AMERICAN FARMLAND COMPANY ONLINE USER AGREEMENT
The information set forth on the Site does not purport to be complete. While Company uses reasonable efforts to update the information on the Site, Company makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Any contents on the Site, including in this Agreement, are subject to change without notice.
Company owns and maintains this site and all content found herein. Nothing at this site shall be construed as granting by implication, estoppels or otherwise, any license or right to use any image, trademark, logo, service mark, or other content to which Company holds proprietary rights found on the Site. No act of downloading or otherwise copying from the Site will transfer title to any software or material at the Site to you. Company reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of the law. The Site is for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, product or services obtained from the Site. The failure of Company to require your performance of any provision hereof shall not affect the full right to require such performance at anytime thereafter; nor shall the waiver by Company of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Company will amend or replace such provision with one that is valid and enforceable and which achieve to the extent possible, the original objectives and intent of Company as reflected in the original provision.
GOVERNING LAW; FORUM SELECTION
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York. Any action to enforce this Agreement shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County without giving effect to choice of law principles.
Information We Collect:
When you interact with us through the Site, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Site:
In order to provide you with such services, we may provide your personal information to our affiliates and to firms that assist us in servicing your account and that have a need for such information, such as a custodian, lawyer, accountant or other service provider and as permitted by law. We require third party service providers and financial institutions with whom we have relationships to protect the confidentiality of your information and to use the information only for the purposes for which we disclose the information to them. We maintain physical, electronic and procedural safeguards designed to protect the nonpublic personal information we obtain about you.
Non-Identifiable Data: When you interact with Company through the Site, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. The Company may store such information itself or such information may be included in databases owned and maintained by Company affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.￼
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Company Services, Company often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and Company may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. Company may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Our Use of Your Personal Data and Other Information:
Our Disclosure of Your Personal Data and Other Information:
Company is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we ￼may share your Personal Data with certain third parties without further notice to you, as set forth below:
- Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
- Agents, Consultants and Related Third Parties: Company, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
- Legal Requirements: Company may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Company, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
Links to Other Web Sites:
Company takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e- mail transmission is ever fully secure or error free. In particular, e-mail sent to or from this Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to the Company via the Internet.