Effective date January 7, 2023 | Last Modified March 24, 2025

Terms of Use

Acceptance of these terms of use:

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR DIGITAL PLATFORMS (AS DEFINED BELOW), OR OTHERWISE AGREEING TO THE TERMS OF USE, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

The terms of use are entered into by and between You and AgAmerica Lending LLC, a Florida limited liability company (the “Company," "we," "us," or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the AgAmerica Services (defined below) and any interactions or communications you have with us through the AgAmerica Service.

Please read the Terms of Use carefully before you use our Digital Platforms. By using our Digital Platforms or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Terms of Use and you acknowledge our Privacy Policy, found at https://agamerica.com/privacy-policy/. If you do not accept the Terms of Use, you must not access or use our Digital Platforms.

Our Digital Platforms are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using our Digital Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Digital Platforms.

THE TERMS OF USE CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF OUR DIGITAL PLATFORMS IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT USE OUR DIGITAL PLATFORMS.

CONTINUED ACCESS AND USE OF OUR DIGITAL PLATFORMS AFTER CHANGES HAVE BEEN MADE TO THE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS OF USE THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THE TERMS OF USE PERIODICALLY AND THAT YOU SHALL BE BOUND BY THE TERMS OF USE AND ANY MODIFICATIONS TO IT.

If you are an individual accessing or using our Digital Platforms on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to the Terms of Use on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to the Terms of Use. References to “you” and “your” in the Terms of Use will refer to both the individual using our Digital Platforms and to any such Organization.

We are committed to making our Digital Platforms accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of our Digital Platforms, please Contact Us.

Definitions

1. “Account” means, as applicable, your Borrower Account or User Account.
2. “AgAmerica Service(s)” means the online or hosted services provided by AgAmerica to you through our Digital Platforms which include, among other things, certain portal functionality enabling you to apply for a loan, access, review, and make payments on your Account, as well as receive customer support.
3. “Applicant” means the legal entity(ies) or individual(s) who have applied for a loan or line of credit from us.
4. “Applicant Account” means the account created by Applicant in order to access the AgAmerica Services.
5. “Borrower” means the legal entity(ies) or individual(s) to whom we have issued a loan or line of credit.
6. “Borrower Account” means the account created by Borrower in order to access the AgAmerica Services.
7. “Customer Portal” means the portal by which an Applicant, Borrower, Guarantor, or User may access the Account.
8. “Digital Platform” means the Customer Portal, the Website, and any other online or hosted services provided to you through the Customer Portal or Website through which you may access and use the AgAmerica Services.
9. “Guarantor” means the legal entity(ies) or individual(s) who is a guarantor to the Borrower’s loan or line of credit issued by us.
10. “Guarantor Account” means the account created by Guarantor in order to access the AgAmerica Services.
11. “User” means an individual that Applicant, Borrower, or Guarantor has authorized or appointed to access and/or use the AgAmerica Services on behalf of the Applicant, Borrower, or Guarantor.
12. “User Account” means an account created by a User to access and use AgAmerica Services as a User.
13. “Website” means the websites owned by AgAmerica (e.g., https://agamerica.com/).
14. “You” means Applicant, Borrower, Guarantor, and/or User.

Changes to the terms of use:

We may revise and update the Terms of Use from time to time in our sole discretion. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when the Terms of Use was last revised. All changes are effective immediately when we post them and apply to all access to and use of any of our Digital Platforms thereafter. However, any changes to the dispute resolution provisions set out by the 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.

We encourage you to periodically check this page from time to time so you are aware of any changes, as they are binding on you. Your continued use of our Digital Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to the Terms of Use as modified, then you must discontinue your use of our Digital Platforms. Your continued use of our Digital Platforms will signify your continued agreement to the Terms of Use as revised. We will make reasonable efforts to notify you of material changes to the Terms of Use. Such efforts might include posting notice on the Website, an email to the address we have on file, or a message in your Account.

Accessing the website and account security:

We reserve the right to withdraw or amend our Digital Platforms, and any service or material we provide on our Digital Platforms, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Digital Platforms are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Digital Platforms, or the entire Digital Platforms, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to our Digital Platforms.
Ensuring that all persons who access our Digital Platforms through your internet connection are aware of the Terms of Use and comply with them.

