Site Usage Summary
Thank you for your interest in AgCountry Farm Credit Services, ACA, PCA, FLCA (“Farm Credit”) Business Online Service.
This agreement governing your use of the Service (this “Agreement”) will help make online access even more convenient by allowing us to electronically share information with you, as well as provide updates and other useful information, including an ever growing farmer/customer website filled with interesting information pertinent to the agricultural community; all at your convenience. Clicking the "I agree to the Terms and Conditions of the Site Usage, E-Sign Disclosure and Consent Agreement” checkbox at the bottom of the page and then pressing the submit button, will allow you to begin accessing our Service electronically. By doing so, you are also confirming that you have the capabilities to receive and review electronic records and that you have an active email account. You are also confirming that you have the authority to consent on behalf of all co-borrowers of your loan(s). By continuing with your request to participate in the Service, you agree that we may provide you with this Agreement and any revisions and amendments to this Agreement in electronic form.
Definitions. In this Agreement, the words:
- "We," "us," "our" and "Farm Credit" means AgCountry Farm Credit Services, ACA, PCA, FLCA and any of its affiliates or direct or indirect subsidiaries.
- "You" or "your" means, as applicable, the individual agreeing to be bound by the terms of this Agreement as user of the Services,
- "Service" means the Farm Credit Business Online Service, commonly known as My AgCountry, which includes various communication tools, and personalized content as may be available on our Website from time to time.
- "Website" refers to the AgCountry Farm Credit Services, ACA, PCA, FLCA website and other web pages accessible through agcountry.com.
Your use of the Service. Subject to the terms and conditions of this Agreement, you may use the Service to access all available functionality through the Website. The available categories of Service are described on our Website and may change from time to time, at our sole option.
We may, from time to time, introduce new features to the Service or eliminate features from the Service. When this happens, we will update our Website accordingly.
If this Agreement conflicts with any other written agreement between you and Farm Credit, or the other written agreement has terms that are not addressed in this Agreement, then the other written agreement will control and take precedence, unless this Agreement specifically states otherwise. The other written agreement will only control to the extent necessary to resolve the conflict or inconsistency.
Failure To Activate and/or Maintain Your Account: In order to maintain a secure system, in the event that you (i) fail to login to our system and activate your user identification and password within ninety (90) days from your enrollment date, or (ii) fail to login to our system for a period of ninety (90) consecutive days we may terminate your access to the Service and remove you from our system.
Email Use. When you enroll in the Service, you will have access to our Website, which may include the capability to automatically send a secure message to Farm Credit by using our file transfer functionality. You will be asked to designate a personal (noncommercial) primary email address, which we will use to notify you that a file is waiting for you on our Website. We may also use this email address to provide you with other notifications regarding functionality.
Consent to Electronic Delivery of Communications and E-Sign Disclosures. From time to time we may need to convey information to you about our services or certain information or documents that we are required by law or regulation to provide to you in writing. By selecting the "Agree" checkbox below, you agree that we may provide, at our option, such information and documents to you electronically. This might include, for example, (i) revisions and amendments to this Agreement or other information in connection with the Service, (ii) your loan documents, including the fully executed Loan Application, Promissory Note/Loan Agreement, Security Agreement, Mortgage, (iii) fee charts and disclosures required by our regulators, (iv) account statements, disclosures, notices, messages, records, (v) notices for annual and quarterly reports, annual meeting information statements, and notices of significant changes in Farm Credit’s permanent capital ratio and (v) all other documentation and information relating to loans, leases and other transactions available electronically through our website (collectively “Communication”.).
AgCountry may do so by: (1) posting or making the Communication available in your banking secure mailbox (accessible at or through the Service); (2) posting the Communication on our online banking internet site; (3) sending the Communication to the email address you provide to AgCountry; or (4) sending you an email or short message services (“SMS”) text to the cellular telephone number you provide to AgCountry for your mobile phone or other wireless device. Your internet service provider or wireless service provider (such as your cellular telephone carrier) may charge you fees or other costs for sending or receiving Communications by email or SMS text message. You agree that you are responsible for all such fees and costs. Any Communications that we send you, or that you send us, may not be encrypted. The Communications may include your name and information pertaining to your Account.
We will continue to provide your tax statements on paper unless you elect to receive them electronically. We may, at our option, satisfy our obligation to provide you with our Annual Report and Quarterly Reports by providing availability to it on our website; www.agcountry.com.
In agreeing that AgCountry may provide Communications to you in electronic form or make them available to you in electronic form, you are also agreeing that AgCountry is not required to provide you with a paper version of the Communication unless you ask us for a paper copy. You may request that AgCountry mail you a paper copy of any Communication provided or made available to you in electronic form, and AgCountry will provide the paper copy to you at no cost to you. To request a paper copy of any Communication contact your branch office.
You agree that a Communication is considered “given” to you and received by you on the date it is posted, made available, or sent to you as provided in this Agreement.
Your consent will apply to (1) Communications relating to any existing or future transaction; (2) your use of the Services; and (3) any other Communications relating to any transaction that you ask to receive electronically or agree to receive electronically.
Updating Your Information. You agree to regularly keep Farm Credit updated regarding your contact information so that we may send electronic (email) messages to you as needed, in conjunction with this Agreement.
Your Consent to Electronic Delivery of Communications. You agree that all Communications covered by this section called "Consent to Electronic Delivery of Disclosures and E-Sign Disclosures" will be provided to you or made available to you in electronic form. Your consent is effective until you withdraw it. If you wish at any time to withdraw consent to receive information electronically or to terminate the Service, please contact your branch office. Withdrawal of your consent will have no legal effect on the effectiveness, validity, or enforceability of any Communications that were provided or made available to you in electronic form prior to the effective date of your withdrawal. After viewing a Communication, you will be able to download and/or print it for your records.
