Terms of Service

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These Terms of Service (this “Agreement”) are a binding agreement between You and Legacy Farmer, Inc., a Delaware corporation and its affiliated companies and representatives (collectively, “Company”, “we,” “us,” “our”, or “Legacy Farmer”), providing the terms and conditions for use of Company’s Services.

“Services” as defined in this Agreement means all technology-driven services and software accessible via our platform Farmer Metrics, referred to as the “Platform” and “Farmer Metrics”, as well as our suite of financial management tools designed to enhance decision-making and business operations for agricultural professionals (the “Farmer Metrics Services”). “Services” further encompasses the Legacy Farmer coaching and community services, which include a range of community, coaching, and consulting services aimed at enhancing interaction among members through the exchange of ideas and experiences, as well as an immersive training curriculum, exclusive call recordings, engaging discussion boards, and a supportive network for personal and professional growth (the “Legacy Farmer Coaching Services”). The Farmer Metrics Services are offered through the Farmer Metrics website https://www.farmermetrics.com/ (the “Farmer Metrics Website”) and the Farmer Metrics Software Application, available at https://app.farmermetrics.com/  (the “Farmer Metrics App”). “  The Legacy Farmer Coaching Services are offered through the website https://www.legacyfarmer.com/ (the “Legacy Farmer Website”, together with the Farmer Metrics Website and Farmer Metrics App, the “Websites”). The Services further include all content, features, training and data available on the Websites, [through our mobile application], and any other materials [or mobile applications] we provide, as well as all versions and updates to any of our services. This Agreement applies to You whether you are a user of the Farmer Metrics Services or the Legacy Farmer Coaching Services unless otherwise specified.   

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By registering for an account, or otherwise viewing, accessing, or using any of the Services, you acknowledge and agree, both individually and for any designated users accessing the Services on your behalf, to all the terms and conditions of this Agreement including our most recent Privacy Policy which can be found at https://www.legacyfarmer.com/privacy-policy, our most recent Terms of Use which can be found at https://www.legacyfarmer.com/terms-of-use, and our most recent Cancellation Policy for the Legacy Farmer Coaching Services which can be found at https://www.legacyfarmer.com/cancellation-policy. This Agreement governs your obligations when using the Services and Company’s limits of liability to you. 

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We may modify this Agreement from time to time and will post the amended agreement at https://www.farmermetrics.com/. You will be deemed to have accepted this Agreement as amended if you continue to access or use any of our Services after such amendments are posted.  

1. Use of Our Services
   
   1. Compliance with Law.  By accessing or using any of Company’s Services, you agree to comply by all applicable local, state, national, and international laws and regulations. The Services provided are intended only for personal, non-commercial use by residents of the United States age 18 or older. If you are a company or other legal entity, these terms shall be binding on you and the individuals registering, accessing, or otherwise using the Services on your behalf, each of whom must meet the aforementioned qualifications. If you do not meet these qualifications, you must immediately discontinue use of our Services.  At our sole discretion, for any reason or no reason at all, Company may discontinue provision of the Services, in whole or in part, to anyone at any time.

2. Registered Users.  Company reserves the right to restrict certain Services to registered users.  In registering or accessing a registered account, you agree to provide accurate, current, and complete account information and attest that all information previously provided to Company is accurate, current, and complete, including but not limited to your name, address, telephone number, and email address.  You agree to periodically update this information as necessary to keep it accurate, current, and complete.  Company has no liability rising from your failure to maintain accurate information, including your failure to receive critical information about the Services; you are responsible for all activities related to the Services that occur through your account and password, and agree to keep your registered account information confidential and to not use other user account registered with Company, not permit the use of your account by third parties and not to sell, transfer or assign your account to any third party.  Company reserves the right to terminate any registered account it believes to be in violation of this Section or any other Terms in our sole discretion.  If you suspect any violation of this Section, including but not limited to any unauthorized use of your account, you agree to notify us immediately at support@legacyfarmer.com. 

3. License to Services.  Subject to compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and freely revocable license to access and use our Services only for your commercial use in accordance with the terms and conditions set forth in this Agreement (the “License”). Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.  Except to the extent otherwise provided under this Agreement and any other applicable Company policies published on Company’s Website or otherwise provided to you, Company reserves all right, title and interest not expressly granted under this License to the fullest extent permitted by law.  Any use of the Services not specifically permitted under this Agreement is strictly prohibited and shall automatically revoke the License.