The Customer Portal is accessible by each owner of an eligible account, a person applying for an eligible account, or authorized representative appointed or entitled to online access on another person’s behalf.

When you apply for or are approved for an AgAmerica Service, we will set up your profile according to your user and/or account status (e.g., Applicant, Borrower or Guarantor) and we will send a secure link, code, or other authentication method for you to access the Customer Portal. Applicants,

It is a condition of your use of the AgAmerica Services that all the information you provide on our Digital Platforms are correct, current, and complete.

If you choose, or are provided with, a username, 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. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to our Digital Platform or portions of it using, if applicable, your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account, if applicable, at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, 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 the Terms of Use. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Digital Platforms and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Intellectual property rights:

Our Digital Platforms and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors.

Subject to your compliance with the Terms of Use, we grant you a limited license to access and use our Digital Platforms for your personal, non-commercial use only. 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 Digital Platforms, except as follows:

Your computer may temporarily store copies of such materials in RAM 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 or download a copy of a specific page of our Digital Platforms for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile 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 (see active profiles below) with certain content, you may take the actions enabled by those 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. You must not access or use for any commercial purposes any part of our Digital Platforms or any services or materials available through our Digital Platforms.

If you wish to make any use of material on our Digital Platforms other than that set out in this section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Digital Platforms in breach of the Terms of Use, your right to use our Digital Platforms will stop 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 our Digital Platforms or any content on our Digital Platforms is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of our Digital Platforms not expressly permitted by the Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws.

Trademarks:

The Company name, the terms AgAmerica, AgAmerica Lending, AgAmerica Giving, AgAmerica Media, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Digital Platforms are the trademarks of their respective owners.

Prohibited uses:

You may use our Digital Platforms only for lawful purposes and in accordance with the Terms of Use. You agree not to use our Digital Platforms:

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 Content Standards set out in the Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses 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 our Digital Platforms, or which, as determined by us, may harm the Company or users of our Digital Platforms, or expose them to liability.

Additionally, you agree not to:

Use our Digital Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Digital Platforms, including their ability to engage in real time activities through our Digital Platforms.
Use any data mining, bots, spiders, or other automatic device or data gathering tool, directly or indirectly on our Digital Platforms for any purpose, including monitoring or copying any of the material on our Digital Platforms or collecting any information from our Digital Platforms or any other user of our Digital Platforms.
Use any manual process to monitor or copy any of the material on our Digital Platforms the Website, or for any other purpose not expressly authorized in the Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Digital Platforms.
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 our Digital Platforms, the server on which our Digital Platforms are stored, or any server, computer, or database connected to our Digital Platforms.
Attack our Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack.

User contributions:

Our Digital Platforms may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, calculators, website forms and quizzes, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through our Digital Platforms.

All User Contributions must comply with the Content Standards set out in the Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary and you agree and acknowledge that your posting in Interactive Services creates no expectation of privacy. By providing any User Contribution on our Digital Platforms, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with the Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We do not endorse User Contributions posted in Interactive Services, cannot guarantee the accuracy or authenticity of such User Contributions, and are acting only as a passive conduit for such User Contributions. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Digital Platforms.

Interactive Chats and Chatbots:

Our Digital Platforms may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our Privacy Policy to learn how we treat information that could identify you that we acquired via a Chat. If you are signed into an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third-parties, and you may be entering into a contractual agreement with those third-parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.

Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that its apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives. Our Digital Platforms may provide features that enable you to get support for certain products including a chat feature, a support email address, or a telephone hotline. Information collected via these support methods is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered a User Contribution.

Text Message Program Terms:

BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THE TERMS OF USE AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.

To keep you informed about your Account, applications, and other business-related matters, we offer our customers mobile alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Policy.

Signing Up and Opting Into a Text Message Program

Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to the Terms of Use. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to the terms of the Terms of Use. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.

By opting into a Text Message Program, you:

Authorize us to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
Acknowledge that you do not have to consent to receive text message advertisements as a condition of purchasing goods or services.
Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt into the Text Message Program.
Consent to the use of an electronic record to document your opt-in.

