Terms and Conditions
Website Terms and Conditions of Use
- Welcome. This website (The Texas Farm Bureau Insurance Companies Online Store Website) (the Website) is owned and operated by Texas Farm Bureau Mutual Insurance Company and its affiliated companies (we, us, or TFBMIC,). We provide various information, materials, products, merchandise and apparel on and through the Website (the Services), which are subject to certain ground rules provided in this document (the Terms). By accessing, using, or contributing to the Services, and in consideration of the Services we provide to you, you agree to abide by the Terms.
TFBMIC has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, materials, products, merchandise, apparel, hours of availability, and equipment needed for access or use of the Website, or these Terms. These Terms apply to all users of the Website, including visitors, agents, and other authorized users.
B. Disclaimer of Warranty; Limitation of Liability.
1. THIS WEBSITE AND THE SERVICES INCLUDED ON THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TFBMIC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TFBMIC DOES NOT WARRANT THAT THIS WEBSITE AND ITS SERVER OR ANY LINKED SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. TFBMIC AND ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE. IF YOUR USE OF THE WEBSITE OR ANY MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, TFB IS NOT RESPONSIBLE FOR THOSE COSTS. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.
2. IN NO EVENT WILL TFBMIC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE. HOWEVER, IN NO EVENT SHALL TFBMIC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THIS WEBSITE.
3. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TFBMIC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Secure Access. In order to access the secure pages of the Website, you will be required to login by providing certain personal identifiable information that will need to be verified and approved by the Company. If you are granted access by the Company, you are an authorized user of the Website. Authorized users are able to maintain a Website account and purchase Services through the Website. Authorized users should access the help page of the Website for current procedures regarding account status, order status, issues or help with an order, refunds and similar Website related matters.
- Security Policy. You acknowledge and agree that by providing TFBMIC with any personal or confidential user information, you consent to the transmission of such personal or confidential user information through the public Internet, and understand that there are risks that this information could be viewed by other parties. You agree to adhere to procedures that we may establish to enhance the safety and confidentiality of transmissions of personal data over the Internet.
- Personal Information. Industry-standard efforts are used to safeguard the confidentiality of all information, regardless of whether it identifies you or not. This security includes use of firewalls, secure socket layers, and encryption. Your login information, including your email address and password, and your billing contact information (collectively your Personal Information) are protected from disclosure according to our Privacy Notice, which we encourage you to read. You should also take steps to protect the security of your Personal Information. For example, it is your responsibility to protect your password. Do not share your password with any third parties.
- Copyright. The entire content included on this Website, including but not limited to text, graphics, or code is copyrighted as a collective work under the laws of the United States and other copyright laws, and is the property of TFBMIC. Permission is granted to authorized users to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order on the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas of the Website solely for your own non-commercial use, or to place an order on the Website. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Website is strictly prohibited, unless authorized in writing by TFBMIC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
- Copyright Infringement/Complaints. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy.
- Marks. All trademarks, service marks, trade names and/or trade dress on the Website is owned or licensed by TFBMIC. Unauthorized use of any trademark, service mark, or logo appearing on the Website may be a violation of federal and/or state trademark laws.
- Restrictions on Use.
- You shall use the Website for lawful purposes only. You shall not transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. Any conduct by you that in TFBMIC's discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
- As stated above, the Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Website are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted (except as set forth in paragraph F. above) without the express written permission of TFBMIC. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
The foregoing provisions of this Section are for the benefit of TFBMIC, its affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
J. User Representations and Warranties. You represent and warrant that if you are an authorized user, you will use only your login information to access any secure page of the Website. You further represent and warrant that you will not use the login information of any other authorized user to access any secure page of the Website.
- Monitoring. TFBMIC shall have the right, but not the obligation, to monitor the content of the Website to determine compliance with these Terms and any operating rules established by TFBMIC and to satisfy any law, regulation or authorized government request. TFBMIC shall have the right in its sole discretion to edit, add to, or remove any material submitted to or posted on the Website. TFBMIC assumes no responsibility for the deletion of or failure to store electronic-mail messages or other information submitted to the Website.
- Violations of Rules, Regulations, and these Terms. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth herein, including the right to block access from a particular Internet address to this Website. If an authorized user violates these Terms, we may, in our discretion, restrict or block an authorized user's access to this Website or the authorized user's account.
- Indemnification. You agree to defend, indemnify and hold harmless TFBMIC and its affiliates, their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the Website, your violation of these Terms or any applicable law, statute, ordinance or regulation, or your infringement of any intellectual property or other right of any person or entity.
- Changed Terms. TFB has the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. Any use of the Website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
- Linked Internet Sites. ANY LINKS IN THIS WEBSITE WILL LET YOU LEAVE OUR WEBSITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEBSITE MAY NOT NECESSARILY REFLECT OUR OPINION. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE, OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED IN THE LINKED SITE.
- Governing Law; General Provisions. These Terms shall be construed in accordance with the law of the state of Texas, without regard to any conflict of laws rules, and you hereby consent to exclusive jurisdiction and venue of any federal or state court located in Waco, McLennan County, Texas for any cause of action, claim, liability, demand or dispute arising out of your use of this Website or its Terms. We operate this Website from our offices within the United States of America. We make no representation that the information in this Website is appropriate or available for use in other locations, and access to this Website from territories where the contents of this Website may be illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.