4. License to Company.

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(a) By accessing or using any of Company’s Services, you acknowledge and agree to grant Company the right to (a) photograph, audio-visually record or otherwise digitally record user’s likeness (collectively “Digital Images”), and/or (b) audio-visually record or otherwise digitally collect any user’s content. You hereby irrevocably permit, authorize, grant, and license to Legacy Farmer and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use your name, image, likeness, appearance, voice, professional and personal biographical information, signature, and all materials created by or on behalf of Legacy Farmer that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures, and other print publications, electronic, magnetic, and optical media, display, point-of-sale, and other advertising and promotional materials, press releases, television, and the internet and other digital transmission or delivery methods, on any platform and for advertising, public relations, publicity, and promotion of Legacy Farmer and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation. Legacy Farmer shall be the exclusive owner of all rights, including copyright, in the Materials. 

(b) You hereby irrevocably transfer, assign, and otherwise convey to Legacy Farmer your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by Legacy Farmer, and that Legacy Farmer has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from Legacy Farmer's editing, alteration, or use of the Materials, or Legacy Farmer's presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by Legacy Farmer in its sole discretion. Legacy Farmer has no obligation to create or use the Materials or to exercise any rights given by this Section 1.4. 

(c) To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Section 1.4 or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of Legacy Farmer or any other person, covenant not to make or bring any such Claim against any Authorized Persons, and forever release and discharge the Authorized Persons from liability under such Claims. 

(d) You represent and warrant to Legacy Farmer that you have full right, power, and authority to grant the rights contemplated by this Section 1.4. You further represent and warrant to Legacy Farmer that the Authorized Persons’ use of the Materials and the rights and license granted hereunder do not, and will not, violate any right (including without limitation copyright, trademark, trade secret, right to privacy, or right of publicity) of, or conflict with or violate any contract with or commitment made to, any person or entity, and that no consent or authorization from, or any payment to, any third party is required in connection herewith.

(e) At any time, you may choose to opt out of this Section 1.4 by contacting Legacy Farmer at support@legacyfarmer.com (an “Opt-out”). Opting-out of this Section shall not apply retroactively to rights previously granted to Legacy Farmer. By submitting any information to Legacy Farmer prior to completing the Opt-out process, you waive any right to Opt-out of this Section with regard to the submitted information. 

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5. No Endorsements.  We may provide links to third-party websites, resources or services through the Services.  Without limiting the foregoing, these third-party websites may include Circle and/or Google Meet, depending on your use of the Services. You acknowledge and agree that Company is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date.  Links to such websites, resources or services do not imply any endorsement by Company of such websites, resources or services or the content, products or services available on or through such websites, resources or services.  You acknowledge that you have sole responsibility for, and assume all risk arising from, your use of any such websites, resources or services or the content, products or services available on or through such websites or services.  We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.

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6. Service Restrictions. You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (b) engage in spamming, flooding, harvesting of email addresses or other personal information, (c) automatically crawl or query the Services for any purpose or by any means, including without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining lists of users or any other information from the Services, including specifically, property listings available through our Services; (d) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (e) violate 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); (f) send chain letters or pyramid schemes via our Services, (g) attempt to gain unauthorized access to other computer systems through our Services, or (h) otherwise interfere with the use, enjoyment, and privacy of others or use the Services in any manner that could damage, disable, overburden, or impair our Services.  

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Additionally, you agree not to: (a) use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites; (b) use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites; (c) use any manual process to monitor or copy any of the material on the Websites, or for any other purpose not expressly authorized in this Agreement, without our prior written consent; (d) use any device, software, or routine that interferes with the proper working of the Websites; (e) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer, or database connected to the Websites; (g) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or (h) otherwise attempt to interfere with the proper working of the Websites.

2. Platform Operations and Responsibility.
   
   1. Websites’ Operations.  Company’s Farmer Metrics Services include a broad array of tools specifically designed to assist in the optimization of financial and operational management in agriculture.  Specific functionalities may change from time to time, but presently include financial analysis, cash flow management, loan strategy optimization, and other business structure insights.  The Farmer Metric Services also may change from time to time, but presently include features such as real-time tracking of crop plans, team charts, and customer feedback mechanisms, along with tools for detailed tax planning and crop insurance strategy.  While these tools significantly aid in managing and organizing agricultural businesses, they do not substitute for professional expertise or provide assurance of legal compliance.