While you consent to receive messages sent using automated technology, the Terms of Use shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).

Content You May Receive

Once you opt-in to a Text Message Program, your message frequency may vary. You may receive alerts about:

Security Services, Verifications, or Alerts;
Application and/or Account Status Notifications;
Billing or Payment Alerts; and
On-Demand Text Message Reply Services

Opting Out and Seeking Assistance

You may update your preferred contact method at any time by modifying your contact preferences here. In addition, you may opt out of receiving text messages from us at any time by texting “STOP” to any of the text messages you have received from us. You may resubscribe by texting “UNSTOP” to the same number. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword command. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, is not a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. The Terms of Use will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.

If you need assistance at any time, or you forget what keywords are supported, just text “HELP” to the number sending the text message you received.

Cost and Frequency of Messages

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.

Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.

Supported Carriers

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Changing Your Phone Number

If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of the Terms of Use. To notify us or find out more information on our text message marketing programs, Contact Us. Our Privacy Policy applies to text message marketing programs.

Monitoring and enforcement; termination:

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Content standards:

We have the right (but have no obligation) to do one or all of the following, at our sole discretion:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Digital Platforms or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Digital Platforms.
Terminate or suspend your access to all or part of our Digital Platforms for any or no reason, including without limitation, any violation of the Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Digital Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on our Digital Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright infringement:

If you believe that any User Contributions violate your copyright, please request to see our Copyright Policy instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on information posted:

The information presented on or through our Digital Platforms 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 our Digital Platforms, or by anyone who may be informed of any of its contents.

Our Digital Platforms may include 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 Company, 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 Company. 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.

Changes to the website:

We may update the content on our Digital Platforms from time to time, but the content is not necessarily complete or up-to-date. Any of the material on our Digital Platforms may be out of date at any given time, and we are under no obligation to update such material.

Information about you and your visits to our Digital Platforms:

All information we collect on our Digital Platforms are subject to our Privacy Policy. By using our Digital Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the website and social media features:

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of the Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features and any links at any time without notice in our discretion.

Links from the website:

If our Digital Platforms contain 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 our Digital Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic restrictions:

The owner of our Digital Platforms is based in the State of Florida in the United States. We provide our Digital Platforms for use only by persons located in the United States. We make no claims that our Digital Platforms or any of the content is accessible or appropriate outside of the United States. Access to our Digital Platforms may not be legal by certain persons or in certain countries. If you access our Digital Platforms 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 our Digital Platforms 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 OUR DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE OUR DIGITAL PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR DIGITAL PLATFORMS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR DIGITAL PLATFORMS IS AT YOUR OWN RISK. OUR DIGITAL PLATFORMS, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR DIGITAL PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR DIGITAL PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR DIGITAL PLATFORMS, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR DIGITAL PLATFORMS WILL BE VALID, 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 OUR DIGITAL PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR DIGITAL PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, THE “RELEASEES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR DIGITAL PLATFORMS OR ANY OTHER PLATFORMS OR WEBSITES LINKED TO IT, ANY CONTENT ON OUR DIGITAL PLATFORMS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, 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. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.

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 Company and the Releasees and all of our 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 the Terms of Use or your use of our Digital Platforms, including, but not limited to, your User Contributions, any use of content, services, and products other than as expressly authorized in the Terms of Use, or your use of any information obtained from our Digital Platforms.

Governing Law and Jurisdiction:

All matters relating to our Digital Platforms and the 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 laws of the State of Florida exclusive of conflict or choice of law provisions or rules (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or our Digital Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Tampa and County of Hillsborough, although we retain the right to bring any suit, action, or proceeding against you for breach of the Terms of Use in your 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.

You and we acknowledge that the Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraphs with respect to applicable substantive law, any arbitration conducted pursuant to the terms of the Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

Disputes, Arbitration, and Class Action Waiver:

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THE TERMS OF USE. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW IS FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.

