Terms & Conditions

TERMS OF WEBSITE AND DIGITAL TOOLS USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website Landus.ag (“Website”) and any of our Digital Tools that we may offer to customers, now or in the future, whether as a guest or a registered user. Please read these Terms of Website and Digital Tools Use carefully before you start to use the Website and/or Digital Tools. By using our Website and Digital Tools, you indicate that you accept these Terms of Website and Digital Tools Use and that you agree to abide by them. If you do not agree to these Terms of Website and Digital Tools Use, please refrain from using our Website and Digital Tools.

By your use of our Website and Digital Tools, you agree to do business with Us electronically. You further consent to sign agreements and contracts for sale with us electronically. You further agree that your electronic signature on all agreements and contracts for sale with us is the same as your handwritten signature for the purposes of validity, enforceability, and admissibility in all legal proceedings.

ACH General Terms and Conditions

The ACH Services are performed by Landus in accordance with the rules of the National Automated Clearing House Association (“NACHA”) as such rules are amended from time to time. The ACH Service includes the transmission of electronic credit and/or debit entries initiated by Landus and processed through us from your Bank Account(s), as well as transmission of funds you initiate and send through your banking institution to Landus to pay your outstanding invoice(s) at Landus. This service is established solely for your convenience. You understand and agree that this service may be amended, changed, modified or terminated at any time without prior notice by Landus. Your continued use of the ACH Service constitutes your acceptance of any such amendment, change or modification, as the case may be. You agree that the person who authorizes the ACH transfer has full legal authority to do so on behalf of you, Landus’ customer, regardless of whether you are an individual, corporation, partnership, LLC or any other legal entity. You also acknowledge and agree that this authorization will continue until terminated by any owner of the Bank Account(s) by written notification to Landus. Termination will be effective as soon as Landus has had reasonable time to act after receipt of such notification, which could take up to seven (7) business days to accomplish. You acknowledge that you are authorized to enter into this ACH Agreement and to electronically transfer funds between your Bank Account(s) and Landus, whether such Bank Account(s) are owned individually or jointly.

Fees and Costs

Landus may charge a fee in accordance with our fee schedule, as amended from time to time, for providing the ACH Service and/or for each ACH transfer. Landus may also charge a fee should any ACH transfer be rejected by the transferring Third-Party Institution for any reason, including but not limited to, a closed account or an account with insufficient funds at the Third-Party Institution.

Indemnification

You agree to indemnify, defend and hold harmless Landus and each of their respective affiliates, employees, officers, directors, agents and representatives from and against all direct or third-party claims, demands, proceedings, suits, actions, liabilities, penalties, fines, expenses and reasonable attorneys’ fees and costs (including fees and costs incurred in enforcing Landus ACH Authorization Agreement or Landus’ right to indemnification) (collectively “Claims”) in connection with or arising out of the ACH Services and ACH transfer described herein. For purposes of this Section, “third party” shall include any joint account holder of your account at a Third-Party Institution. In no event shall Landus or each of their respective affiliates, employees, officers, directors, agents and representatives be liable for consequential damages. All terms shall be binding upon your heirs, representative and assigns. You agree to release Landus and their respective affiliates, employees, officers, directors, agents and representatives in the event that Landus makes an error which underpays or overpays your account.

Reversals

You authorize Landus to debit or credit your account(s), as necessary, to correct any error in accordance with Landus’ procedures for such error correction, as may be amended from time to time. You acknowledge that Landus is not responsible for the verification or success of any ACH transaction request or the receipt or rejection of funds from any Third-Party Institution.

Consent to Electronic Delivery of Information

You acknowledge and consent to receiving electronically all information relating to the ACH Service, including without limitation, the status of any bank setup, deposits and withdrawals requests, and any other information related to your requested transaction(s). You understand and acknowledge that accessing documents electronically may involve additional costs that are not associated with receiving paper versions, including but not limited to Internet subscription access fees from your Internet service provider and printing costs.

Restrictions on ACH Services

Not all account types are eligible for the ACH Service, and not all Third-Party Institutions accept ACH transaction requests. Landus reserves the right to limit the amount of funds that can be deposited to or withdrawn from your account(s) and can change these limits at any time without notification. Funds cannot be drawn from certain Third-Party Accounts, such as a business account (even if like-titled accounts). The amount withdrawn from your Bank Account(s) cannot exceed the cash available for withdrawal in your account. Landus may restrict, limit, or remove access to ACH requests at any time without notification.