Company’s Legacy Farmers Coaching Services include a range of community, coaching, and consulting services aimed at enhancing interaction among members through the exchange of ideas and experiences, as well as an immersive training curriculum, exclusive call recordings, engaging discussion boards, and a supportive network for personal and professional growth. While these tools significantly aid in educating users about agricultural businesses, they do not substitute for professional expertise or provide assurance of legal compliance.

2. Responsibility.  You acknowledge that the Farmer Metric Services serve solely as a technological intermediary between agricultural business owners and financial management tools.  The Farmer Metrics Services’ role is limited to providing a technology platform for financial organization and strategic planning.  While Legacy Farmer facilitates the various functionalities of the Platform and the Farmer Metric Website, we are not involved in and are not responsible for the actual financial decisions made by users, the accuracy or reliability of data entered by users, interactions by users, the outcomes of these interactions, or the retention of any records regarding such interactions.  We are not responsible for any errors or omissions in the data provided by users of or any loss or damage arising from your reliance on any information available through the Platform and Farmer Metric Website.

You further acknowledge that the Legacy Farmer Coaching Services serve solely as an educational and informational guide for agricultural businesses. The Legacy Famer Coaching Services’ role is limited to providing: enhanced interaction among members through the exchange of ideas and experiences, training curriculums, coaching, and a supportive network for personal and professional growth. We are not responsible for the accuracy of any information, any decisions made by users, interactions by users with the Legacy Farmer Coaching Services, nor the outcomes of these interactions.  We are not responsible for any errors or omissions in the data provided by users of or any loss or damage arising from your reliance on any information available through the Legacy Farmer Website.

3. No Endorsements.  Company does not endorse or recommend any specific financial strategies, services, products, or users, nor does it verify the financial acumen, legality, or other aspects of the strategies adopted by users of the Services.  References to any services or strategies contained in the Websites or Services are for informational purposes only.

4. Disclaimer of Responsibility for Financial Decisions.  Company disclaims all responsibility for any financial decisions made as a result of using the Services.  All agreements and transactions are solely between the users, and Company holds no liability for any aspect of the any financial decisions or transactions facilitated through its Services.

5. Record-Keeping Responsibility.  While users may input certain information manually, including financial data, into the Platform for the use of the Famer Metric Services, it is important to understand that the Farmer Metric Services are not a substitute for traditional bookkeeping or record-keeping methods. Users are solely responsible for maintaining accurate and comprehensive records of all financial transactions and related activities conducted through or in relation to the Farmer Metric Services.  The Farmer Metric Services should be used as a tool to assist in financial management and not as the sole basis for any critical financial decisions or record-keeping.

6. Free Trials Disclaimer.  We may offer Services on a free trial basis to new or existing users. These trials are provided “as-is” without any warranties and are intended for evaluative purposes only.  We are not liable for any damages, losses, or liabilities that arise from the use of Services offered during any free trial period.  You engage with trial Services at your own risk and are encouraged to assess the suitability of the Services for your needs during this period.

3. Subscription Services and Fees

Certain portions of the Services require a payment of fees for access and use (the “Subscription Services”).  “Subscription Fee” means any fees, including one-time fees, monthly fees, and/or  annual fees, for the Subscription Services published on our Website from time to time or otherwise communicated to you at the time you register for Subscription Services which you will pay in accordance with this Section 3.  Subscription Fees that are not one-time fees frequently consist of an initial charge followed by recurring periodic charges as per the membership plan you select through the Websites, or through any payment links provided through the Websites. By agreeing to these Terms of Service, you acknowledge that your subscription to access the Subscription Services is governed by the terms indicated on the Websites or through any payment links provided on the Websites, and you accept responsibility for all charges prior to cancellation. Further, you agree to abide by the terms of any payment plan offered in connection with the Services, regardless of the underlying payment structure.

