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Terms of Service

Terms and Conditions

PLMA Livestock Marketing Association

 

Welcome to the websites owned by Producers Livestock Marketing Association (“PLMA”). The websites owned by PLMA include, but are not limited to:

  • producerslivestock.net
  • portal.producerslivestock.net
  • producerscredit.com
  • premiumbeef.net
  • premiumpork.net
  • producerscommodities.com

 

Collectively, this document will refer to these websites as the “Websites.”

 

Producers Livestock Marketing Association (“PLMA”) and subsidiary Producer’s Livestock Credit Corporation (“PLCC”) (hereinafter—and for purposes of this Agreement only—collectively referred to as “PLMA”) provide this website’s information and services subject to the following terms conditions. By using this website, you (the “User”) agree to these conditions. These Terms and Conditions should be read in conjunction with our Privacy Policy, and if you have an online account with us, our Online Internet Account Services Agreement, which constitute a single agreement (“Agreement”). Please read them carefully.

 

PLMA is located in Nebraska, in the United States, and these Websites’ operations are subject to United States law. If you live outside of the United States, you understand and agree that we may transfer your information to the governments of the United States pursuant to valid law. Thus, if you are visiting this website from another country, be advised that U.S. law may not afford the same level or type of protection as those in your country.

 

1. Non-Competitive Use of these Websites Permitted

 

You may visit and use these Websites in accordance with the Agreement. Use of these Websites for any “competitive” purpose in order to solicit our Users for other services or competitors is strictly prohibited. You may not “strip” or otherwise mine content on our Websites, nor copy it for use on any other website.

 

2. Cookies

 

PLMA uses cookies—which are a small digital file that remains on your hard drive—in the operation of our account login and in our third-party analytics in tracking returning visitors. Cookies allow us to make your user experience more enjoyable. Some cookies are “strictly necessary,” meaning they are part of standard operations of websites, and are necessary to facilitate basic programs like login protocols. Others are non-essential. Some cookies are “session cookies,” and are automatically erased when you end your browser session. A cookie can save information about you. By using these Websites, you consent to the capture of information about you, including but not limited to your IP address and preferences on our site.

 

However, you can also disable the operation of cookies on your web browser. Most browsers will accept the use of cookies automatically, but this can typically be adjusted in your settings. Note that disallowing our use of cookies may make your experience less user-friendly.

 

3. Copyright and Trademark Notice

 

Copyrights to the information on these Websites are owned by PLMA. Any copying of these Websites or use of images or other content found hereon is strictly prohibited without prior written consent of PLMA. Utilization of “framing” or “pass-through” techniques to enclose or re-use any Trademark or branding of PLMA, or of any information on these Websites is prohibited. This prohibition applies also to meta tags, alt-tags and any other hidden text, tags or attributes which utilize PLMA name or trademarks without the express written consent of PLMA.

 

In addition, PLMA maintains intellectual property and international trade dress rights in the branding of its website and in all of its products and services, even where such works are not registered with the USPTO. Any use of PLMA logo, branding or other marks found on these Websites, or use of images or representations of its products are prohibited without prior written consent of PLMA.

 

If you believe that content which you own a copyright for has been used on these Websites without your permission, please contact PLMA.

 

4. Products and Services

 

Advertisements of specific offerings and services on these Websites are an “invitation to treat.” This means that the services offered on this site may change, prices may fluctuate, and the products may be available in limited amounts such that PLMA cannot fulfill all orders. In such an event, the User’s remedies are limited to the User’s choice of a full refund of the purchase price or a replacement product of equal value. Due to the nature of our industry, prices and varieties of products may change quickly and without notice. Prices may be incorrect, and the sales of products are governed by terms of sale, available upon written request.

 

In addition, the purchase of “futures” may be delayed from the time that you have emailed or clicked an order form on our Websites. PLMA is not responsible for any change in circumstances that may occur between when an order is placed and when it is confirmed for the User.

 

5. Registration and accounts

 

To use certain functions of our Websites, you will need an account. PLMA products are only available to those 18 and older. By using these Websites, you acknowledge that you are at least 18 years of age. Any minor wishing to use these Websites must do so with the direct supervision of a parent or guardian.

 

No other person may use your account. You will be held responsible for all actions taken and all orders made with your account, and so it is your responsibility to keep your username and password secure and to restrict access to your account by any third-party. You are encouraged to notify PLMA of any misuse of your account by a third-party, or any attempted hacking of your account of which you become aware so that PLMA may protect you and other users to the degree it is able.

 

The existence of an account on these Websites does not create or imply any ongoing contractual relationship between PLMA and the User. PLMA reserves the right to refuse service or to cancel or suspend your account for any or no reason, subject to any other Account Agreement you may have regarding a loan or other matter. You may also contact PLMA and request to have your online account closed at any time, subject to the terms and conditions of your account(s), and you may contact PLMA to request that all your personal information be deleted. However, data related to any Account with us relating to Orders of Products or Services may be retained for our records.

