Website Terms and Conditions of Use
Last modified: November 21, 2019
This Website (the “Website”) is one of several offered by AgReliant Genetics, LLC of information, products, services, content, and various other functionality to visitors. While the content of these websites may vary from site to site, these Terms and Conditions of Use (“Terms”) are applicable generally to each website, except to the limited extent stated otherwise therein.
Following are some definitions that explain some of the terminology used in these Terms.
- "AgReliant Genetics" refers to AgReliant Genetics, LLC and includes the following brands: AgriGold®, Eureka Seeds®, Great Lakes®, Golden Acres Genetics®, LG Seeds, Producers Hybrids®, Wensman®, and Advantage Acre® (each, a “Brand” and collectively, the “Brands”).
- "Website" means AgReliant Genetics’ and each respective Brand’s home pages and associated pages, accessible through the home pages directly or through additional links, but does not include third-party websites not maintained or sponsored by AgReliant Genetics. Such Brand websites include LgSeeds.com, Agrigold.com, and AdvantageAcre.com.
- The words "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using the Website for business or personal reasons, respectively and as applicable.
- "We," "Our" and other first-person pronouns refer to AgReliant Genetics.
Acceptance of the Terms
The following Terms govern your access to and use of the Website including any content, functionality, and services offered on or through the Website. Please read the Terms carefully before you start to use the Website. By using the Website you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms you must not access or use the Website.
The Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with AgReliant Genetics and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms
We may revise and update the Terms 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 means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any 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.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AgReliant Genetics, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 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, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print, or download if applicable, one copy of a reasonable number of pages of the Website or documents available on the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
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, your right to use the Website will stop 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 all rights not expressly granted are reserved by AgReliant Genetics. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
AgReliant Genetics®, the AgReliant Genetics logo, AgriGold®, the AgriGold logo, the LG Seeds logo, We Mean Business™, Advantage Acre®, AgriShield®, Golden Acres®, Golden Acres Genetics®, Eureka Seeds®, Great Lakes®, Producers Hybrids®, and Wensman® trademarks of AgReliant Genetics, LLC. You must not use such marks without the prior written permission of AgReliant Genetics. All other trademarks, names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to email@example.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- 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 US 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,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate AgReliant Genetics, an AgReliant Genetics employee, another user, or any other person or entity (including, without limitation, by using email addresses 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 AgReliant Genetics or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their 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 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.
Confidential or Proprietary Information
AgReliant Genetics strives to provide the public broad access to information about its products and services. In doing so, it is not AgReliant Genetics's intention to waive any intellectual property rights, including, without limitation, trade secrets, AgReliant Genetics may have in information on this Site under applicable laws. AgReliant Genetics has policies and procedures in place that are designed to prevent the disclosure on this website of information that AgReliant Genetics considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by AgReliant Genetics, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to AgReliant Genetics, you agree to destroy any copies of the information, in any form, in your possession.
Reliance on Information Posted
The information 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. Any reliance you place on such information 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.
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.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
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.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
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. 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.
The owner of the Website is based in the State of Indiana in the United States. We provide this Website for use only by persons located in the United States. 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 on your own initiative and are responsible for compliance with local laws.
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 our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY 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 AGRELIANT GENETICS NOR ANY PERSON ASSOCIATED WITH AGRELIANT GENETICS 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 AGRELIANT GENETICS NOR ANYONE ASSOCIATED WITH THE AGRELIANT GENETICS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AGRELIANT GENETICS 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AGRELIANT GENETICS, 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, 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.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by AgReliant Genetics, LLC with an address of 1122 East 169th Street, Westfield, Indiana 46074. For feedback, comments, questions, requests for technical support, and other communications relating to the Website, please contact firstname.lastname@example.org.
Small Business Saturday CONTEST
If you participate via mobile device, message and data rates may apply.
NO PURCHASE NECESSARY TO ENTER OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS, RULES, AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
- SPONSOR: This Small Business Saturday Contest (“Contest”) is promoted, sponsored, and administered by AgReliant Genetics, LLC d/b/a LG Seeds, with its headquarters at 1122 W.169th Street, Westfield, Indiana 46074 (“Sponsor”). These Official Rules govern all aspects of participation and prize award.
- ENTRY PERIOD: The Contest shall run from 8:00 am Eastern Standard Time (“EST”) November 28, 2020 through 5:00 pm EST December 4, 2020 (“Entry Period”).
- ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of the date of entry (“Entrants”). Sponsor’s employees, their respective agents, affiliates, subsidiary and parent companies, sales representatives, advertising and promotion agencies, and members of the immediate families or households of each are not eligible.
- PARTICIPATION: Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a Prize (defined below) is contingent upon fulfilling all requirements as set forth herein. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event this Contest is compromised by a virus, non-authorized human intervention, tampering, or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness, or proper operation of this Contest, Sponsor reserves the right in its sole discretion to suspend, modify, or terminate this Contest. Should this Contest be terminated prior to the end of the Entry Period, Sponsor reserves the right to award a Prize based on the non-suspect, eligible entries received before the termination date.
- HOW TO ENTER:
- Entrants must have a Facebook®, Instagram®, or Twitter® account (collectively, “Social Media”).
- For Facebook® entries: Entrant must make a post to LG Seeds’ Facebook Page located at https://www.facebook.com/lgseeds/ containing the following: (i) a photo of a local small business Entrant would like to nominate to receive a Prize; (ii) a description of why the small business deserves to win a Prize; and (iii) the #WeMeanLocalBusiness hashtag.