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Without limiting the foregoing, any recurring Subscription Fee for the Services will automatically renew each month. Unless canceled, recurring Subscription Fees will be automatically charged to the payment method you provided in your account. Subscription Fees for each renewal will be charged at the current rate then in effect.  You will be notified in advance of any changes to the fees or terms before your subscription renews. Additionally, Subscriptions Fees for Legacy Farmer Coaching Services include non-standard payment plans for use of the coaching services, offered through customized payment links. By signing up for any Legacy Farmer Community Coaching Services coaching program, you agree to abide by the terms contained in the customized payment links.

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You further agree to pay all Subscription Fees promptly, and in no event later than fifteen (15) days after receiving an invoice from Legacy Farmer. All late payments shall bear interest at the lesser of (a) the rate of one and one half percent (1.5%) per month, and (b) the highest rate permissible under applicable law, calculated daily and compounded monthly. You also agree to reimburse Legacy Farmer for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. You may cancel your monthly subscription by contacting support@legacyfarmer.com or through the Websites’ interface before the end of the current subscription term.  Cancellations take effect at the next renewal period.  You will maintain access to the Subscription Services until the end of your current billing period and will be responsible for all charges incurred until cancellation.  Monthly Subscription Fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable. No fees will be refunded at any time for any reason except to the extent required by applicable law.

4. Email and Text Communication Consent.

By using Company’s Services, you agree to receive emails and text messages from us regarding the Services to which you have subscribed as well as promotions, and other notifications related to our Services.  These communications are intended to keep you informed about opportunities that may be of interest to you.  By providing your mobile phone number, you are expressly consenting and “opting in” to receive marketing text message via automated technology.  

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If you decide at any time that you no longer wish to receive such communications, you have the option to opt out.  To unsubscribe from emails, you can follow the unsubscribe link provided at the bottom of each email.  To stop receiving text messages, you can reply with “STOP” to any message we send.

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Please note that opting out of these communications may affect your ability to receive important updates and offers about new services and features that may enhance your business management experience. 

5. Intellectual Property and Other Content.
   
   1. Company’s Copyrights, Trademarks and Other Intellectual Property. You acknowledge that all content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, source code, object code, software, trade names and trademarks, are the property of Company (collectively, our “Content”); our Content and any content licensed to us by third party content providers are protected by copyright, trademark, and other intellectual property laws and treaties of the United States and foreign countries.  Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.  The Agreement does not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third party sites or otherwise.

Our Content may only be accessed through the Services and neither it nor the technology used to compile or operate the Services may be copied, modified, sold, reproduced, reverse engineered, reverse compiled, distributed, republished, displayed, posted, be used to create derivative or collective works, or transmitted in any form, in whole or in part, without Company’s prior written consent, which may be withheld or revoked in our sole discretion.  Unless you are otherwise explicitly granted permission, this Agreement does not grant you any right or license with respect to any trademarks, service marks, graphics, or logos.

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2. User Content.  In using the Services, you may provide feedback, data, content, information, ideas, comments, photos, audio-visually records, or other materials, (“User Content”).  You grant to Company a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, perform and display publicly User Content in connection with provision of the Services to you or otherwise in connection with your permitted use of the Services.  In addition to any of User Content that is made available through the Services, we may share User Content with Company’s affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services.  You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to User Content.  You are responsible for all User Content uploaded or otherwise exchanged through the Platform or Websites.  Company shall have no obligation to prescreen, monitor, edit or remove any User Content.  Company reserves the right, to take any action to restrict or remove access to any User Content that we deem, in our sole and absolute discretion, to be objectionable, in violation of applicable law, or otherwise in violation of this Agreement. By providing User Content and using the Services, you agree that Company may promote and market User Content in connection with the Services.

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3. Infringement. Company respects the intellectual property rights of others and expects you to do the same.  We may, in our discretion, disable and/or terminate the accounts of users who infringe or a charged with infringing the intellectual property rights of others.  If you are a copyright owner or an agent thereof and believe that any content in the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s Copyright Agent (identified below) with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number or email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company’s designated Copyright Agent to receive notifications of claimed infringement is: 

Legacy Farmer, Inc. 

PO Box 1708 

Hays, KS 67601

E-mail: support@legacyfarmer.com 

Use subject line: Copyright Claim

4. Submissions. If you submit to us or post through our Services any testimonial, comment, review, suggestion, feedback or work of authorship (collectively, a “Submission”) you acknowledge and agree that such submission will not be confidential or secret and may be used by us in any manner.  Company assumes no liability for the disclosure or use of information in a Submission that you consider contains confidential or proprietary information, and no submission sent to us will be considered or treated as confidential information.  We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.