 

6. Limited Content License

 

PLMA maintains all ownership, copyright and legal rights to the plugins and software on the Websites (“Plugins”). In addition, certain Plugins use information provided by or belonging to various third parties. Subject to this absolute ownership and any third-party rights, PLMA grants you a non-exclusive, limited, personal and non-transferable license, which license is only valid subject to your compliance with the restrictions set forth herein. The I-Framed modules, including but not limited to the National Radar module on the main page of ProducersLivestock.net and the Quotes module on the same, may not be stripped, modified or changed in any way.

 

As a condition of the limited license for the Plugins granted to you in this License Agreement, you may not copy, reverse engineer, disassemble, otherwise reduce the Plugins, or attempt to create the source code from the object code of the Plugins, nor make any piece or portion of the Plugins a standalone product.

 

Federal Law provides serious penalties for violations of copyright and other intellectual property rights. Any use of the Plugins not permitted by this Limited Content License are strictly prohibited.

 

7. All Warranties Disclaimed

 

PLMA offers no warranties for information displayed on these Websites. No warranties, express or implied, are offered on these Websites or the content offered hereon. No warranty of merchantability nor fitness for a particular purpose is offered in regards to these Websites or their related online services. PLMA reserves the right to discontinue or relocate the publication of these Websites and any content hereon. While PLMA attempts to be as accurate as possible in relaying information, we do not warrant that information displayed on the Websites is accurate, complete, reliable, current or error-free.

 

We exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, PLMA, its officers, directors, agents, contractors and employees are not liable, and you agree not to hold any of the same responsible for any damages or losses of any kind, including loss of money, goodwill or reputation, profits, intangible losses, or any special, indirect, or consequential damages resulting directly or indirectly from:

 

  1. the content you provide (directly or indirectly) using these Websites;
  2. your use of or your inability to use our Websites;
  3. any delay or failure in our provision of services or delivery of products requested;
  4. viruses or other malicious software obtained by accessing or linking to our Websites, or any glitches, bugs, errors, or inaccuracies of any kind in our Websites or delivery of our products; 
  5. loss of data submitted to or captured by these Websites, or unintentional loss of such data to a third-party;
  6. the content, actions, or inactions of third parties; or
  7. a suspension or other action taken with respect to your account as discussed in these Terms and Conditions.

 

8. Exchange Delay Information

 

PLMA offers information on futures and equities data as a free service to the User. However, PLMA does not warrant—and expressly disclaims all express or implied warranties—futures and equities data. All futures and equities data are a 60 second snapshot of the below exchange delayed rules. This information is provided by the Data Transition Network at DTN.com, and PLMA offers no warranties on this information, nor has PLMA done any review of any information provided by DTN.com.

 

  • NYMEX and COMEX at least 10 minutes.
  • CBOT at least 10 minutes.
  • KCBOT at least 10 minutes.
  • CME at least 10 minutes.
  • ICEFC at least 10 minutes.
  • ICEFU at least 10 minutes.
  • MGEX at least 10 minutes.
  • NYSE at least 15 minutes.
  • NYSE MKT at least 15 minutes.
  • NASDAQ at least 15 minutes.

 

9. Third-party Websites and Plugins

 

Links to third-party websites are not recommendations or endorsements, nor do they warranty the trustworthiness or safety of any third-party site. PLMA maintains no control and accepts no liability regarding content on any third-party site, including but not limited to the social media sites linked to on these Websites.

 

10. This Agreement is Subject to Change

 

This Agreement is subject to change from time to time. PLMA will make every effort to notify visitors of these changes with a banner displayed on the main webpage for three days after such change. The User should check back here from time to time to review this Agreement. By using these Websites, you agree to this Agreement.

 

11. Entire Agreement

 

This Agreement is a “fully integrated agreement”—that is, these documents contain the entire agreement between you, the User, and PLMA in regards to your use of these Websites. This Agreement may not be modified by oral statements of PLMA or the User, and any written statement on the Websites that contradict this Agreement is non-binding, and shall not alter this Agreement.

 

Nothing in this Agreement shall limit or modify, or be construed to limit or modify, any other obligations of the User or PLMA to one another under other agreements, such as for a loan or other service or product.

 

12. Communications

 

By using these Websites, you agree to receive emails, text messages and other communications from PLMA as necessary to fulfill orders or provide other services to you. PLMA accepts no responsibility for failure or delay in delivery resulting from your failure to provide accurate information on where to reach you online or at a physical address.

 

13. Choice of Law, Venue

 

Any dispute arising out of your interaction with PLMA on these Websites, or any dispute over this Agreement will be adjudicated in Douglas County, Nebraska, and the law of Nebraska will be applied in the interpretation of this contract. By using these Websites, you agree to submit to Personal Jurisdiction and Venue in Douglas County, Nebraska.

 

14. Contact for Inquiries

 

Questions about this Agreement or any allegation of infringement or legal violation should be directed to Jason Bottlinger, Esq.. For other inquiries about PLMA, our physical address is:

 

Producer’s Livestock Credit Corporation

            4809 S. 114th St.

            Omaha, NE 68137-2308