Terms of Use – SARFA

Terms of Use for Specialty Agriculture Insurance Company of Michigan LLC

Last Revised March 8, 2019

1. ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and Specialty Agriculture Insurance Company of Michigan LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference herein, including the Privacy Notice found at the end of these terms of use (collectively, these “Terms of Use”), govern your access to and use of www.specialtyaginsurance.com, including any related content, functionality, subscriptions, orders and other services (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE (INCLUDING THE LIMITATIONS OF LIABILITY, DISCLAIMERS, INDEMNIFICATION OBLIGATIONS AND ARBITRATION PROVISIONS HEREIN) AND OUR PRIVACY NOTICE, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms of Use or the Privacy Notice, you must not access or use the Website.

This Website is located and managed within the United States, and is intended for users who are 18 years of age or older (please see our Privacy Notice for more detail). Although we welcome our users who are located outside of the United States (including its territories or possessions), we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, and that use of the Website is legal within your geographic location. If you do not meet all of these requirements, you must not access or use the Website.

2. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

3. ACCESSING THE WEBSITE AND SECURITY
We reserve the right to withdraw or amend this Website, as well as any subscription, order, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for the following:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, available at the end of the Terms of Use, and you consent to all actions we may take with respect to your information consistent with our Privacy Notice.

We have the right to suspend the Website or your access to the Website at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, headers, stories, software, text, displays, photos, images, tearsheets, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

5. PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any of the following ways:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to do any of the following:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including its ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Modify copies of any materials from the Website.
Use any illustrations, photographs, video or audio sequences or any graphics from the Website or any text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than those permitted uses set out in this section, please address your request to saicm@specialtyaginsurance.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

6. TRADEMARKS
The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

7. USER SUBMISSIONS
The Website may contain interactive features that allow users to submit or transmit to the Company or other persons (hereinafter, “Submit”) information, content or materials (collectively “User Submissions”) on or through the Website.

By providing any User Submission on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose as described in our Privacy Notice.

You represent and warrant that:

You own or control all rights in and to the User Submissions and have the right to grant the rights granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Submissions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Submissions you submit or contribute, and you, not the Company, have full responsibility for such information content or materials, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Website.

8. MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:

Take any action with respect to any use of the Website that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or that could create liability for the Company.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

9. COPYRIGHT INFRINGEMENT
If you believe that anything on the Website violates your copyright, please contact us at saicm@specialtyaginsurance.com.

10. RELIANCE ON INFORMATION POSTED
The information and content presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information and content. Any reliance you place on such information or content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

In no event will Company be liable for any decision made or action taken in reliance upon the information provided through this Website.

11. CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

12. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information we collect on this Website is subject to our Privacy Notice, available at specialtyaginsurance.com/privacy-policy, as the same may be updated from time to time. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

13. ONLINE SUBSCRIPTIONS AND OTHER TERMS AND CONDITIONS
Registration Violations. Repeated registrations or/and paid subscriptions and cancellations, followed by requests for refunds, by you may, in our sole discretion, be deemed to be in bad faith, and we reserve the right to withhold a paid subscription or order to you and refuse any refund otherwise available to you.

Additional Terms. Additional terms and conditions may also apply to specific portions, subscriptions, orders, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

14. OTHER THIRD-PARTY SERVICES
Additionally, the Website may contain services and functionality provided by third parties. The use of such services or functionalities may be subject to additional terms and conditions provided by such third parties, and we have no control over such terms and conditions. By using this Website, you acknowledge that your use of such third party services is subject to the terms and conditions of use for such third parties, over which we have no control.

15. LINKING TO THE WEBSITE
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 without our express written consent.

16. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. 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 THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SUBSCRIPTIONS, ORDERS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SUBSCRIPTIONS, ORDERS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SUBSCRIPTIONS, ORDERS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SUBSCRIPTIONS, ORDERS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SUBSCRIPTIONS, ORDERS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, User Submissions, interactive features, subscriptions, orders and other services and products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

20. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website initiated by you shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan, in each case located in the City of Grand Rapids or Kent County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. ARBITRATION
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

22. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be, in the first instance, reformed or limited to the minimum extent such that the relevant provision is enforceable, and the remaining provisions of the Terms of Use will continue in full force and effect. If such reformation or limitation cannot cure the deficiency of such provision, it shall be eliminated from these Terms of Use and the remaining provisions of the Terms of Use will continue in full force and effect.

24. ASSIGNMENT
A user may not assign, transfer, exchange, pool or barter any of its rights or obligations under these Terms of Use (including, but not limited to transfer of a registered user account, subscription, order, or any other service provided by the Website) unless expressly permitted by the Company in writing. Any violation of the foregoing restrictions is grounds for immediate user account termination.

25. ENTIRE AGREEMENT
The Terms of Use, Privacy Notice, and any additional terms incorporated by reference constitute the sole and entire agreement between you and the Company with respect to the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

26. CONTACTS
This Website is operated by Specialty Agriculture Insurance Company of Michigan LLC, located at 1600 East Beltline NE, Suite 210, Grand Rapids, Michigan 49525.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to saicm@specialtyaginsurance.com.