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Terms of Service

These Online Services Terms of Use (“Terms of Use”) constitute a binding agreement between you (“Customer” or “you”) and Rural 1st® (the “Association”). These Terms of Use govern your use of any Service (defined below), whether accessed online or through a mobile platform (including all related documentation) (an “Application”) and your activity while on any Association website (a “Website”), including any content, functionality, and services offered on or through the Website. You represent to us that you are authorized to enter into these Terms of Use.

BY CLICKING THE “AGREE” BUTTON, INSTALLING/USING AN APPLICATION OR SERVICE, OR USING AND ACCESSING THE WEBSITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET THESE REQUIREMENTS, DO NOT CLICK THE “AGREE” BUTTON OR INSTALL/USE THE APPLICATION OR SERVICE AND DELETE IT FROM YOUR MOBILE DEVICE IF APPLICABLE AND CEASE YOUR ACCESS TO AND USE OF THE APPLICATION, SERVICE AND WEBSITE.

Definitions: For purposes of these Terms of Use, the following words have the meaning given below:

“Device” means a supportable mobile device including a cellular phone, tablet, or other web-enabled mobile device that allows SSL traffic and is capable of receiving text messages.  Your wireless carrier may assess fees for data or text messaging services. Consult your wireless plan or provider for details.

“Service(s)” means any product or service you may access or enroll in through the Website or an Application, including, without limitation, Customer Connect, online loan inquiries and applications, and online crop insurance inquiries and applications. Notwithstanding the foregoing, Service shall not include any activity undertaken when accessing links to other sites and resources provided by third parties, which activity shall be governed by the terms of use and privacy policies of such third parties.

“You” and “Yours” means each person with authorized access to your account(s) who uses the Service.

“We” and “Us” means Farm Credit Mid-America, whether doing business in its own name or as Rural 1st®.

Changes to Terms of Use: We may revise and update these Terms of Use 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 Website and Service thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website or Service following the posting of revised Terms of Use 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.

Other Agreements: You may have other agreements in place with us and the terms of those agreements will continue to apply. If the terms of these Terms of Use conflict with those in another agreement, the terms of the other agreement will control unless specifically stated otherwise in these Terms of Use. The other agreement will control only to the extent necessary to resolve the conflict or inconsistency. Additionally, you will remain subject to the terms and conditions of any existing agreements with any unaffiliated service providers, including, without limitation, your mobile service provider, and these Terms of Use do not supersede or amend any such agreements.

Accessing the Service and Website and Account Security: You authorize us to provide access to your account(s) and any Service through the Website or Service. You may access your account(s) and any applicable Service through the Website to provide or obtain information and perform authorized transactions. We reserve the right to withdraw or amend the Service, the Website, and any Application, service, or material we provide through the Website or Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Service, or the entire Website or Service, to users, including registered users. We cannot guarantee and are not responsible for the availability of data services provided by your mobile provider.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website or Service and ensuring that your computer operating system, software, browser version, plug-ins and anti-virus software are all current and up-to-date.
  • Keeping your username and password confidential.
  • Providing true, accurate, and complete information about yourself and not misrepresenting your identity.
  • Ensuring that all persons who access the Website or Service through your internet connection are aware of these Terms of Use and comply with them.
  • Ensuring that you have logged out of the Website or Service when your session is complete.
  • Maintaining a continuously operational email address and valid mobile phone number to receive communications from us. If notices or communications are returned to us or otherwise undeliverable, we may stop sending them until you provide a valid postal address, email address, or phone number, as applicable.
  • Payment of any fees associated with use of other services accessed through the Website or Service, whether or not authorized by you, except as otherwise provided by law or regulation.
  • Notifying us immediately at 1-855-800-7976 of any actual or suspected unauthorized use of your username and password.
  • Complying with all rules, policies and procedures of networks through which you access and use the Website or Service.

To access the Application or Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Service that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Website, Service, or otherwise, including, but not limited to, through the use of any interactive features on the Website or Service is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. We recommend that you change your password regularly, and select a unique username and password combination for use only with the Website or Service. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or public hotspot so that others are not able to view or record your password or other personal information. You can change your username and password within the Website or Service or by calling 1-855-800-7976.

