Terms of Use
Effective: July 1, 2024
Please carefully read these Terms of Use (“Agreement”) before accessing the Farm Credit Knowledge Center Member Portal. This Agreement has been prepared as a legally binding agreement between you (“you” or “your”) and Farm Credit of the Virginias, together with any subsidiaries and affiliates, (“Farm Credit,” “we,” or “us”), in respect of your use of the Member Portal located at www.farmcreditknowledgecenter.com (the “Member Portal”).
Your use of the Member Portal is only on the condition that you agree to abide by the terms contained in this Agreement. By accessing and using the Member Portal, you agree to be bound by the terms and conditions of this Agreement. DO NOT ACCESS THE MEMBER PORTAL IF YOU DO NOT AGREE TO THESE TERMS OF USE.
Changes to Agreement
Farm Credit reserves the right to change or modify this Agreement or add any additional terms at its sole discretion at any time. If you do not agree to the modified terms of the Agreement for the Member Portal, you should discontinue your use of the Member Portal. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Agreement. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THIS AGREEMENT, ANY CHANGES TO THIS AGREEMENT WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to this Agreement will not apply retroactively to events that occurred prior to such changes. Your continued use of this Member Portal will constitute your agreement to any new provisions within the revised Agreement.
Your License to Access this Member Portal
A subscribing association’s access to and use of this Member Portal are governed by the terms of Farm Credit’s Subscription Agreement. All written content prepared and posted by us, and the Member Portal design, layout, look, appearance, and graphics on the Member Portal, as well as the trademarks, service marks, and logos contained on our Member Portal (collectively, “Farm Credit Content”) are owned by or licensed to us and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. We reserve all rights not expressly granted in, and to, the Member Portal and the Farm Credit Content.
Except as otherwise provided in this Agreement, no part of the Member Portal and no Farm Credit Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use without our prior express written consent.
Your access to this Member Portal is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content we provide on the Member Portal without notice to you.
Restrictions on Participation
Do not misuse the Member Portal or any of the content provided on the Member Portal. You may not interfere with the presentation or delivery of the content on the Member Portal or try to access the Member Portal using any method other than the interface and the instructions that we provide.
As a condition of accessing the Member Portal, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Member Portal other than as expressly allowed under this Agreement; (b) use Farm Credit’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Member Portal (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Member Portal, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Member Portal or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Member Portal or servers or networks connected to the Member Portal, or disobey any requirements, procedures, policies, or regulations of networks connected to the Member Portal.
Links to Other Website Portals
The Member Portal may contain links to other websites, including other Farm Credit websites, but also to third-party website that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the Member Portal does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, treatments, information, products, or services provided on these websites. This Agreement and the Privacy Policy do not apply to these other websites. Be sure to read the user agreements and privacy policies that govern your use of these other websites.
Your Privacy; Protection of Your Account Credentials
Farm Credit’s Privacy Policy describes how we collect and use personal information about you through the Member Portal.
Disclaimer
FARM CREDIT WILL HOST AND PROVIDE THE MEMBER PORTAL USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE. THAT SAID, THE MEMBER PORTAL AND ANY INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FARM CREDIT DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE MEMBER PORTAL, INFORMATION OBTAINED FROM A MEMBER PORTAL, OR LINK TO A MEMBER PORTAL.
FARM CREDIT DOES NOT WARRANT THAT THE MEMBER PORTAL WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE MEMBER PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, FARM CREDIT DOES NOT WARRANT THAT (A) THE MEMBER PORTAL WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE MEMBER PORTAL WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE MEMBER PORTAL WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE MEMBER PORTAL WILL BE CORRECTED.
FARM CREDIT DOES NOT MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE MEMBER PORTAL, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE MEMBER PORTAL MAY BE IMPAIRED. FARM CREDIT DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE MEMBER PORTAL OR ANY INFORMATION OR SERVICES RELATED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE MEMBER PORTAL OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.
Liability Limitation
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT FARM CREDIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE MEMBER PORTAL, DATA LOSS, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE MEMBER PORTAL, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE MEMBER PORTAL.
EXCEPT AS PROHIBITED BY LAW, FARM CREDIT WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE MEMBER PORTAL, DATA LOSS, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE MEMBER PORTAL, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. FARM CREDIT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE MEMBER PORTAL WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FARM CREDIT, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR FARM CREDIT’S ABILITY TO MAKE THE MEMBER PORTAL AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
Indemnification
You agree to indemnify, defend, and hold harmless Farm Credit and its affiliates, officers, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of: (a) your use or attempted use of the Member Portal or any content contained therein; (b) your violation of any law or rights of any third party, and (c) any act or omission by you which is a breach of your obligations under this Agreement. You will have the right to defend and compromise such claim at your expense for the benefit of Farm Credit; provided, however, you will not have the right to obligate Farm Credit in any respect in connection with any such settlement without the written consent of Farm Credit. Notwithstanding the foregoing, if you fail to assume your obligation to defend, Farm Credit may do so to protect their interests and you will reimburse all costs incurred by Farm Credit in connection with such defense.
Termination Rights
You agree that Farm Credit, in its sole discretion, may terminate your use of the Member Portal or your participation in it thereof, for any reason or no reason, and that Farm Credit shall have no liability to you for any such action.
Contact Farm Credit.
If you have any questions or need to contact us for any reason relating to this Agreement, please contact us at:
Farm Credit of the Virginias
P.O. Box 899
Staunton, VA 24402
Or email: [email protected]