Terms of Use
Last Modified: May 27th, 2026
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Farm Wife Financials LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Company’s online platforms and related digital services, including any e-commerce functionality, digital downloads and other product delivery, and other features accessible through farmwifefinancialsllc.com (the “Website”), whether as a guest or registered user, as well as any custom spreadsheet consulting services, data management services, or licensing arrangements provided by Company, as further described herein) (collectively, the “Services”).
Please read the Terms of Use carefully before you use the Services or access the Website. By using the Services or accessing the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, as posted on the Website, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Services or access of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website or use the Services, as any changes are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Services, the Website, and any service or material we provide through the Services or 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 parts of or all of the Website or the Services.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website and the Services.
Ensuring that all persons who access the Website or use the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or use certain Services, including purchasing Digital Products (as defined below), you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide in connection with the Services, including, but not limited to, information provided at checkout, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or the Services, or portions thereof, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session and use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion and sole discretion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website, the Services, and their 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 the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services and access the Website for your personal use only, provided that Digital Products purchased through the Services may be used in accordance with the Digital Products and Licensing section below. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or through our Services, 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 one copy of a reasonable number of pages of the Website for your own personal use and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from this site other than Digital Products purchased in accord with the terms hereof.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or the Services or any services or materials available through the Website or the Services, except as expressly permitted under these Terms of Use with respect to Digital Products and Custom Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the Services in breach of the Terms of Use, your right to use the Services and access the Website will cease 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, the Services, or any content on the Website or the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any unauthorized use of the Website or the Services may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Digital Products and Licensing
The Company offers digital Excel spreadsheet templates and related digital products for purchase through the Website (collectively, “Digital Products”). Digital Products are sold as one-time purchases and delivered as digital downloads through the Website’s e-commerce platform. The Company also offers custom-built spreadsheets for agricultural professionals under separate licensing arrangements, as described in the Custom Work and Data Management Services section below. All sales of Digital Products are final; no refunds will be issued once a Digital Product has been delivered.
Each purchase of a Digital Product grants the purchaser a single-user, non-transferable, non-exclusive license to use the Digital Product for the purchaser’s own personal or internal business purposes. You may not reproduce, distribute, resell, sublicense, share, or make available any Digital Product to any third party, in whole or in part, without the Company’s prior written consent.
The Company retains all right, title, and interest in and to all Digital Products, including all intellectual property rights therein. Unauthorized use, reproduction, or distribution of any Digital Product is a violation of these Terms of Use and may violate applicable intellectual property laws.
Professional Licensing Tiers and Terms
In addition to the standard single-user Digital Product license described above, the Company may offer custom-built spreadsheet products to qualified agricultural professionals under one or more licensing arrangements, the specific terms of which will be set forth in a separate written Custom Work Agreement between the Company and the professional licensee. Subject to the terms of the Custom Work Agreement, such licenses may be restricted to the single customer’s internal use or permitted for distribution to the customer’s own clients under the customer’s branding (a “Client-Facing License”), and may include annual updates. Each Client-Facing License shall be subject to and conditioned upon the licensee’s compliance with the following terms and conditions: (i) the distributed file must bear the licensee’s own firm name, logo, contact information, and professional disclaimers as required by the licensee’s professional obligations and errors-and-omissions carrier, (ii) the licensee assumes sole responsibility for the content, accuracy, and appropriateness of all professional disclaimers, advice, branding, and other materials added by the licensee to the deliverable, (iii) the licensee may not sublicense, resell, or make available the deliverable to any person or entity other than the licensee’s own direct clients, and (iv) the Company retains all right, title, and interest in and to the underlying spreadsheet structure, formulas, and design. Annual licenses continue only so long as the annual license fee is paid in full, and upon expiration or termination of the annual license, the licensee must cease all use, distribution, and storage of the deliverables and any updates thereto. Without limiting the foregoing, the specific scope, deliverables, payment terms, and other conditions applicable to each professional license will be set forth further in and governed by the applicable Custom Work Agreement.