- For Instagram and Twitter entries: Entrant must make a post directly to Entrant’s personal Instagram® or Twitter® account containing the following: (i) a photo of a local small business Entrant would like to nominate to receive a Prize; (ii) a description of why the small business deserves to win a Prize; (iii) the #WeMeanLocalBusiness hashtag; and (iv) (iii) tagging LG Seeds (@LGSeeds on Twitter, @LGSeeds_USA on Instagram).
- Entries through Facebook®, Instagram®, and Twitter® are each referred to hereinafter as an “Entry”.
- An Entry must be received by the end date of the Entry Period as provided in these Official Rules. No mechanically reproduced entries will be accepted. Any Entry/photo deemed, at the sole discretion of the Sponsor, to be “explicit” in nature will be removed from consideration and disqualified from this Contest.
- No Mail-in Entry: No participation via a mail-in entry is available.
- There is a limit of one Entry per household. Only one Entry per Social Media platform. If more than one Entry is received from an Entrant (i.e. Entrant posts to both Facebook® and Twitter® or posts more than one time on LG Seeds’ Facebook Page or to its personal Social Media account), only the first Entry will be included and all later Entries will be disqualified. The potential Winners may be required to provide valid and legal proof of identification. All Entries must be fully and accurately completed.
- Entrants may not create multiple Social Media accounts to enter this Contest. Any Entrant found to use multiple accounts to enter this Contest will be disqualified and ineligible.
- REPRESENTATIONS. Entrant represents that Entrant has all necessary rights to grant a license to Sponsor to publish and reuse Entrant’s photo and post for any purpose without compensation and that Entrant hereby grants such license together with the right to use Entrant’s name and the image of anyone or anything appearing in the photo and post. By entering, Entrants represent and warrant (i) that they own the photo posted, and (ii) it does not violate the rights of any third parties.
- SELECTIONS AND NOTIFICATION OF WINNERS: On or about December 7, 2020 Sponsor will select three winners (“Winners”). All eligible Entries received during the Entry Period will be judged and Winners will be selected at the sole discretion of Sponsor. Such selection of Winners by Sponsor is final and binding on all matters relating to this Contest. Odds of winning depend on the number of eligible Entries received. Winners will be notified by direct message on the Social Media platform used to submit their Entry. Winners may waive their right to receive the Prize. If a Winner cannot be reached within 10 days of the first attempt, the Prize will be forfeited and an alternate Winner may be selected at Sponsor’s sole discretion. Sponsor and its representatives are not responsible for: (i) lost, late, or Entries that don’t identify the Entrant; and (ii) any typographical or other error in the printing, offering, or announcement of the Prize. Winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release in order to receive the Prize, or the Prize will be forfeited. Any and all tax benefits resulting from distribution of the Prize are retained by Sponsor. The Prize will be fulfilled within a reasonable time after Sponsor’s verification of each Winner.
- WINNER DISPUTE: In the event of a dispute over the owner of an Entry, Entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person(s) assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of Entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Sponsor.
- PRIZE: The Prize for each Winner is that Sponsor will donate a sum of $1,000 to the small business included in Winner’s Entry. Upon notification to each Winner, Sponsor will ask the respective Winner to provide any information required for Sponsor to make the donation to the small business. The donation will be made directly to the small business. The Prize is non-transferable and non-endorsable. If the Prize is unclaimed and forfeited, the Prize will not be awarded. No substitution or transfer of the Prize permitted except at the sole discretion of Sponsor.
- GENERAL CONDITIONS: By entering, Entrants (a) agree to abide by and be bound by the Official Rules and decisions of Sponsor; (b) agree to release Sponsor (as set forth in the release of liability below), its affiliates, subsidiary and parent companies, sales representatives, advertising and promotion agencies and its employees, officers and agents from any and all liability, loss, damage or injury resulting from participation in this Contest or awarding or receipt of any prize awarded herein and acknowledge that Sponsor nor its employees, officers and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize; and (c) consent to use of his or her name, likeness, and/or uploaded photo or video for advertising and promotional purposes in connection with this Contest by Sponsor and its employees, officers and agents, without consideration or further permission, unless prohibited by law. These Official Rules are subject to applicable federal, state and local laws and regulations. Void where prohibited.
- RELEASE OF LIABILITY: All Entrants agree to hold harmless and release Sponsor and its employees, officers, agents, parent companies, affiliates, and all others associated with the development and execution of this Contest, including Facebook, Instagram, and Twitter from any and all existing or future, alleged or actual, claims, actions, and liabilities with respect to or in any way arising from this Contest, participation in any Contest-related activities, and/or delivery, failure of delivery, or acceptance of a prize. Sponsor and its employees, officers and agents are not responsible for user cheating or fraud by any Entrants. Any activities intended to disrupt or interfere with the proper play of this Contest or to defraud Sponsor or its employees, officers and agents in any way will be prosecuted to the fullest extent of the law. Entrants who engage in any of the foregoing activities will be disqualified and will forfeit any prizes won. Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend this Contest and randomly award the Prize from among all eligible Entries received prior to actions taken by the Sponsor.
- DISPUTES: Except where prohibited, by participating in this Contest, Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with this Contest or the Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Hamilton County, Indiana. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with this Contest, shall be governed by, and construed in accordance with the laws of the State of Indiana, without giving effect to any choice of law or conflict of law rules (whether the State of Indiana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Indiana.
- OFFICIAL RULES OR WINNERS LIST: For a copy of the Official Rules or Winner List, send a self-addressed, stamped envelope to the following address no later than January 31, 2021 (please specify “Official Rules” or “Winners”): Small Business Saturday Contest, LG Seeds, 1122 E. 169th Street, Westfield, IN 46074.