In submitting any Submission to us, you: (a) represent and warrant that the submission is original to you, no other party has any rights in the Submission, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any derivative work, form, media, or technology now known or later developed with or without your name and in our sole discretion. 

6. Anonymized Data Sharing with Financial Institutions.
   
   1. Data Sharing Authorization.  Users may opt-in to allow Company to share anonymized data related to their farm operations with banks and other financial institutions.  This data may include, without limitation, information about farm size, operational features, financial performance, and debt levels, but will not include any personally identifiable information or specific location details that can identify the individual farm.  The purpose of sharing anonymized data is to facilitate potential lending opportunities and other financial services by providing financial institutions with relevant operational data, thereby assisting users in accessing broader financial resources.  Banks and financial institutions will receive this data without any direct connection to or communication with the users, ensuring privacy and confidentiality.

2. User’s Responsibility. Users opting into these Services are responsible for verifying the accuracy of the information shared and understanding the potential implications of sharing such data with third parties.  It is the user’s duty to maintain the confidentiality and security of their own financial information. 

3. Disclaimers and Limitations. Company does not guarantee any financial benefits, loans, or services from banks as a result of sharing this data.  The sharing of anonymized data is a value-added service provided “as is” and “as available” without any warranties, express or implied. Company makes no representations or warranties regarding the suitability of such data for any particular purpose, and specifically disclaims all liability associated with the use, accuracy, or completeness of the data provided to financial institutions.  

4. Indemnification for Anonymized Data Sharing. You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with the use of anonymized data by financial institutions.  This indemnification covers any claims related to the accuracy, handling, and any use of the anonymized data provided under this agreement, as well as your failure to comply with terms related to opting into and managing the data sharing settings.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in the general terms and conditions of this Agreement.

7. Disclaimer of Warranties, Limitation of Liability, Indemnification, and Representations.
   
   1. 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 SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

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

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THE INFORMATION CONTAINED IN OUR SERVICES IS FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR LEGAL, COMMERCIAL AND/OR FINANCIAL ADVICE FROM A LICENSED PROFESSIONAL. THE BUSINESS OF ONLINE INVESTING IS A COMPLICATED MATTER THAT REQUIRES SERIOUS FINANCIAL DUE DILIGENCE FOR EACH INVESTMENT IN ORDER TO BE SUCCESSFUL. CUSTOMER IS STRONGLY ADVISED TO SEEK THE SERVICES OF QUALIFIED, COMPETENT PROFESSIONALS PRIOR TO ENGAGING IN ANY INVESTMENT THAT MAY IMPACT THE CUSTOMER’S FINANCES.

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TO THE FULLEST EXTENT PROVIDED BY LAW, 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.

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

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2. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS 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 WEBSITES OR THE PLATFORM, ANY SITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER SITES, 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.  IN NO EVENT SHALL COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES PAID BY USER UNDER THIS AGREEMENT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (II) $500.00.  COMPANY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BY USERS OF THE PLATFORM AND THE SERVICES THAT THE PLATFORM AND WEBSITES PROVIDE.  COMPANY TAKES NO RESPONSIBILITY NOR ASSUMES ANY LIABILITY FOR ANY THIRD-PARTY CONTENT. ANY AND ALL USE OR RELIANCE ON THIRD-PARTY CONTENT OR OTHER INFORMATION PROVIDED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, INCLUDING INFORMATION PROVIDED BY OR FOR COMPANY.  COMPANY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, CONTENT, OR INFORMATION PROVIDED BY ANY THIRD PARTY.  COMPANY SHALL NOT BE RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DELIVERY OF ANY MESSAGES SENT THROUGH THE SERVICES, AND COMPANY HAS NO OBLIGATION TO VERIFY THE IDENTITY OF PERSONS USING THE SERVICES NOR ARE WE OBLIGATED TO MONITOR USE OF THE SERVICES.  COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.

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YOUR USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK.  YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.  