Disclaimers; No Professional Advice
The Digital Products and all other content, information, tools, and materials provided through the Website or in connection with the Services and/or pursuant to a Custom Work Agreement or other agreement with the Company (collectively, “Content”) are provided for informational and educational purposes only. The Company is not and does not act as a certified public accountant (CPA), licensed financial advisor, tax advisor, attorney, licensed crop insurance agent, licensed securities broker, or commodity trading advisor, and does not hold any professional licenses.
Nothing in the Content constitutes financial, tax, legal, accounting, insurance, or investment advice. You should consult qualified professionals before making any business, tax, legal, or financial decisions.
Certain Digital Products, including the Crop Insurance Stack Calculator, are educational modeling tools. They do not constitute insurance advice, do not replace consultation with a licensed crop insurance agent, and should not be used as the sole basis for insurance purchasing decisions. You must work with a licensed crop insurance agent for actual coverage decisions, premium quotes, and policy binding.
Digital Products and Custom Services involving grain marketing, futures pricing, commodity hedging, options strategies, margin management, basis tracking, or livestock risk protection (LRP) insurance are calculation and tracking tools only. They display information and perform calculations based on data entered by the user. They do not recommend trades, generate trading signals, provide investment advice, or constitute commodity trading advice within the meaning of the Commodity Exchange Act. The Company is not registered with, and is not required to register with, the Commodity Futures Trading Commission (CFTC) as a commodity trading advisor, nor is the Company a member of the National Futures Association (NFA). No Digital Product, Custom Services deliverable, or Content should be construed as a solicitation, recommendation, or offer to buy or sell any commodity, futures contract, option, or other derivative instrument. Users who are commodity brokers, hedgers, futures commission merchants, or other professionals regulated by the CFTC or NFA remain solely responsible for their own trading decisions and for compliance with all applicable CFTC, NFA, and exchange rules and regulations.
You are solely responsible for verifying all inputs, assumptions, formulas, calculations, and outputs before making any decisions based on any Digital Product or Content. Digital Products, including spreadsheet templates, may contain formula errors, calculation errors, or other inaccuracies. All Digital Products and Content are provided as-is, without warranty of accuracy, completeness, or fitness for a particular purpose. The Company makes no representation or warranty to and expressly disclaims any liability for any end user or downstream recipient of any Content or other deliverable.
Custom Work and Data Management Services
In addition to Digital Products, the Company may offer custom spreadsheet consulting services and ongoing data management services (collectively, “Custom Services”). Custom Services are scoped, quoted, and agreed upon before work begins. Custom Services may include, without limitation, custom spreadsheet builds for agricultural professionals such as ag lenders, estate planning attorneys, CPAs, crop and livestock insurance agents, agricultural consultants, grain elevators and dealerships, and commodity hedgers and brokers, which may be licensed under single-user, branded client-facing, or annual license arrangements as described above. The scope of work, deliverables, and payment terms (including any required deposit and final payment upon delivery) will be set forth in a separate written agreement, statement of work, or acknowledgement (such as email confirmation) between you and the Company.
All Custom Services are subject to the same disclaimers set forth in the Disclaimers; No Professional Advice section above. Custom spreadsheets and deliverables are tools and do not constitute professional financial, tax, legal, accounting, or insurance advice.
For any data management services provided by the Company, you provide the data, and the Company enters it into your spreadsheets. You retain ownership of all data you provide to the Company. The Company is not responsible for the accuracy of data you provide, and you are solely responsible for reviewing and verifying all entries, formulas, calculations, and outputs before using them for tax filing, financial reporting, business decisions, or any other purpose. The Company is not liable for any errors, omissions, or inaccuracies in data entry, formula application, or resulting calculations.
Revisions to Custom Services deliverables are included within the agreed-upon scope of work. Any work beyond the original scope will be quoted separately and is subject to your approval before the Company begins such additional work.