Acknowledgment and Consent

I/We consent to the terms and conditions of this Agreement. I/We acknowledge that Landus has the authority to (1) establish the ACH Service with the designated third-party financial institution, and (2) authorize each ACH transfer, including any Third Party Account held jointly with an individual that is not a Landus Account Owner (3) Landus may rely upon these representations. I/We hereby request that Landus establish on my behalf at the bank named in this request as an authorized bank profile for the purpose of making electronic transfers into or withdrawals from my account at Landus. These transfers may include one-time or recurring instructions. These instructions will remain in full force and effect until Landus has received prompt written or online notification from me (or either of us) of its termination in such time and manner as to afford Lands and your bank, a reasonable time to act upon it. In consideration of accepting one or more accounts and in consideration of accepting these instructions, I hereby acknowledge that I have read and understand and agree to the terms set forth in this Agreement I agree to indemnify and hold harmless Landus and their affiliates for any loss, damage or claim arising from these Terms and Conditions.

INFORMATION ABOUT US

Landus.ag is a site operated by Landus Cooperative, an Iowa cooperative association (“We”). We are a farmer-owned cooperative headquartered in Des Moines, Iowa. Our main address is 220 SW 9th St., Ste. 300 Des Moines, IA 50309-4320

ACCESSING OUR WEBSITE

Access to our Website is permitted on a temporary basis, and we reserve the right to amend the information or withdraw the services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Website (including but not limited to the services other intellectual property rights offered on or via the Website) and in the material published on it. Those works are protected by copyright laws, and treaties around the world. All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organization to material posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off copied or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without the consent of the company.

Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms of Website Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made whether modified or unmodified.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability, all warranties whether express or implied, and all responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

OUR WEBSITE CHANGES REGULARLY

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy or completeness. To the extent permitted by Iowa law, We, and third parties connected to us, hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, law or otherwise;
• any liability whatsoever incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• direct, indirect, consequential, special, exemplary, or punitive damages
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by infringement of general laws (including the omission to act in accordance with reasonable carefulness), breach of contract or otherwise, even if foreseeable.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our Privacy Policy found at https://www.landus.ag/privacypolicy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

SERVICES PROVIDED THROUGH OUR WEBSITE

Services provided through the use of our Website shall be governed by these Terms and Conditions, unless the parties have agreed upon different terms and conditions for services in which case the terms and conditions applicable to such services shall govern.

UPLOADING MATERIAL TO OUR WEBSITE

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the Content Standards set out below. You confirm that any such Contribution does comply with those standards, and you indemnify us and agree to hold us harmless for any failure to comply.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, breach of their confidential information or their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the Content Standards set out below.

PROHIBITED USES

You may use our Website only for lawful purposes. You may not use our Website:

• in any way that breaches any applicable laws or regulations;
• in any way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm any individual in any way;
• to send, receive, upload, download, use or re-use any material which does not comply with our Content Standards set out below;
• to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
• to create liability for us in any way; or in any way that causes us to lose (in whole or in part) the services of our ISPs or other suppliers; and
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of any of the provisions in these Terms of Website Use;
• not to access without authority, interfere with, damage or disrupt:
• any part of our Website;
• any equipment or network on which our Website is stored;
• any software used in the provision of our Website; or
• any equipment or network or software owned or used by any third party.

CONTENT STANDARDS

These content standards (“Content Standards”) apply to any and all material which you contribute to our Website (“Contributions”), and to any interactive services associated with the Website.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

• be accurate (where they state facts);
• be genuinely held (where they state opinions);
• comply with Iowa law and the applicable federal laws of the United States of America.

Contributions must not:

• contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory;
• promote violent or sexually explicit material;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be false, inaccurate or likely to deceive or mislead any person;
• be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case;
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;
• link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms of Website Use.

VIRUSES, HACKING AND OTHER OFFENSES

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or designed to disrupt the current operation of our Website. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial of service attack or a distributed denial-of service attack.

We may report any breach under these Terms of Website Use to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

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 Website or to your downloading of any material posted on it, or on any website linked to it.

LINKING AND FRAMING

You may link to our home page, 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 where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Content Standards.

If you wish to make any use of material on our Website other than that set out above, please address your request to communications@landus.ag

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third party websites and we have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Website, you do this entirely at your own risk.

SUSPENSION AND TERMINATION

We will determine, in our sole discretion, whether there has been a breach of these Terms of Website Use. Where a breach has occurred, we may take such action as we deem necessary and appropriate.

Failure to comply with these Terms of Website Use constitutes a material breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Website;

immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;

issue a warning to you;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

further legal action against you;

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Website Terms of Use. The responses described in these Website Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

JURISDICTION AND APPLICABLE LAW

The State or Federal Courts of Iowa will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Iowa.

TRADE MARKS

Landus Cooperative, AcreEdge, SoyPlus, SoyChlor, PasturChlor and Dairy Nutrition Plus are registered trademarks of Landus Cooperative, and may not be used by anyone for any purpose without express prior written permission of the company.

VARIATIONS

We may revise these Terms of Website Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Website Use may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact communications@landus.ag Thank you for visiting our Website.