Conditions of Use

Introduction

These Conditions of Use apply to the AgWest Farm Credit websites located at AgWestfc.com (collectively the “AgWest Website”). The AgWest Website is the property of AgWest Farm Credit (which consists of AgWest Farm Credit, ACA, AgWest Farm Credit, FLCA and AgWest Farm Credit, PCA). Please read these Conditions of Use carefully before using the AgWest Website or any features or services of this site, including but not limited to, myAgWest and any other enhanced products or features that may be added to the AgWest Website from time to time.

Acceptance of Terms

These Conditions of Use govern your use of any page(s) of the AgWest Website and any pages, features or products of the AgWest Website. Every time you access or use this website and any pages, products or features of this website, you agree that you are bound by, and accept in full, these Conditions of Use. If you do not agree to these Conditions of Use, do not access or use this website or any pages and exit the site immediately. Please read these Conditions  of Use carefully before accessing or using the website.

These Conditions of Use set forth your rights and obligations with respect to the website, including important limitations and exclusions. AgWest will endeavor to keep the website online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will AgWest be liable to any party for any loss, cost or damage that results from any period of downtime of the website.

Use of Website

You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you represent that you are accessing or using this Website while under direct supervision of your parent or legal guardian. In such circumstances, your parent or legal guardian agrees to be bound by, and accepts in full, these Conditions of Use with respect to your access to and use of the website.

AgWest hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this website. The website has been designed to present content in a unique format and appearance. Unless AgWest gives you permission, you agree not to access the website using any interface other than the AgWest interface or to download or reproduce any content from the website. AgWest may deny permission to link to the website for any reason in the sole discretion of AgWest, and you must be able to edit or delete promptly links that you create, upon the request of AgWest. You may not use the website for anything other than a lawful and legitimate purpose. Regardless of the location from where the website is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the website.

In addition, you agree not to attempt to damage, deny service to, hack, crack, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (“Interfere”) with the operation of the website or related information systems. If you in any way Interfere with the website or the operation of the website, you agree to pay all damages incurred by AgWest and its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the website is a material breach of these Conditions of Use and relieves AgWest of any of its contractual or other legal obligations to you, including the obligations of AgWest (including its confidentiality obligations) under these Conditions of Use or any other agreement between you and AgWest related to this website. AgWest will cooperate with the authorities in prosecuting anyone who Interferes with the website, or attempts to defraud any person through the website or the information obtained from the website. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE WEBSITE’S PRIVACY OR SECURITY MEASURES.

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.

Modifications

We reserve the right to change, modify, add or delete portions of the content this website, including these Conditions of Use, at any time without prior notice. Any such changes, modifications, additions or deletions shall be effective immediately upon their posting to the AgWest Website, so please check these Conditions of Use frequently for updates. Your continued use of this website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.

Restrictions on Use of Website

You may not, for commercial or public purposes, copy, modify, upload, distribute, transmit, display, reproduce, transfer, resell, or republish any of the Content of this website without our prior written consent, which consent may be withheld in our sole discretion. Unauthorized use of the AgWest Website and systems, including but not limited to unauthorized entry into AgWest systems, misuse of passwords, or misuse of any information posted on this website is strictly prohibited and may subject you to prosecution. Your eligibility for particular products and services is subject to final determination by AgWest.

Your Account

Certain features or services offered on or through the AgWest Website may require you to register, enroll, or create an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of your account information and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify AgWest immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by AgWest or any other user of or visitor to the AgWest Website due to someone else using your user ID, password or account. We reserve the right to deactivate your account or suspend use of the site for any reason.

Email

You may use the email feature in the Contact Us section of this website for general, non-urgent communications with AgWest and to request information. You should not rely on this email feature to transmit or request sensitive personal information such as account numbers or to provide time-sensitive notices. In any event, we will not take action based on an email request until we actually receive your message and have a reasonable opportunity to react. We reserve the right to terminate email services and/or your use of the Website if email is used for threatening, abusive, obscene, libelous, defamatory or offensive material. Offensive material includes, among other things, sexually explicit messages or other messages that can be construed to be harassment or disparagement of others based on their race, color, religion, disability, age, sex, sexual orientation or national origin.

AgWest currently offers subscription email updates. Subscription email options may be reduced and/or new email options may be offered from time to time. To unsubscribe from an email subscription, please click the preference center link found at the bottom of email communications, or click here to contact us.

Website Links and Embedded Third-Party Content

These Conditions of Use apply only to your use of the website. Some third party websites or other third party resources may be linked to or embedded in the website (“Third Party Sites”). Certain Third Party Sites contain embedded third-party features (such as market information, weather information and the payment calculator), articles and other material written by third parties. AgWest cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained on such Third Party Sites. AgWest makes no warranties or representations regarding these or Third Party Sites or the information, materials, products or services offered by or on them, or whether any such Third Party Sites contain harmful computer viruses or code. Links to Third-Party Sites are included solely for your convenience, and do not constitute any endorsement, recommendation or opinions of or by, AgWest. You assume sole risk and responsibility for use of third-party content and Third-Party Sites and the disclaimers set forth herein are equally applicable to such third-party content and Third-Party Sites. These Third Party Sites may have their own terms or conditions of use, privacy policies and security practices. You should read the privacy and security policies of the other features and sites, as their practices may differ from ours. Subject to the terms of applicable service or other agreements, we will remove any link from this website upon request from the owner of the linked Third Party Site.