If you use the Website or Service to provide information or documents to us that contain your personally identifiable information, and you use another device to capture or save such information or documents for the purpose of transmitting them to us through the Website or Service, we recommend that you delete such information and documents from the other device after you complete the task of providing them to us.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. We also reserve the right to limit the types and number of accounts eligible for online Services and the right to refuse to make any transaction you request through the Website or Service. In the event of unauthorized use of your username and password, or any other security or authentication technique we use, you may be liable for resulting losses, to the extent permitted by law or regulation.

We may also require the use or activation of specific applications, internet browser software features, plug-ins and add-ons, to use the Website or Service, which could include JavaScript support and “cookies.”

To enable and enhance secure access to the Service, we may also access detailed information about the computers and Devices you use to access the Website or Service. This could include telephone numbers and unique internal and network identifiers for your computers and Devices. We also use “cookies” and other technology for information security and other purposes, as described in our Privacy Policy.

Termination of Access to Online Service: Unless otherwise required by applicable law or regulation, either of us can terminate these Terms of Use and/or your access to any account or the Service, in whole or in part, at any time.

If you violate any terms of these Terms of Use (including non-payment of applicable fees) or any other agreement you have with us, you agree that we may suspend or terminate your online access to any of your accounts and Service(s). We are not required to reinstate or re-activate your online access.

If you close all your accounts, terminate your online access, or withdraw from the Service, we may suspend or terminate your access without prior notification. We are not required to reinstate or re-activate your access. If reinstated, the then-current terms of these Terms of Use will control.

If you want to remove online access for an account, call us at 1-855-800-7976.

Owners, Joint Owners, and Delegates: If an account with the Association is owned by more than one person (a “Joint Account”) or if the ability to make decisions with respect to such account has been delegated to a third party (a “Delegate”), if applicable, each such person may provide us with instructions with respect to the account and obtain information with respect to the account to the extent permitted pursuant to other agreements related to the account. You agree that you may only appoint a Delegate in accordance with our requirements and that you must submit any documentation deemed necessary by us. Each owner, joint owner, and Delegate must individually enroll in the Service in order to access it and may need to enroll with our online banking service provider, AgriBank, FCB, if applicable. A transaction or action by a Delegate is considered authorized unless you have advised us that the Delegate is no longer authorized and we have had a reasonable opportunity to act on your notification. A Delegate’s authority may be terminated by us in our sole discretion for, among other reasons, (a) an instruction from an owner or joint owner, (b) the owner or joint owner who appointed the Delegate is no longer an owner on the account, (c) the Delegate dies or becomes incapacitated, or (d) the Delegate is no longer enrolled in the Service.

Authorized Users: If you grant access to any Service to a third party authorized by you to have access to such Service (an “Authorized User”), you and the Authorized User will both be required to execute and deliver a separate authorization to Association.

Your Delegate or Authorized User may have access to your personal information pursuant to such access and by granting such access you consent to any acquisition by the Delegate or Authorized User of your personal information.

Your Acknowledgements: You acknowledge and agree that:

  • Each of your Delegates and Authorized Users will be acting as your agent and will be bound by these Terms of Use and any separate agreement governing the account or Service.
  • We may rely upon and act upon the instructions of any Delegate or Authorized User.
  • All transactions that a Delegate or Authorized User performs on an account or Service, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions.
  • You are solely responsible for supervising all of your Delegates and Authorized Users, and monitoring the actions they take on your behalf.
  • You will be responsible for ensuring each Delegate or Authorized User maintains the confidentiality of that person’s username, password, or other login identification.
  • Each Delegate or Authorized User will access and use each account and Service in accordance with the authority given to the Delegate or Authorized User by the delegating owner.
  • Each time the Delegate or Authorized User accesses, views, or transacts on an account or Service, you represent and warrant to us that the delegating owner authorizes the Delegate’s or Authorized User’s action.
  • If we get conflicting instructions, if we believe that an account’s security or our security may be at risk as a result of a Delegate or Authorized User, or if the Delegate or Authorized User violates any part of these Terms of Use, we may at our sole discretion end the Delegate’s or Authorized User’s access to:
    • The Service; and
    • An account.
  • We may also prevent the individual from being a Delegate or Authorized User without prior notice to you or any account owner.