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3. Indemnification.  YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR CONNECTED TO YOUR USE OF THE SERVICES, BREACH OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY RIGHTS.  THIS INDEMNIFICATION INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS RELATED TO THE SERVICES OFFERED THROUGH THE PLATFORM OR WEBSITES, YOUR ACTIONS, OR YOUR FAILURE TO UPHOLD LEGAL OR CONTRACTUAL STANDARDS OR OBLIGATIONS.  YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.  THIS INDEMNITY INCLUDES CLAIMS ARISING OUT OF YOUR USE OF THE PLATFORM OR WEBSITES TO INTERACT WITH THIRD PARTY SERVICES, YOUR FAILURE TO SECURE YOUR DATA AND COMMUNICATIONS, AND ANY OTHER MISUSE OF THE PLATFORM OR WEBSITES THAT CONTRAVENES THE TERMS OF THIS AGREEMENT.  

4. Your Representations.  You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments, licenses, and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, any Company policies, and third party policies, as applicable to you; (iii) your Content and any Submissions are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) your Content and any Submissions do not contain any obscene, libelous, defamatory, abusive, or inappropriate content; and (v) our use of User Content and any Submissions you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.

8. Miscellaneous
   
   1. Governing Law; Disputes.  This Agreement will be governed by the laws of the state of Delaware, without regard to its provisions relating to conflict of laws.  The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.  The parties irrevocably consent to the exclusive jurisdiction of the courts located in Sedgwick County, Kansas for any dispute arising out of this Agreement or the Services. Any claim arising out of or related to this Agreement, or the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you will not have the right to assert the claim. 

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2. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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3. Arbitration. All disputes, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of these Terms of Service, shall be resolved subject to final and binding arbitration in Wichita, Kansas. Such disputes shall be decided in accordance with the Rules of Arbitration of the American Arbitration Association applying Delaware law, without regard to its provisions relating to conflict of laws.  The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then the parties shall select a list of seven (7) arbitrators who meet the AAA minimum qualifications and each party taking turns striking from the list until only one (1) remains.  Company shall have the right to pay the fees if required by applicable law for this arbitration provision to be enforceable.  If you are a consumer you have the right to an in-person hearing.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that either party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent.  The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute.  The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award.

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4. Class Actions.  We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial unless prohibited by applicable law. We also both agree that you or we may bring suit in a state or federal court in Kansas to enjoin infringement or other misuse of intellectual property rights.

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5. Force Majeure.  If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

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6. Non-Solicitation. To the extent not prohibited by law, you agree that, for the benefit of Legacy Farmer, while using the Services and for a period of one (1) year after you have ceased using the Services, you will not directly or indirectly, either as an individual or as a partner or joint venture, or as an employee, sales representative, principal, consultant, agent, shareholder, officer or director, for any person, firm, association, organization, company, corporation, or in any other manner whatsoever, solicit or attempt to solicit any of the persons, clients, employees, companies, or institutions with whom you have had dealings with through use of the Services for the purpose or intent of competing with Legacy Farmer to (i) provide the same or similar services which Legacy Farmer is currently providing; (ii) employ a Legacy Farmer employee; or (iii) sell or offer for sale or solicit orders for the sale of any products or services.

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7. No Waiver. Company’s failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches.  No waiver by Company of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of representative of Company.

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8. Severability. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

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9. Assignment.  We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you.  You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Company.

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10. Survival of Terms.  Any provisions of the Agreement that contemplate performance or observance subsequent to the expiration or termination of this Agreement shall survive such expiration or termination.

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11. No Agency.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

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12. Entire Agreement. This Agreement, our Privacy Policy, our Cancellation Policy and any other agreements provided by Company that incorporate this Agreement or the Privacy Policy by reference constitute the entire and exclusive understanding and agreement between you and Company regarding your access to the Services and supersede and replace any and all prior or contemporaneous oral or written representations, understandings or agreements between you and Legacy Farmer regarding the subject matter hereof.  You acknowledge and agree that you have not relied on any representations or warranties whatsoever, express, implied, at common law, statutory or otherwise, except for the representations or warranties expressly set forth in the Agreement.  The headings in the Agreement are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

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13. Contact Us.   This Website is operated by Legacy Farmer, Inc.  If you have any questions or concerns, please contact us at support@legacyfarmer.com.  You can also write us at:

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Legacy Farmer, Inc. 

PO Box 1708 

Hays, KS 67601

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This Agreement was last modified in May, 2025.

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