Last updated: October 30, 2018

PLEASE READ THESE TERMS AND CONDITIONS ( “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE HTTP://WWW.PRECISIONRISKMANAGMENT.COM WEBSITE (THE “SERVICE”) OPERATED BY PRECISION RISK MANAGEMENT, LLC (“PRM,” “US,” “WE,” OR “OUR”).

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY PART OF THE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.

Privacy

PRM is committed to protecting the privacy of its customers. For more information, please read PRM’s Privacy Policy set forth on the Service.

No Advice

The Service is not intended to provide specific insurance or other advice for any individual person or entity and it may not be relied on for such purposes.  Individuals and entities seeking specific insurance or other advice should contact a licensed professional, such as a qualified insurance agent, who can tailor advice or recommendations to the particular circumstances presented.

Insurance and Other Products

The information and descriptions contained in the Service are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the insurance products and other services offered through PRM. Product availability may vary by state. The insurance coverages afforded through PRM are subject to the particular terms and conditions of the policies issued.

PRM strives to ensure that all information set forth on the Service is accurate, correct, and current.  However, the Service does not and cannot cover all possible situations. The Service and any information set forth therein should not be used as a substitute for or in the place of any United States Department of Agriculture, (“USDA”), Federal Crop Insurance Corporation/Risk Management Agency (“RMA”), or applicable federal or state governmental rule, regulation, policy, procedure, form, or other publication.

Safe Harbor

The Service may from time to time contain certain information that may constitute forward-looking statements and such statements are made pursuant to the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance, or achievements of PRM to be materially different from any future results, performance, or achievements, expressed or implied, by such forward-looking statements. Such factors include, among others, the occurrence of catastrophic events with a frequency or severity exceeding PRM’s estimates; the lowering or loss of one of PRM’s financial or claims-paying ratings, including those of PRM’s affiliates; changes in interest rates; changes in premium volumes; increased competition; regulatory and legislative changes; changes in loss payment patterns; changes in estimated overall adequacy of loss and loss adjustment expense reserves; changes in key management personnel; changes in general market or economic conditions; and other factors which are described in PRM’s filings with its regulators.

Nothing on the Service is intended to provide any investment recommendation, advice, service, or to constitute an offer to buy or sell any securities or financial instruments.

Communications

By creating an Account on the Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information PRM may send. However, you may opt out of receiving any, or all, of these communications from PRM by following the unsubscribe link or instructions provided in any e-mail we send.

Use of the Service

You may use the Service only for lawful purposes and in accordance with these Terms and Conditions.  Specifically, you agree not to use the Service:

  • In any way that violates any applicable laws or regulations;
  • 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 PRM, any PRM employee, or any other person;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service or which, as determined by PRM, may harm PRM or users of the Service or expose any of them to potential liability;
  • In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service;
  • In any  manner, by using any robot, spider, or automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service;
  • In any manner by using any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose;
  • In any manner by using any device, software, or routine that interferes with the proper working of the Service;
  • In any manner to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  • In any manner to attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, any server on which the Service is stored, or any server, computer, or database connected to the Service;
  • In any way to attack of the Service via a denial-of-service attack or distributed denial-of-service attack; or
  • To otherwise attempt to interfere with the proper working of the Service.

Content

The Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are solely responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and Conditions, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

PRM reserves the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights. PRM takes no responsibility and assumes no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms and Conditions.

PRM has the right, but not the obligation, to monitor and edit all Content provided by users.

In addition, Content found on or through the Service are the property of PRM or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, without express advance written permission from PRM.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

Copyright Policy

PRM respects the intellectual property rights of others. It is PRM’s policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may  contact PRM’s Copyright Agent via e-mail at: [email protected].

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of PRM and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. PRM’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PRM.

Links to Other Web Sites

The Service may contain links to third-party websites or services that are not owned or controlled by PRM.

PRM has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. PRM does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PRM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

PRM strongly advises you to read the terms and conditions and privacy policies of any third-party web site or service that you visit.

You may not link any website to the service without the express written authority of PRM

Termination

PRM may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify, and hold harmless PRM and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, by you or any person using your account and password; (ii) a breach of these Terms and Conditions, or (iii) Content posted on the Service.

Limitation of Liability

In no event shall PRM, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not PRM has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

PRM, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of South Dakota, without regard to its conflict of law provisions.

PRM’s failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Should any provision of these Terms and Conditions be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions.  Such invalid, unlawful, or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Arbitration

By accessing the Service and using the information therein available and/or by purchasing any products or services made available through the Service, you agree with PRM, its service providers, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this site or through any other associated activity, that any claim or dispute you may have against or with any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the claim is filed. The Commercial Arbitration Rules are available at www.adr.org or can be obtained by calling 1-800-778-7879. This arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). All hearings shall be held as provided by the Commercial Arbitration Rules and if any in-person hearing is required, it shall be held in Sioux Falls, Minnehaha County, South Dakota, USA.

International Use

PRM makes no representation that the materials on the Service are appropriate or available for use in locations outside the United States, and accessing the Service from locations where its content is illegal is prohibited.  Any person who chooses to access the Service from outside of the United States does so on his/her own initiative and is solely responsible for compliance with all applicable laws.

Changes

PRM reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Legal Notice

Precision Risk Management, LLC, is a South Dakota Limited Liability Company with its principal place of business at 101 North Phillips Avenue, Sioux Falls, South Dakota 57101.

Contact Us

If you have any questions about these Terms and Conditions, please contact us:

  • By e-mail: [email protected]
  • By visiting this page on our website: http://www.precisionriskmanagement.com
  • By telephone: (605) 271-7998
  • By U.S. Mail: P.O. Box 1510, Sioux Falls, SD 57101-1510

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