Hardware and Software Requirement; Privacy and Confidentiality; Password Security. We are committed to protecting your security and confidentiality. To ensure your privacy while using our Website and Service, you are only able to access this information with high security browsers.
The minimum system requirement that will enable you to use the Service and to receive this Agreement and any future information related to the Service, is a Current Version of a secure internet browser we support.
You can use any computer that has internet access, but it must be a Current Version of an operating system we support. You will need a Current Version of the Adobe Acrobat Reader program in order to read certain information. A printer is required if you wish to print out records on paper for retention, and electronic storage if you wish to retain records in an electronic format. An active email address is also required.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
"Current Version," as used above means a version of the software that is currently being supported by its publisher. The following link includes more information on the technical system requirements we currently support: Technical Requirements. (Note: If you click on the Technical Requirements link, be sure to come back to this page to finish reading this Agreement.)
You should check the Technical Requirements page occasionally for updates on software we support.
We reserve the right to discontinue support of a Current Version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with the Services.
If you have any questions regarding the minimum system requirements of the Service, please contact your branch office. By consenting, you confirm that you have the ability to access the Service and view Communications electronically and that the computer that you intend to use for the Services meets the requirements described herein.
If a change in hardware or software requirements is needed for you to access the Service or Communications, AgCountry will notify you of the revised requirements for access or retention. At that time, you will have the right to withdraw your consent. If you withdraw your consent, AgCountry will no longer provide the Communications in electronic form or make them available in electronic form.
Once you have enrolled in the Service you will be asked to select a user identification (your “User ID”) and secure password (your “Password”). You should avoid using passwords that are easily determined by third parties.
Each time you access the Service online, you will be required to enter your User ID and Password. If no action is taken within twenty (20) minutes or such other time period as we may institute from time to time, you will be automatically logged off and be required to re-enter your Password. You agree to refrain from leaving your computer unattended while logged on to the Service. You are responsible for maintaining the confidentiality of your User ID and Password and you shall promptly report to us any breach of confidentiality by contacting your local branch office. If your User ID and/or Password is lost or stolen, or you have reason to believe it is known by another individual, you must notify us immediately. Failure to notify us could result in a loss of funds and immediate notification will help to minimize any losses you suffer through unauthorized use of your User ID and/or Password.
It is strongly recommended you change your Password regularly to protect the security and privacy of your financial information, and update your access account information regularly.
We will protect your information from being disclosed to third parties except for the following situations:
- In order to comply with government agency or court orders;
- If you give us written permission
Service Error Resolution In case of errors or questions about the Service, call or write your branch office.
No Liability for Failure to Provide Service. The Service is provided by us as a convenience to you. Under no circumstances will we have any liability to you for failing to provide you access to the Service. Furthermore, unless otherwise required by applicable law, we will only be responsible for performing the Service as expressly stated in this Agreement, and will only be liable for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct in performing the Service.
Farm Credit assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). IN NO EVENT WILL WE HAVE LIABILITY FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE WHETHER OR NOT ANY CLAIM FOR SUCH DAMAGES IS BASED ON TORT OR CONTRACT OR WE KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES.
The Services are provided "AS IS," without warranties of any kind. Farm Credit expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. Farm Credit shall have absolutely no liability in connection with the Service including without limitation, any liability for damage to your computer hardware, software, data, information, and business resulting from the Information or the lack of information available through the Service.
Farm Credit shall have no liability for:
- Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in delivering the Service;
- Any errors, omissions, or inaccuracies in the Service regardless of how caused, or delays or interruptions in delivery of the Service; or
- Any decision made or action taken or not taken in reliance upon the Service furnished hereunder.
Farm Credit makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Service or that the Service may be relied upon for any reason. Farm Credit makes no warranty, representation or guaranty that the Service will be uninterrupted or error free or that any defects can be corrected. This disclaimer of warranty/liability is made by Farm Credit, and includes its subsidiaries, successors, and their employees, agents and representatives, and any third-party providers or sources of information or data.
We will not be obligated to honor, in whole or in part, any instruction which:
- is not in accordance with any term or condition applicable to the Service we have reason to believe may not be authorized by you or involves funds subject to a dispute, restriction or legal process;
- would violate any applicable provision of our risk control programs or any applicable rule or regulation of the Farm Credit Administration;
- is not in accordance with any other requirement of our applicable policies, procedures or practices; or
- we have reasonable cause not to honor for our or your protection.
Third Parties. Except as specifically provided in the Agreement or where applicable law requires a different result, neither we nor our service providers or other agents will be liable for any loss or liability resulting in whole or in part from any act or failure to act of your equipment or software, or that of an Internet browser provider, by an Internet access provider, by an online service provider or by an agent or subcontractor of any of them, nor will we or our service providers or other agents be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way out of your access to or use of, or failure to obtain access to the Service.
Fees and Charges. Access to the Service is provided free of charge.
Business Use. The Service is provided to be used in relation to and for the purposes of your business. You covenant and agree not to use the Service primarily for personal, family or household purposes.
Severability. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, that provision shall be ineffective to the extent of such invalidity only, without affecting the remaining provisions of this Agreement.
Amendment. This Agreement may be amended at any time by us. The revised information will be made available at any of our branch offices, on our website and/or may be mailed or sent via electronic mail to you.
Termination. Either party may terminate this Agreement by giving notice to the other party. We will mail notice of termination to you at the address you have provided your branch office. If you terminate this Agreement you will no longer be eligible to use the Service.
Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Dakota.