Terms of Service

National Ag Finance empowers American farmers and ranchers to drive growth and protect legacy. We offer reliable, flexible funding to help farms thrive. We’re committed to preservation, rural communities, and keeping family farms in American hands.

We are not a bank or lender. We do not make credit decisions, set interest rates, or fund loans.

We take the security, privacy, and integrity of your information seriously. We back our commitment with our technical safeguards, Terms of Service, and Privacy Policy Page.

When you access or use our website, other platforms, or Services, you agree to these Terms and to our Privacy Policy Page. These Terms and the Privacy Policy Page remain in effect while you access or use our website, platforms, or Services.

To the extent consistent with applicable law, these Terms establish a business-to-business, commercial, and non-consumer relationship.

IMPORTANT NOTICE: DISPUTES ABOUT OR ARISING OUT OF THESE TERMS OR RELATING TO SERVICES OR CONTENT GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY AS SPECIFICALLY STATED BELOW.

Definitions

“Account” means the account you create to use certain Services’ features.
“Content” means information, interests, programs, codes, software, software and other appurtenances related to it and derived from it, processes, workflows, and materials displayed, performed, or available on or through the Site or Services, including, but not limited to, text, graphics, data, compilations, articles, photos, images, illustrations, experiences, technology and combinations of technologies, and other items.
“National Ag,” “NAF,” “we,” “us,” and “our,” mean National Ag Finance Inc. and our employees, agents, representatives, partners, and affiliates.
“Services” means all Content, tools, and services we make available through the Site, including, but not limited to, application intake and brokerage support.
“Site” means our website (www.nationalag.com) and any subdomains.
“Terms” means these Terms of Service and all documents incorporated herein.
“You” and “your” refer to you, your farm operation, and your employees, agents, co-applicants, co-owners, co-borrowers, and authorized account users.
“Your Data” means any material you share with NAF through the Site or Services.

What These Terms Are and What They Cover

These Terms and the Privacy Policy Page are a binding contract between you and us. They govern our Site (www.nationalag.com) and your use of it, Services, and any communications between us.

Availability of Services

NAF Services are currently available only in certain parts of the United States and are subject to all applicable federal, state, and local laws and regulations.

Accounts And Accuracy of Information

You are responsible for your Account and all activity in it. Keep your login credential confidential. Tell us immediately if you suspect unauthorized use. You must provide accurate, complete information and keep it current. We and our partners may rely on the information you provide.

Our Role; Third-Party Lenders and Partners

We act as an intermediary. We help you prepare, organize, and submit information to our partners who are loan sellers and lenders. Prequalification, preapproval, or term sheets do not guarantee approval, funding, or specific terms. Our partners are independent from us. We do not control their underwriting, pricing, eligibility rules, disclosures, or timelines. If you proceed with a partner, your rights and obligations will also be governed by your agreement with them. Review those agreements carefully. We may receive fees from partners. We will disclose our compensation as required by law and any applicable agreements.

Permitted and Prohibited Uses

You may use the Site and Services only for lawful purposes, in compliance with all laws that apply to you, consistent with these Terms, and for the benefit of your own farm.

You must not – and you agree you will not – (A) reverse engineer the Site, Services, or Content or (B) use or interact with the Site or Services in a manner that:

jeopardizes the security of your NAF account or anyone else’s account (including, but not limited to, allowing someone else to use your username or password to access Services (except on your behalf));
violates the security of any computer network, including ours, or wrongfully obtains any passwords, security information, data, or information;
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or anything relating to the Site, Services, or Content (through use of manual or automated means) or copies any significant portion of the Content;
uses malware;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site, Services, or Content (including, but not limited to, processes and workflows);
results in obtaining information for the purpose of competing with NAF in any way;
results in providing false, misleading, or incomplete information; or
violates any applicable federal, state/provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property or legal rights.

Site Content and Intellectual Property

The Site, Services, and all Content we provide are owned by us and are protected by law.

Electronic and Telephone Communications

By using the Site or Services, you agree NAF may send you notices, disclosures, and other communications electronically, as described in our Electronic Communications Disclosures Page.

By using the Site or Services, you agree your electronic signatures have the same effect as ink signatures, as described in our Electronic Communications Disclosures Page.

Marketing Communications and SMS/Texts

You hereby expressly give your consent for us to send you marketing emails or SMS/text messages. With this consent, we may send marketing emails or SMS/text messages. You can opt out as described in those messages. Message and data rates apply. Opting out of marketing does not affect service or transactional communications.

Privacy

Our Privacy Policy Page explains how we collect, use, and share information, including with our partners. Read it carefully.

Security

To protect information, we use reasonable and appropriate safeguards to protect information. You must use strong passwords and keep your devices updated and secure. You agree you will not share your account information or password with anyone. You agree you will take reasonable steps to protect the security of your account and your password. You are responsible for any activity associated with your account, whether you act or a person you authorized act.

If you believe your Account has been compromised, contact us immediately at info@nationalag.com.

No Professional Advice

NAF does not provide legal, tax, or accounting advice. Consult your professional advisors.

No Warranty

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

NAF makes no representations or warranties concerning the Site, Services, or Content. NAF does not warrant the Site, Services, or Content will be uninterrupted, timely, secure, or error-free. NAF is not responsible or liable for the accuracy or legality of Content contained in or accessed through the Site or Services.

