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Step 1 of 3: Read Terms and Conditions of Service
Access to and use of the Oakland Customer Information Website ("Service") is provided by Heart of Iowa Cooperative (the "Company") in conjunction with the Oakland Corporation ("Oakland") and is subject to these Terms of Use ("Terms"). Please read these Terms carefully, as YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. By accessing and browsing the Service, you accept, without limitation or qualification, the Terms of Use, and acknowledge that any other agreement between you and Oakland or Company with respect to the Service is suspended and of no force or effect.
- Definitions. The word "Information" means data, text, images, and other information relating to commodities or other agricultural products, or relating to the activities of Subscribers, the Company, or Oakland, or other types of data available through the Service. The phrase "Claims or Losses" means any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (1) indirect, special, punitive, consequential or incidental loss or damage, (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increase expenses of operation, or other indirect loss or damage) and (2) administrative costs, investigatory costs, litigation costs, and auditors' and attorneys' fees and disbursements (including in-house personnel). The word "Person" means any natural person, proprietorship, corporation, partnership, or other entity whatsoever. The word "Provider(s)" shall mean the Company or Oakland, or both, as the context may require. The word "Service" shall include the internet-based services provided by the Providers, including the data processing equipment, software, and communications facilities related thereto, for receiving, processing, transmitting, using and disseminating the Information to or by Subscriber. The word "Subscriber" means any Person registered or otherwise to access and receive Information from the Service. "You" means any person accessing or using the Service, and includes all subscriber's.
- Information. Subscriber is granted the right to receive the Information authorized though the Service only under the terms stated herein.
- License. The Information is licensed only for the Subscriber's personal or internal use in its business. You may not sell, lease, furnish or otherwise permit or provide access to the Information in exchange for payment to any other Person. You may not engage in the operation of any illegal business or use or permit anyone else to use the Information, or any part thereof, for any illegal purpose. The Providers grant to Subscriber a nonexclusive, non_transferable license to receive, use, view, copy, download, and print the Information transmitted to Subscriber and thereafter to use such Information for purposes not inconsistent with these Terms. The Providers also grant to Subscriber a non-exclusive, non-transferable license to use the Service and all software provided through or in conjunction with the Service. Except as specifically provided herein, all rights are reserved. Subscriber acknowledges and agrees that the Company, Oakland, and third-party providers retain proprietary rights in the Service and Information, including trademarks and copyrights.
- Modification or Termination of Service. Subscriber acknowledges that either Provider, or their successors and assigns, in their sole discretion, may from time to time terminate or make modifications to the Service or the Information. Modifications may include conversion to a fee-based Service, whereby Subscriber may be required to pay fees for continued access to the Service. Changes or the failure by Subscriber to timely adapt to such changes may sever or affect Subscriber's access to or use of the Information. Neither Provider shall be responsible for such effects.
- Warranties and Disclaimer of Warranties. PROVIDERS WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION BUT MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICE AND LIKEWISE ASSUME NO RESPONSIBILITY FOR USE OF THE INFORMATION FOR TAX PURPOSES (SEE ALSO SECTION 8 BELOW). PROVIDERS NEITHER WARRANT NOR REPRESENT THAT THE USE OF MATERIALS DISPLAYED ON THE SERVICE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. USE OF AND BROWSING IN THE SERVICE ARE AT YOUR RISK. NEITHER PROVIDERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE IS LIABLE FOR ANY CLAIM ARISEN OUT OF ACCESS TO, OR USE OF, THE SERVICE. WITHOUT LIMITING THE FOREGOING, NO WARRANTIES OF ANY KIND ARE MADE, EITHER EXPRESSED, IMPLIED OR STATUTORY. ALL WARRANTIES ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. PROVIDERS ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR HARMFUL CODE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICE.
- Limitation of Liability. (A) Providers shall not be liable to Subscriber or any other person for indirect, special, punitive, consequential, or incidental loss or damage (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, cost of cover, or other indirect loss or damage) of any nature arising from any cause whatsoever, even if one or both of the Providers has been advised of the possibility of such damages. (B) Providers shall not be liable to Subscriber or any other person for any unavailability, interruption, delay, incompleteness or inaccuracy of the information or the Service.