Downstream Distribution and Professional Responsibility. If you receive a Client-Facing License or annual license that permits distribution of deliverables to your clients, you are solely responsible for (a) ensuring that any file you distribute to your clients contains all necessary and appropriate professional disclaimers, including any disclaimers required by your professional licensing authority, errors-and-omissions insurance carrier, or applicable law, (b) ensuring that your clients understand that the deliverable is a tool and does not constitute professional financial, tax, legal, accounting, or insurance advice from the Company, and (c) ensuring that your distribution and use of the deliverable complies with all applicable laws and professional rules of conduct. Without limiting the foregoing, if you are a commodity broker, futures commission merchant, introducing broker, or other CFTC/NFA-regulated entity, you are solely responsible for ensuring that any deliverable you distribute to your clients complies with all applicable CFTC, NFA, and exchange rules and regulations, including any required risk disclosures, hypothetical performance disclaimers, or other regulatory notices. The Company is not responsible for and disclaims all liability arising from any professional advice, recommendations, or representations you or your firm make to your clients in connection with or using the deliverable.
Attribution. Certain deliverables may include a line or notation attributing the spreadsheet design or structure to the Company. Any such attribution identifies the Company as the designer of the spreadsheet structure only and does not constitute an endorsement, warranty, or guarantee by the Company of the accuracy, completeness, or suitability of any content, data, professional advice, or other materials added to or distributed with the deliverable by you or your firm.
Use of Technology Tools in Product Development
The Company may use a variety of software tools and technologies, including artificial intelligence and machine learning tools, in the development, design, testing, or refinement of Digital Products and Custom Services deliverables. All such tools are used at the Company’s discretion as part of its internal production process. Regardless of the tools or methods used in development, all Digital Products and Custom Services deliverables remain subject to the same disclaimers, limitations, and conditions set forth in these Terms of Use, including without limitation the Disclaimers; No Professional Advice section and the Limitation on Liability section above. You remain solely responsible for verifying all inputs, assumptions, formulas, calculations, and outputs before making any decisions based on any Digital Product, Custom Services deliverable, or Content.
Acceptable Use
You agree to use the Website and the Services only for lawful purposes and in accordance with our Privacy Policy and these Terms of Use. We reserve the right to review, restrict, or terminate access to the Website or the Services or accounts that violate our policies or applicable law.
You agree not to use the Website or the Services to:
Violate any applicable federal, state, local, or international law or regulation.
Harm, exploit, harass, threaten, defame, or impersonate any person or entity, including minors.
Post, upload, transmit, or otherwise make available content that is unlawful, fraudulent, misleading, obscene, hateful, or infringing.
Engage in fraudulent activity, scams, or deceptive practices.
Infringe or misappropriate the intellectual property, privacy, or publicity rights of others.
Collect, scrape, harvest, or use personal or contact information of other users without authorization.
Send unsolicited commercial messages, spam, or similar solicitations.
Attempt to gain unauthorized access to accounts, systems, or data, or interfere with the security or operation of the Website or the Services.
Introduce malware, viruses, or other harmful code, or engage in activities that disrupt or degrade the Website or the Services or other users’ access.
We may suspend or terminate access to the Website or the Services or take other appropriate action if we reasonably believe a violation has occurred. We may also cooperate with law enforcement or disclose information as required by law or to protect the rights, safety, or property of the Company or others.
Prohibited Uses
You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Services:
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 the Company, a Company employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm the Company or users of the Website or the Services, or expose them to liability.
Additionally, you agree not to:
Use the Website or the Services in any manner that could disable, overburden, damage, or impair the Website or the Services or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website or the Services.
Use any robot, spider, or other automatic device, process, or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website or through the Services.
Use any manual process to monitor or copy any of the material on the Website or through the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website or the Services.
Harvest, scrape, or collect information about other users from the Website or the Services for any purpose, including marketing, solicitation, or spam.
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 or the Services, the server on which the Website or the Services are hosted, or any server, computer, or database connected to the Website or the Services.
Attack the Website or the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or the Services.
Reliance on Information Posted
The information presented on or through the Website or the Services, including all Digital Products and Content, is made available solely for general informational and educational 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, any other user of the Website or the Services, or anyone who may be informed of any of its contents.
The Website and the Services may include content provided by third parties. All statements and opinions expressed in third-party materials are solely the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of the Company. We are not responsible or liable for the content or accuracy of any materials provided by third parties.
