Terms of Use

Your use of the websites and mobile sites on which these terms reside (collectively, the “Site”), and the features at this Site are subject to these Terms of Use (the “Terms”), which we may update from time to time.  Please read these Terms carefully before using this Site.  The Site is owned or controlled by AgroRenew LLC (“Company”).  By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Company, you agree to and are bound by the Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration and a choice of Illinois law.  Nothing in the foregoing shall limit any mandatory rights you may have under applicable law.

For information on how we collect, store and process your personal data please see our Privacy Notice and Cookie Notice.

From time to time we may update this Site and these Terms.  Your continued use of this Site after we post any changes to these Terms constitutes your agreement to those changes.  Such updates will not apply retroactively.  You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Company may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you.  You agree that you do not have any rights in this Site and that Company will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

Binding Arbitration, Jury Waiver, and Class Waiver

You and Company agree that any controversy or claim arising out of or relating to the Site, use of the Site, this Agreement shall be settled by binding arbitration in Indiana, or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267.  

The arbitrator(s) shall be selected pursuant to the JAMS Rules and Procedures. 

The arbitrator(s) shall apply Indiana law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. 

If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator(s)’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator(s)’s services and any other JAMS fees associated with the arbitration. 

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute.  

In addition to the foregoing, and notwithstanding the rules of JAMS, certain procedures will apply depending on the amount in controversy.  For controversies and claims in which the amount in controversy is less than $1,000,000.00 (one million dollars), the following procedures will apply:

• There will be one (1) arbitrator selected from the panel provided by JAMS, using the JAMS rules for arbitrator selection.
• The arbitration will occur within 90 days from the date on which the arbitrator is appointed and will last no more than five (5) business days.
• The arbitrator shall institute discovery consistent with the goals of arbitration.  Discovery and disclosure of information will be conducted under the rules provided by JAMS to achieve the usual goals of arbitration, including cost effective and efficient resolution of disputes between parties, but in no event shall the Parties be entitled to discovery rights greater than provided by the Federal Rules of Civil Procedure.

For controversies and claims in which the amount in controversy is equal to or exceeds $1,000,000.00, the following procedures will apply:

• There will be three (3) arbitrators selected by the panel provided by JAMS, using the JAMS rules for arbitrator selection.
• The Parties will be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure.
• The Parties will be entitled to appeal any arbitration award to an Appeal Panel under JAMS Optional Arbitration Appeal Procedures.  The Parties agree to and request oral argument for any appeal filed under the Optional Arbitration Appeal Procedures.

THE ARBITRATOR(S) HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES.  NEITHER YOU NOR COMPANY AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS.  A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE JAMS RULES, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING.  UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, ARBITRATOR(S) SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.  DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Company Content

Content on this Site that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. 

You agree not to download, display or use any Company Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Company Content or third party content that appears on this Site. 

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at [email protected].

Use of the Site 

The following requirements apply to your use the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. 

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from your use of this Site. 

Representations, and Limitations of Liability

Company makes no representations about the reliability of the features of this Site, the Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content will be preserved. 

You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.   

Third-Party Websites

This Site may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled. 

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other. 

These Terms will be governed by and construed in accordance with the internal laws of Indiana without regard to conflicts of laws principles. By using this site, you hereby agree that any action to enforce any arbitration award and any other disputes (if any) regarding these Terms that are not subject to arbitration will be subject to the courts located in Illinois.  YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.  These Terms operate to the fullest extent permissible by law. 

The failure of Company to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of these Terms. 

If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. 

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. 

These Terms constitute a binding agreement between you and Company and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Company regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.