- Disclaimer of Warranties by Third-Party Information Providers; Limitation of Liability. The Providers may provide information through the Service which is obtained from third-parties. Third party information suppliers make no warranties of any kind, express, implied or statutory (including, without limitation, timeliness, truthfulness, sequence, completeness, accuracy and freedom from interruption), any implied warranties arising from trade usage, course of dealing or course of performance or the implied warranties of merchantability or fitness for a particular use or purpose and they shall have no liability for the accuracy of, or for delays or omissions in, any of the information provided by them. The third-party information providers shall also have no liability for any damages (whether direct or indirect), lost profits, special, or consequential damages of the Subscriber or any other person seeking relief through Subscriber, even if the third party information providers have been advised of the possibility of such damages.
- Tax Information; Disclaimer. The Providers specifically disclaim any warranty or representation that the Information as presented, sequenced, or compiled constitutes tax advice or legal advice. Any tax-related Information provided through the Service is for illustrative purposes only, and the assumptions contained therein may not be applicable to an individual Subscriber's tax status. Subscriber shall be solely responsible to verify all tax data presented to assure its accuracy and completeness. A Subscriber's overall tax liability, including all credits, deductions, and penalties, will depend on facts and circumstances outside the knowledge and control of the Providers. Subscribers must therefore independently review, verify and correct all tax-related Information obtained from the Service, and are encouraged to seek the advice of a competent tax professional.
- Suggestions. Any questions, comments, suggestions, or the like, which you transmit to the Providers are, and will be treated as, nonconfidential and non-proprietary. Anything you transmit may be used by Service or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Providers are free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Service for any purpose whatsoever including, but not limited to, developing Providers' sites and marketing products using such matters.
- Images. Images of people or places displayed on the Service are either the property of, or used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission is provided elsewhere. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues.
- Trademarks. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Service, are registered and unregistered Trademarks of Providers and others. Nothing contained on the Service should be construed as granting, by implications, estoppel, or otherwise, any license or right to use any Trademark displayed on the Service without the written permission of the party that may own the Trademarks displayed on the Service. Your misuse of the Trademarks displayed on the Service, or any other content on the Service, except as provided in these Terms and Conditions, is strictly prohibited.
- Links. Providers have not reviewed all of the sites linked to the Service and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- Nonliability for Users. Although Providers may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Service they are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, liable, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Service. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Providers will fully cooperate with any law enforcement authorities or court order requesting or directing Providers to disclose the identity of anyone posting any such information or materials.
- Subscriber Indemnity. Subscriber will indemnify and hold harmless the Providers and their respective employees, officers, directors, and other agents from any and all Claims or Losses imposed on, incurred by or asserted as a result of or relating to: (a) any noncompliance by Subscriber with the terms and conditions hereof; and (b) any third_party actions related to Subscriber's receipt and use of the Information, whether authorized or unauthorized under these Terms.
- No Endorsement. Oakland does not endorse or approve any particular equipment, the Company, or any other services offered by the Company beyond the Service.
- Authority. Subscriber and the Person agreeing to these Terms of Use on behalf of Subscriber represent that such Person is duly authorized by all necessary and appropriate corporate or other action to adhere to these Terms of Use on behalf of Subscriber.
- Survivability and Assignment. These Terms of Use apply to any obligations that by their nature survive any cancellation, termination, or rescission of the Terms of Use; namely, obligations relating to intellectual property, indemnification, limitation of liability, warranties, and disclaimer of warranties. All of Providers' rights hereunder may be assigned to any successor.
- Choice of Law; Venue. These Terms of Use shall be deemed to have been executed in the United States in the State of Iowa and shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Iowa, without reference to principles of conflicts of laws thereof. Subscriber hereby consents to submit to the jurisdiction of the courts of or for the State of Iowa in connection with any action or proceeding instituted relating to these Terms of Use.
- Revisions. Providers may at any time revise Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
If you agree with the above terms, please click 'Perform Internet Browser Check' to advance to Step 2.
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