Changes to the Website and the Services
We may update the content on the Website or the Services from time to time, but such content is not necessarily complete or up-to-date. Any of the material on the Website or through the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Website and the Services
All information we collect in connection with the Website and the Services is subject to our Privacy Policy. By using the Services or accessing the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the Website
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 prior written consent.
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 third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website and the Services is based in the State of Iowa in the United States. The Website and the Services are directed to users located in the United States. We make no claims that the Website, the Services, or any of their content is accessible or appropriate outside of the United States. Access to the Website or the Services from jurisdictions where such access is unlawful is prohibited. If you access the Website or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Payment Terms
All sales of Digital Products are final. Because Digital Products are delivered immediately upon purchase as digital downloads, no refunds or exchanges will be issued. Payments are processed through third-party payment processors (including Stripe), and their terms may apply. For Custom Services, payment terms will be as set forth in the applicable statement of work or written agreement between you and the Company.
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 Website and Services 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 THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE OR THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITE AND THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES, INCLUDING THE ACCURACY OF ANY FORMULAS, CALCULATIONS, DATA, OR OUTPUTS CONTAINED IN OR GENERATED BY ANY DIGITAL PRODUCT, OR THAT THE WEBSITE, THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE 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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS 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, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITE OR THE SERVICES OR SUCH OTHER WEBSITES, OR ANY DIGITAL PRODUCT OR OTHER DELIVERABLE, INCLUDING ANY DELIVERABLES OR CUSTOM WORK PROVIDED OR PERFORMED BY COMPANY, WHICH MAY CONTAIN WITHOUT LIMITATION FORMULA ERRORS, CALCULATION ERRORS, DATA INACCURACIES, OR OTHER DEFECTS IN ANY DIGITAL PRODUCT, AND 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. WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR RELIANCE ON ANY FORMULA, CALCULATION, DATA, OR OUTPUT CONTAINED IN OR GENERATED BY ANY DIGITAL PRODUCT IN MAKING FINANCIAL, BUSINESS, TAX, INSURANCE, OR OTHER DECISIONS, INCLUDING BUT NOT LIMITED TO DECISIONS RELATED TO CATTLE PURCHASES, GRAIN SALES, LAND ACQUISITIONS, CROP INSURANCE, TAX PLANNING, SUCCESSION PLANNING, COMMODITY TRADES, HEDGING STRATEGIES, OPTIONS POSITIONS, MARGIN MANAGEMENT, OR ANY OTHER TRADING OR INVESTMENT DECISIONS. Without limiting the foregoing, the aggregate liability of the Company arising out of or relating to the Website or the Services shall not exceed the total amount of fees paid by you to the Company during the twelve (12) months preceding the event giving rise to the claim, or One Hundred Dollars ($100), whichever is greater.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Services, including, but not limited to, any use of the Website’s or the Services’ content, Digital Products, Custom Services, and other products or services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or the Services. In addition, if you are a professional licensee who distributes or makes available any deliverable to your own clients under a Client-Facing License, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your distribution of any deliverable to your clients, (b) any professional advice, recommendation, disclaimer, branding, or content you or your firm add to or distribute with any deliverable, (c) any claim by your client or any third party arising from the use of a deliverable distributed by you, (d) your breach of the applicable Custom Work Agreement or these Terms of Use, or (e) any regulatory action, investigation, fine, penalty, or proceeding brought by any governmental authority, self-regulatory organization (including the CFTC or NFA), or exchange against the Company arising from or related to your distribution or use of any deliverable in connection with commodity trading, hedging, futures, options, or other regulated activities.
Governing Law and Jurisdiction
All matters relating to the Website and the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in Polk County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER OF JURY TRIAL
YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE SERVICES.
Waiver and Severability
No waiver by the Company of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any other policy or terms incorporated by reference in connection with the Website or the Services constitute the sole and entire agreement between you and the Company regarding the Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Website and the Services.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website or the Services should be directed to: hello@farmwifefinancialsllc.com.