Agreement to Binding Arbitration

You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all matters relating to or arising from the Terms of Use, our Privacy Policy, or any other agreements between you and Company, including, the validity and enforceability of this agreement to arbitrate (each, a “Dispute”), shall be resolved by binding arbitration in Tampa, Florida, unless an exception applies as stated below. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The arbitration shall be administered by American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules (the “AAA Rules”) in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in the Terms of Use, in which case the Terms of Use will govern. The AAA Rules are available at www.adr.org. Judgment on any award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The arbitration of all disputes, including any issues concerning the existence, validity, or scope of either the Terms of Use or the arbitration clause, including whether any claim is subject to arbitration. Arbitration will be conducted by a single arbitrator, who shall be a member in good standing of The Florida Bar with a least ten (10) years of experience in agricultural lending, commercial real estate lending, or similar matters and shall be selected using the following procedure: (a) the AAA will send the parties a list of ten (10) candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within ten (10) days, striking up to three (3) candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. All arbitrators appointed pursuant to this process are subject to the disclosure and disqualification procedures set forth in the AAA Rules and any applicable state laws or rules.

The parties agree that discovery shall be limited so that the only discovery permitted shall be Requests to Produce, unless additional discovery is permitted by the arbitrator on a good faith showing by a party that additional discovery is necessary. Any discovery objections also shall be decided by the arbitrator (e.g., privilege, burdensomeness, etc.). The parties further agree all arbitration hearings shall be governed by Florida substantive law and the Federal Rules of Evidence shall apply to all such hearings and be enforced by the arbitrator.

Exceptions to Arbitration

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the governing law provision below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

Class and Mass Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. YOU FURTHER AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

In any action between you and us, if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action. In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any such proceeding, the arbitrator’s factual findings will not be entitled to deference by the court.

Jury Trial Waiver

If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Seeking Arbitration

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: AgAmerica Lending LLC, Attn: Legal Department, 4030 S. Pipkin Road, Lakeland, FL 33811. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.adr.org.

Fees

You and we agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county (or parish) of residence. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. The Terms of Use authorizes the arbitrator to award fees or other sanctions against your counsel. Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.

Hearing

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. In the event the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.

Injunctive Relief

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of the Terms of Use unenforceable, that portion shall not be effective, and the remainder of the Terms of Use shall remain effective. No waiver, express or implied, by either party of any breach of or default under the Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality

You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Coordinated Proceedings

If twenty-five (25) or more individuals initiate Notices of dispute with us raising similar claims, and counsel for the individuals bringing the claims are the same or are coordinated for these individuals (“Coordinated Claims”), the claims shall proceed in arbitration in a coordinated proceeding. Counsel for the individuals and our counsel shall each select ten (10) cases to proceed first in arbitration in a bellwether proceeding (“Test Cases”). The remaining cases shall not be filed in arbitration until the first ten (10) have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of the Test Cases, each side may select another twenty-five (25) cases to proceed to arbitration for a second bellwether proceeding. This process may continue until the parties have determined an objective methodology to make an offer to resolve each and every outstanding claim. A court will have authority to enforce this clause and, if necessary, to enjoin the mass filing of arbitration demands against us. Individuals bringing Coordinated Claims shall be responsible for up to US $250 of their filing fees or the maximum permissible under the applicable arbitration rules, whichever is greater. All applicable statutes of limitations and defenses based upon the passage of time will be tolled while the Coordinated Proceedings specified in this Section are pending. We will take such action, if any, required to effectuate such tolling.

Punitive Damage and Limitation of Liability

In any arbitration arising out of or related to the Terms of Use, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to the Terms of Use, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.

Severance of Arbitration Agreement

If the clauses concerning and describing the procedures and obligations related to Coordinated Claims and Test Case procedures is or becomes invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from the Terms of Use. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.

California Residents

If you are a California resident, you will not be required to pay the fees and costs incurred by the opposing party if you do not prevail.

Limitation on the time to file claims:

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR OUR DIGITAL PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and severability:

No waiver by the Company of any term or condition set out in the 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 Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the 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.

Entire agreement:

The Terms of Use constitute the sole and entire agreement between you and AgAmerica regarding our Digital Platforms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Digital Platforms.

Contact Us:

This website is operated by AgAmerica Lending LLC, a Florida limited liability company with corporate offices at 4030 S. Pipkin Road, Lakeland, FL 33811.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All feedback, comments, requests for technical support, and other communications relating to our Digital Platforms should be directed to: [email protected].