Intellectual Property Rights: The Service, the Website and their entire contents, features, and functionality (including but not limited to all Applications, information, text, software, images, displays, audio, and video, and the design, selection, and arrangement thereof) are owned by the Association, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and Service for your personal, non-commercial use only. Business users of the Website or Service may use the Website or Service for legitimate business purposes relating to the user’s role as an Association customer. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Service, except as follows:

  • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • To the extent we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website, Service, or any services or materials available through the Website or Service.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Service in breach of the Terms of Use, your right to use the Website or Service may be terminated immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Service, or any content on the Website or Service, is transferred to you, and all rights not expressly granted are reserved by the Association. Any use of the Website or Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks: Rural 1st® is a tradename and Rural 1st, the Rolling Hills Window icon, Rural Logic, Closer to What Matters, Growing Forward, Know to Grow, and AGCOMPARE are exclusive trademarks of Farm Credit Mid-America, NMLS 407249. You must not use such marks without the prior written permission of Farm Credit Mid-America. All other names, logos, product and service names, designs, and slogans on the Application or Website are the trademarks of their respective owners.

Prohibited Uses: You may use the Website and Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Service:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Association’s Acceptable Use Policy.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Association, an Association employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Service, or which, as determined by us, may harm the Association or users of the Website or Service, or expose them to liability.

Additionally, you agree not to:

  • Use the Website or Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or Service, including their ability to engage in real time activities through the Website or Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Website or Service for any purpose, including monitoring or copying any of the material on the Website or Service.
  • Use any manual process to monitor or copy any of the material on the Website or Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website or Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Service, the server on which the Website or Service is stored, or any server, computer, or database connected to the Website or Service.
  • Attack the Website or Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website or Service.

Reliance on Information Posted: The information presented on or through the Website and Service 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 Website or Service, or by anyone who may be informed of any of their contents.

The Website or Service may include software (“Third Party Software”) or content (Third-Party Content”) provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Association, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Association. 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.

You understand and agree that:

  • Any Third-Party Software you download is provided to you “as is” and “as available.”
  • Any Third-Party Content you review or use is provided to you “as is.”
  • We won’t be liable to you for:
    • Your inability to access or use the Third-Party Software.
    • The accuracy, timeliness, loss or corruption, or misdelivery of any account information or any other information processed by the Third-Party Software.
    • Unauthorized access to your accounts or to your account information and any misappropriation, or alteration, of your account information or data as a result of your installation or use of the Third-Party Software, except as otherwise provided by law or regulation.
  • You assume all risk that unauthorized third parties may access any Third-Party Software you download and install, or any information you enter into the Third-Party Software.
  • If you use the Third-Party Software to transmit information, you and the Third-Party Software provider are responsible for the confidentiality and security of that information.
  • Your download of any Third-Party Software is at your own risk and you alone are responsible for any resulting damage to the computer or other electronic device, as well as for any loss or corruption of data that might occur as a result.
  • You are solely responsible for acquiring and maintaining a computer or other electronic device that can handle and access the Third-Party Software, including any necessary equipment such as a modem, and you are responsible for all costs associated with accessing the Third-Party Software.

You further agree that we make no warranties and have no liability as to:

  • The accuracy, completeness, availability or timeliness of the information, text, graphics, or other items provided, stored, evaluated or processed through the Third-Party Software or Third-Party Content;
  • Any errors or omissions in the delivery or transmission of the Third-Party Software or Third-Party Content from us to you; and
  • The Third-Party Software’s or Third-Party Content’s fitness for a particular purpose and non-infringement of any third-party rights.

You understand that some states do not allow limitations on an implied warranty’s term, so that the above limitations may not apply to you, and that you may also have other rights, which may vary from state to state.

Information About You and Your Visits: All information we collect through the Website and Service are subject to our Privacy Policy. By accessing the Website or Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

By accessing or using the Website or Service, you understand and agree that we may collect and retain personal or other information about you or the Device you use to access the Website or Service.

You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber and device details, if available, to us and our service providers for the duration of the business relationship, solely for identity verification and fraud avoidance. You represent that you are the owner of the mobile phone number or have the delegated legal authority to act on behalf of the mobile subscriber to provide this consent.

You agree that:

  • We may collect and retain certain information and use that information to market our products and services to you.
  • We may use automated processes to detect any use of the Website or Service that violates the terms of these Terms of Use or any applicable law or regulation.

Changes to the Application/Website: We may update the content on the Website or Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Service may be out of date at any given time, and we are under no obligation to update such material.

Links From The Website or Service: If the Website or Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website or Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions: We provide the Website and Service for use only by persons located in the United States. We make no claims that the Website, Service, or any of their content is accessible or appropriate outside of the United States. Access to the Website and Service may not be legal by certain persons or in certain countries. If you access the Website or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Service will be free of viruses or other destructive code. 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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF AN APPLICATION OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH AN APPLICATION, SERVICE, OR WEBSITE OR TO YOUR DOWNLOADING OF ANY POSTED OR LINKED MATERIAL.

