUS, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.


Indemnification

You agree to indemnify, defend and hold the Associations harmless from any damage, loss or liability of any kind, including without limitation, reasonable attorney's fees and court costs, which may result, directly or indirectly, in whole or in part, from the Your actions or those actions of Your Authorized Users under these Terms of Use pursuant to Your or any Authorized User’s instructions or the information You or any Authorized User provides to the Associations.


Returned, Unclaimed Account Information

If any documents or an electronic notice is returned as undeliverable, the Associations may but are not required to discontinue sending account or insurance information to You until You provide a valid postal address or email. Additionally, the Association may, at the Associations;’ option, destroy account or insurance information sent to You and returned to the Association as undeliverable, hold the account or insurance information for You to pick-up, or discontinue sending the account or insurance information through the delivery channel generating returns and utilize an alternative delivery channel.


Email

You are responsible for providing the Association with a valid email address and You should use the Association’s Secure Email for all email communications. If You send an email to the Association or any employee, agent or other representative of the Association, no action will be taken with respect to the email until the Association actually receives the email and has a reasonable opportunity to react. The Associations may respond to You by email with regard to any matter related to Tools, including responding to any claim of an unauthorized transaction. Any such email sent to You by the Association is considered received within three (3) days of the date sent by the Association, regardless of whether or not You sign on to Tools, within that time frame. You should not rely on email if You need to communicate with the Association immediately; such as, if You need to report an unauthorized transaction on Your account or if You need to stop a transaction scheduled to occur.


Address Changes

You agree that You will notify the Associations immediately in the event of a change to Your address or email. Address changes may be initiated if You or any Authorized User instructs the Associations to change the address. The Associations may act on any address change purportedly made by You or any Authorized User on Your behalf within a reasonable time. Unless You instruct otherwise, the Associations may in the Associations’ sole discretion change Your postal address or email only for the accounts You or any Authorized User specifies or for all or some of Your accounts.


Modifications to these Terms of Use

The Association may change these Terms of Use from time to time by making the new Terms of Use available on the Association’s websites. The revised terms and conditions are effective at the earliest date allowed by applicable law.

 

Termination

The Associations may terminate Your use or access, or the use or access of Your Authorized Users, at any time and without further notice. If You choose to cancel access to the Tools or other online access or any rights thereto with respect any Authorized User, You must contact the Associations by calling 1-877-348-3810.


Governing Law

These Terms of Use and Your use of Tools are governed by applicable laws, statutes or regulations of the United States of America and the State of Nebraska. Your use of Tools or third party services may also be subject to other local, state, or international laws. If any part of these Terms of Use is illegal or unenforceable, the unenforceable portion shall be construed with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder shall remain in full force and effect.

Questions, Complaint or Claims: You may contact the Association with any questions, complaints or claims with respect to the Tools at: Farm Credit Services of America or Frontier Farm Credit, PO Box 2409, Omaha, NE 68103-2409, Phone: 877-348-3810. For question related to data importing, call 877-966-7778.

© 2020 Farm Credit Services of America, ACA. All rights reserved.