THE SITE, SERVICES, AND CONTENT ARE PROVIDED BY NAF ON AN “AS-IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT, AND/OR (B) ANY WARRANTIES THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR DOWNTIME OR THAT THEY ARE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL EXPERIENCE ANY PARTICULAR OUTCOME, OR THAT YOU WILL SEE ANY PARTICULAR FINANCIAL OR BUSINESS RESULT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONLY PORTIONS OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NAF WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY TYPE OF DAMAGES, EVEN IF WE KNEW THEY WERE POSSIBLE, INCLUDING, BUT NOT LIMITED TO, (1) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST REVENUES, LOST PROFITS, UNREALIZED SAVINGS, LOSS OF GOOD WILL, WORK STOPPAGE, ACCURACY OF CONTENT, OR HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION), OR (2) PUNITIVE OR EXEMPLARY DAMAGES.

SHOULD ANY APPLICABLE LAW NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF DAMAGES, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO NAF IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $1,000.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO ONLY PORTIONS OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY APPLY TO YOU.

Governing Law and Jurisdiction

These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to any conflict of law provisions, except the Federal Arbitration Act (including its procedural provisions) governs arbitration and will be applied to determine whether the agreement to arbitrate and class action waiver can be enforced and how it should be interpreted.

Indemnification

You must defend, indemnify, and hold harmless NAF from and against claims, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to your use of the Site or Services or your breach of these Terms or violation of law.

Injunctive Relief

You acknowledge and agree money damages would not be a sufficient remedy if you breach or violate these Terms and you agree NAF is entitled to immediate injunctive relief from a court of competent jurisdiction in Delaware as a remedy for any actual or threatened breach or violation by you of these Terms without any requirement of proof of damages or the posting of any bond. This remedy is in addition to any and all other remedies available to NAF at law or in equity. You waive any jurisdictional, venue, or inconvenient forum objections to such Delaware courts.

Informal Resolution and Agreement to Arbitrate

Without limiting NAF’s right to seek injunctive relief in a court of competent jurisdiction, you and NAF agree to resolve any claims relating to the Terms, the Privacy Policy Page, the Site, or the Services through (1) informal resolution for 30 days and then, if unsuccessful, (2) final and binding arbitration. This applies to claims of all kinds and natures under any legal theory. It also applies even after you have stopped using our Site or Services.

To begin the 30-day informal resolution process, email a notice stating your claim and all relevant facts to: National Ag Finance Inc., Attn: Legal, legal@nationalag.com.

If we cannot resolve a dispute informally, you and NAF agree to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. One arbitrator will preside. The seat and venue will be Denver, Colorado. You and NAF must participate in the arbitration in person in Denver, Colorado unless you and NAF agree otherwise in writing. The arbitrator may award individual relief consistent with these Terms.

An arbitration is before a neutral arbitrator rather than a judge and/or jury. YOU AND NAF ARE GIVING UP THE RIGHT TO A TRIAL BEFORE A JUDGE AND/OR JURY. THIS WAIVER OF A JUDGE AND JURY IS STATED FURTHER BELOW.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, you and NAF agree the arbitrator has the sole authority to decide this issue, too.

Jury Waiver

YOU AND NAF EXPRESSLY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

No Class Actions; Class Action Waiver

**YOU AND NAF AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER OR REPRESENTATIVE. **

You cannot bring a claim as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator cannot combine more than one person’s claim or entity’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and NAF agree to change this). The arbitrator’s decision or award in one person’s case can only impact the person or entity that brought the specific claim and cannot be used to decide other disputes.

Data Storage and Transmission

Your Data may be transmitted to/from and stored by us, sellers, lenders, or third party service providers in the United States or other countries. Your Data may potentially be accessible to law enforcement and national security authorities of those jurisdictions.

Data License

By sharing Your Data with us, you grant us a irrevocable, worldwide, royalty-free, worldwide, perpetual license to use, reproduce, modify, translate, publish, transmit, display, commercially exploit, and otherwise act with respect to Your Data, in each case to enable us to operate Services and for our own business purposes. This is a license only. Your ownership in Your Data is not affected. All licenses you grant to us are subject to our Privacy Policy Page.

NAF Content Ownership

You understand that NAF owns the Site, Services, and Content. NAF’s Content is protected by copyright, trademark, trade secret and other intellectual property laws. We own Content presented or available through the Site and Services other than Your Data or other third party content that we make available through the Site and Services. You promise that you will not use,

copy, reproduce, distribute, perform, modify, translate, publish, broadcast, display, license, transmit, upload, sell, or otherwise exploit for any purpose any Content not owned by you without NAF’s prior written consent.

Testimonials

Testimonials are not indicative of future performance or success.

Changes to Services and These Terms

We may update these Terms from time to time. Changes take effect when posted on the Site unless a later effective date is stated. If a change is material, we will provide reasonable notice. If you continue using the Site or Services after the change, you accept the new Terms.

Assignment

You may not assign, transfer, or delegate these Terms or your rights or obligations under the Terms, or your Services account, in any way (by operation of law or otherwise) without NAF’s prior written consent. NAF may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice.

No Third Party Beneficiaries

You and we agree there are no third party beneficiaries under these Terms and none were intended.

Entire Agreement

These Terms, together with the documents they reference, are the entire agreement between you and NAF regarding the Site, Services, and Content.

Severability

If a term is unenforceable or invalid, the rest of the Terms remain in effect.

No waiver

If we do not enforce a term, we do not waive our right to do so later.

Notices

NAF may provide you notices by email, SMS/text, U.S. Mail, in product messages, or by posting to the Site.

Copyright and Trademark Notices

Contact Us

National Ag Finance Inc. at 800-747-3276, legal@nationalag.com, or 5500 Greenwood Plaza Boulevard, Suite 130, Greenwood Village, Colorado 80111.