Trademark, Copyright, and Intellectual Property Laws

AgWest retains all rights with respect to the website. All content included or available in connection with the website, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the website (collectively with all information and material about AgWest and its services, “Content”) and the selection and arrangement thereof, are the sole and exclusive property of AgWest or its licensors. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of AgWest or any third party.

THE CONTENT RELATED TO AGWEST IS THE PROPRIETARY PROPERTY OF AGWEST, OR AGWEST LICENSORS, AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, PERFORM, DISPLAY, MODIFY, EXTRACT DATA FROM OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING, OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF AGWEST. SUCH FRAMING OR LINKING IS STRICTLY PROHIBITED UNDER THESE CONDITIONS OF USE.

Unless otherwise noted, all Content is: Copyright © 2023 AgWest Farm Credit . All rights reserved.

The trade name, logos, emblems, insignia, names of services and the trademarks of AgWest (“Trademarks”) are the intellectual property of AgWest. The Trademarks and other logos and trademarks that appear throughout the website belong to AgWest, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of AgWest, you agree not to display or use the Trademarks in the offering or sale of any goods or services or in any manner that is likely to confuse consumers or dilute the Trademarks. The domain name for this website, all page headers, custom graphics, and button icons are the intellectual property of AgWest. Nothing on the website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of AgWest, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and services listed on the website may be the intellectual property of their respective owners.

Unless otherwise stated, AgWest does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its products and services. Any such postings to this website and electronic mail delivered to AgWest will be considered non-confidential and non-proprietary, and will remain the exclusive property of AgWest. AgWest may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

Mobile Devices

The following terms apply to persons accessing this website through a mobile device:

Your wireless provider may charge for use of this website, including fees for receipt of text messages or data transmission. These fees are not charged by AgWest, and you should contact your wireless provider to determine what fees, if any, will be charged. You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.

Remedies and Corrective Action

AgWest reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of these Conditions of Use, and expressly reserves all rights and remedies available to AgWest at law or in equity. Subject to obligations of AgWest under a user agreement, AgWest reserves the right to prevent access to the website to you or any other user for any reason, at any time.

Indemnification

You agree to defend, indemnify and hold harmless AgWest and all officers, directors, members, employees, authorized representatives, contractors and agents, and licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, or costs and expenses, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising from or related to your, or any user of your accounts, breach of these Terms of Use, use of this website, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this website.

Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of Washington. Venue with respect to any disputes arising from the use of this website will rest exclusively in the courts of Spokane County, Washington, and the federal court for the Eastern District of Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such dispute.

Severability

If any provision of these Conditions of Use is deemed to be unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Disclaimer of Warranty

THIS WEBSITE IS PROVIDED BY AGWEST ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGWEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY, COMPLETENESS, FUNCTIONALITY OR TIMELINESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGWEST DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS. AGWEST MAKES NO WARRANTY THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM AGWEST WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL AGWEST OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (“REPRESENTATIVES”) THEREOF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT OR FUNCTIONALITY CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY EMBEDDED THIRD-PARTY CONTENT, OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF AGWEST, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, OR EVEN IF SUCH DAMAGES WERE FORESEEABLE.

No Agency

Neither these Conditions of Use, nor any content, materials or features of this website create any partnership, joint venture, employment or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign or transfer these Conditions of Use directly or indirectly without the prior written consent of AgWest. These Conditions of Use are assignable by AgWest. Any attempted assignment or delegation in violation of this section will be null and void.

References

References to and mentions of the word “including” or the phrase “e.g.” mean “including, without limitation.”

General

These Conditions of Use constitute the entire agreement between you and AgWest and govern your use of this website. The failure of AgWest to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. AgWest reserves the right to deny access to this website to anyone at any time.

Miscellaneous Provisions

Additional terms and conditions may apply to certain services and to specific portions or features of the AgWest Website, including myAgWest, Online Banking or other similar features, all of which terms are made a part of these Conditions of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Conditions of Use and the conditions posted for or applicable to a specific portion of the AgWest Website or for any service, feature or product offered on or through the AgWest Website, the latter terms shall control with respect to your use of that portion of the AgWest Website or the specific product or service.

AgWest’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the AgWest Website should be construed to alter such agreements.

These Conditions of Use, together with the Privacy Statement of the AgWest Website, represent the entire understanding of the parties regarding the use of the AgWest Website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Conditions of Use. A modification or waiver of a part of these Conditions of Use shall not constitute a waiver or modification of any other portion of the Conditions  of Use.

Conditions of Use dated January 1, 2023.