Terms of Use Agreement
Welcome to our Web site. By
using our site, you are agreeing to comply with and be bound by the
following terms of use. Please review the following terms carefully. If
you do not agree to these terms, you should not use this site. The
term “Arkansas Farm Bureau” or “us” or “we” or “our” refers to
Arkansas Farm Bureau, Inc., the owner of the Web site. The term “you”
refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You
agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
3. Service Marks.
Farm Bureau and others are our service marks or
registered service marks or trademarks. Other product and company
names mentioned on the Site may be trademarks of their respective
owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any
part of the Site or its contents may be used by you in any litigation
or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create
compilations or derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove, change
or obscure any copyright notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion of the Site
available through any timesharing system, service bureau, the Internet
or any other technology now existing or developed in the future; (g)
remove, decompile, disassemble or reverse engineer any Site software or
use any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; and (j) use the Site in a manner that
violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations.
6. Forms, Agreements & Documents
We may make available through the Site or through other
Web sites sample and actual forms, checklists, business documents and
legal documents (collectively, “Documents”). All Documents are
provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license.
Documents are provided without charge and without any representations
or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness. The Documents are
provided “as is”, “as available”, and with “all faults”, and we and any
provider of the Documents disclaim any warranties, including but not
limited to the warranties of merchantability and fitness for a
particular purpose. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal or
business documents necessary for your particular transactions, as the
Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from
public records.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the
Site is not intended to and does not constitute legal advice,
recommendations, mediation or counseling under any circumstance and no
attorney-client relationship is formed. We do not warrant or
guarantee the accurateness, completeness, adequacy or currency of the
information contained in or linked to the Site. Your use of
information on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a lawyer
referral service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not
engage in illegal or pornographic activities, (c) the link does not
portray Arkansas Farm Bureau or any of its products or services in a
false, misleading, derogatory or otherwise defamatory manner; and (d)
you discontinue providing links to the Site immediately upon request by
us. You may not use any of Arkansas Farm Bureau's trademarks or
service marks as part of any links to the Site without our express
written permission and such rights, if granted, may be revoked at any
time.
9. Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any
error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested, you agree to
provide us with accurate, complete registration information. Your
registration must be done using your real name and accurate
information. Each registration is for your personal use only and not
on behalf of any other person or entity. By submitting information to
us through our website, you warrant that: (a) you are at least 18
years of age; (b) you are a resident of the United States; and (c)
you are providing accurate and current information about yourself. We
do not permit (a) any other person using the registered sections under
your name; or (b) access through a single name being made available to
multiple users on a network. You are responsible for preventing such
unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right
in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible for and
assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content on
the Site. You understand that the information and opinions in the
third party content represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
14. Indemnification.
You
agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
15. Nontransferable.
Your
right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not
transferable or assignable.
16. Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS
A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES,
DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
17. Limitation of Liability
(a)
We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a)
any errors in or omissions from the Site or any services or products
obtainable therefrom, (b) the unavailability or interruption of the
Site or any features thereof, (c) your use of the Site, (d) the content
contained on the Site, or (e) any delay or failure in performance
beyond the control of a Covered Party.
(b) THE AGGREGATE
LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM
ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
(c) TO THE
EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION
OF DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE
LIMATIONS OR EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY; PROVIDED,
HOWEVER THAT IN JURISDICTIONS WHERE LIMITATIONS ON WARRANTIES OR
DAMAGES EXIST, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITED BY LAW.
18. Use of Information.
We
reserve the right, and you authorize us, to the use and assignment of
all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy and as
otherwise provided herein. All remarks, suggestions, ideas, graphics, or
other information communicated by you to us (collectively, a
"Submission") will forever be our property. We will not be required to
treat any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and
future existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for any
commercial or other purpose whatsoever, without compensation to you or
any other person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
19. Third-Party Services.
We
may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of or purchase from such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All
rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
21. Privacy Policy.
Our
Privacy Policy, as it may change from time to time, is a part of this
Agreement. You must review this Privacy Policy by clicking on this link.
22. Payments.
You
represent and warrant that if you are purchasing something from us or
from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the
posted prices, including any applicable taxes.
23. Forward Looking Statements.
The
Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
24. Links to other Web Sites.
The
Site contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
25. Copyrights and Copyright Agents.
We
respect the intellectual property of others, and we ask you to do the
same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent
the following information:
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site;
d) Your address, telephone number, and email address;
e) A statement by you that
you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; and
f) A statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at webhelp@arfb.com
26. Information and Press Releases.
The
Site contains information and press releases about us. We disclaim any
duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided therein.
28. Miscellaneous.
This
Agreement shall be treated as though it were executed and performed in
Little Rock, Arkansas, and shall be governed by and construed in
accordance with the laws of the State of Arkansas (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, Documents, products or services
related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning
and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically
assigned by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Our rights under this Agreement
shall survive any termination of this Agreement.
29. Termination.
We may terminate your right to use our website at any time and without notice.
30. Export Restrictions
Any software and all
underlying information and technology downloaded from the Site
(collectively the "Software") by you may be subject to U.S. export
controls, including the Export Administration Act (50 U.S.C. Appx. §§
2401 et seq.) and the Export Administration Regulations ("EAR", 50
C.F.R. Parts 730-774), and may be subject to export or import
regulations in other countries. You are responsible for complying with
all trade regulations and laws both foreign and domestic. Except as
authorized by law, you agree and warrant not to export or re-export the
Software to any county, or to any person, entity, or end-user subject
to U.S. export controls, including without limitation persons or
entities listed on the U.S. Department of Commerce Bureau of Export
Administration's Denied Parties List and the U.S. Department of
Treasury's Specially Designated Nationals. You further represent and
warrant that no U.S. federal agency has suspended, revoked, or denied
your export privileges.
31. Enforceability and Admissibility
This electronic document and any other electronic
documents, policies, and guidelines incorporated herein will be: (a)
deemed for all purposes to be a "writing" or "in writing," and to
comply with all statutory, contractual, and other legal requirements
for a writing; (b) legally enforceable as a signed writing as against
the parties subject to the electronic documents; and (c) deemed an
"original" when printed from electronic records established and
maintained in the ordinary course of business. Electronic documents
introduced as evidence in any judicial, arbitration, mediation, or
administrative proceeding will, if established and maintained in the
ordinary course of business, be admissible to the same extent as
business records in written form that are similarly established and
maintained.
32. Arbitration.
All disputes, claims and controversies between us
whether individual, joint, or class in nature, arising from this
Agreement or the policies on this Site, including without limitation
contract and tort disputes, shall be arbitrated pursuant to the Rules
of the American Arbitration Association in effect at the time the claim
is filed, upon request of either party. Judgment upon any award
rendered by any arbitrator may be entered in any court having
jurisdiction. Nothing in this Agreement shall preclude any party from
seeking equitable relief from court of competent jurisdiction. The
statute of limitations, estoppel, waiver, laches, and similar doctrines
which would otherwise be applicable in an action brought by a party
shall be applicable in any arbitration proceeding, and the commencement
of an arbitration proceeding shall be deemed the commencement of an
action for these purposes. The Federal Arbitration Act shall apply to
the construction, interpretation, and enforcement of this arbitration
provision. Any arbitration proceeding will be conducted in Little
Rock, Arkansas.