YOUR USE OF AN APPLICATION, SERVICE, AND WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH AN APPLICATION, SERVICE, OR WEBSITE IS AT YOUR OWN RISK. ANY APPLICATION, SERVICE AND WEBSITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH AN APPLICATION, SERVICE, OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ASSOCIATION NOR ANY PERSON ASSOCIATED WITH THE ASSOCIATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF AN APPLICATION, SERVICE, OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ASSOCIATION NOR ANYONE ASSOCIATED WITH THE ASSOCIATION REPRESENTS OR WARRANTS THAT ANY APPLICATION, SERVICE, OR WEBSITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH AN APPLICATION, SERVICE, OR WEBSITE 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 AN APPLICATION, SERVICE, OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH AN APPLICATION, SERVICE, OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ASSOCIATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ASSOCIATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, AN APPLICATION, SERVICE, OR WEBSITE, ANY LINKED WEBSITES LINKED, ANY CONTENT ON AN APPLICATION, SERVICE, OR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification: You agree to defend, indemnify, and hold harmless the Association, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 of Use or your use of the Website or Service, including, but not limited to, any use of the content of the Website or Service, their services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or Service.

Governing Law and Jurisdiction: All matters relating to the Website or Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of Kentucky or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Service shall be instituted exclusively in the federal courts of the United States or the courts of Kentucky, in each case located in the City of Louisville and County of Jefferson, although we retain the right to bring any suit, action, or proceeding for breach of these Terms of Use in any user’s country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration: At our sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Website or Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association applying Kentucky law.

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR AN APPLICATION, SERVICE, OR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notices and Communications: We may provide notices and other information electronically, by phone or mobile device, through the mail by U.S. Postal Service or other courier, or by other means. We will send information to the e-mail address, phone number, or postal address as reflected in our records. Any notice or information we send you will be effective, and deemed delivered to you, when posted on our Website, sent electronically, mailed, or otherwise made available to you. You assume all risk of loss in the mail or other transit. If your account has multiple owners, we may send information to any one of them. The person receiving the notice is responsible for providing copies of all information to all other persons with access to the applicable account or Service. Any notice you send to us won’t be effective until we actually receive it and have a reasonable opportunity to act on it.

Unless applicable law or regulation states otherwise, when we need to provide you with information in writing, we can send it electronically, either:

  • To your email address (if applicable and you have provided us with a valid email address);
  • To your text messaging address or other electronic address;
  • By posting the information to our Website; or
  • To an online secure mailbox, or other electronic means.

By providing a phone number to us, you represent that you own or are authorized to provide the number to us. You agree that we may use automatic dialing technology and/or artificial or prerecorded voice messages to call you or send you text messages, even if your phone number is registered to a cell phone or Voice over Internet Protocol Service. You understand and agree we may place calls or send text messages with informational, servicing, or collections messages about your accounts with us. In order to receive text messages from us, such as one-time passcodes or suspicious activity alerts, an eligible mobile phone number and Device are required. Your mobile carrier’s message and data rates may apply.

You agree that we may call, email, and text you to service your accounts, collect any amount you may owe, or discuss our relationship, products, and services with you.

You authorize us to send emails and text messages to others on your behalf, if needed to carry out your instructions. You confirm and agree that you have obtained consent from the person who owns or is the current subscriber of the email address or phone number to receive the communication. These communications may identify you by name and may state that we’re sending them on your behalf and according to your instructions.

Contact information: You agree to notify us immediately if you no longer own or you are no longer authorized to use or share your address, email address or phone number you previously provided to us.

Waiver and Severability: No waiver by the Association of any term or condition set out in these Terms of Use 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 the Association to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Assignment and Delegation: We may assign our interest in these Terms of Use to our affiliates, subsidiaries, and successors. You may not assign or transfer these Terms of Use. We may also assign or delegate certain of our rights and responsibilities under these Terms of Use to independent contractors or other third parties.

Your Comments and Concerns: The Website is operated by Farm Credit Mid-America, ACA, 12501 Lakefront Place, Louisville, KY 40299.

All notices of copyright infringement claims should be submitted pursuant to the procedures described in our Copyright notice and procedures.

All other feedback, comments, requests for technical support, and other communications relating to the Website or Service should be directed to the Contact Us page of the Website.