Terms Of Use

 

Welcome to the website for The Andersons, Inc., its affiliates and subsidiaries (“The Andersons”).  Use of this website is offered to you upon your acceptance of these Terms of Use, our Privacy Policy, and other notices posted on this website. Your use of this website or of any information, products, or services presented in any area of this website, including the Careers section, indicates your acknowledgment and acceptance of, and your agreement to follow and be bound by, these Terms of Use, our Privacy Policy and other notices posted on this website.

 

Modification Of These Terms

You acknowledge that we have the right to modify, add, or remove any terms or conditions of these Terms of Use without prior notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our website. Because your continued use and access to this site constitutes your acceptance of these changes, we encourage you to visit this website from time to time.

 

Use Restrictions

Access to, and the right to use, our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

 

Agreement To Contract Electronically

You agree to contract electronically with The Andersons. You agree that this electronic Terms of Use agreement, combined with your act of using the services offered on this website or clicking on "I Agree," have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement.

 

Privacy

We respect your privacy. The information you submit is subject to our Privacy Policy, and you grant The Andersons and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your personal information, as provided for in that policy. We encourage you to print and review the Privacy Policy to assist you in making an informed decision regarding the type of information you would like to submit to us. The Andersons cannot and does not assume any responsibility or liability for any information you submit or for your or any third party's use or misuse of information transmitted or received using this website.

 

Modifications

We may discontinue, add to, modify, upgrade, or replace all aspects of the website in our sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the website.

 

Monitoring

The Andersons has no obligation to monitor the services offered in this website or any use thereof or to retain the content of any user session. However, as stated in our Privacy Policy, The Andersons reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. The Andersons may use IP addresses to identify a user when it is necessary to enforce compliance with our Terms of Use or to protect our services, website, customers, or others.

 

Disclaimers

Your use of the website is at your sole risk. Neither The Andersons nor any of its employees, agents, third-party content providers, or suppliers warrants that the website will be uninterrupted or error-free; nor does The Andersons make any warranty as to the results that may be obtained from use of the website or as to the accuracy, reliability, completeness, or content of any information or service  provided through the website. 

All services, products, merchandise, customization, and materials obtained through the website including all text, graphics, links, animation, java script, and "cookies," are provided on an "as is" basis without warranties and conditions of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, 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 record, and all causes of action for the same, whether breach of contract, tortious behavior, negligence, or otherwise. You specifically acknowledge that The Andersons 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.

The Andersons is not responsible for any content distributed by you through this website or associated services. No advice or information, whether oral or written, obtained by you through this website shall create any warranty not expressly stated in the terms. 

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above limitation may not apply to you.

 

Limitation of Liability

Neither The Andersons nor any party involved in the creation of, production of or delivery of its services or any website associated with its services shall have any liability whatsoever for direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, use, or inability to use such services or any site linked to this website, or any failure of performance, alteration, error, omission, interruption, defect, delay in operation, transmission of computer virus, or line or system failure regardless of whether such claim is for contract, tort, negligence, strict liability, or any other claim. Further, neither The Andersons nor any other party involved in the creation of this website shall have any liability for such claims even if The Andersons has been advised about the possibility of such a claim. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages so The Andersons liability in such jurisdictions is limited to the extent permitted by law.

 

Intellectual Property

Copyrights: The Andersons, its business partners and content providers have property rights to all content on this website, including but not limited to text, graphics, logos, button icons, images and pictures on this website, which property rights are protected by U.S. copyright law.  This website is copyrighted as a collective work under U.S. copyright law.  Except as permitted by the limited license section below, you may not modify, transmit, distribute, or republish any of this content without the prior written consent of The Andersons.

Trademarks: The Andersons owns all trademarks, trade names, brand names and service marks whether registered or unregistered and whose property rights are protected by U.S. trademark law.  Except as permitted by the limited license section below, you may not use any of these trademarks, trade names, brand names and service marks without the prior written consent of The Andersons.  Any other trademarks, tradenames, brand names, and service marks remain the property of their respective owners.

Patents: The Andersons owns all patents and patent applications filed by The Andersons, whose property rights in such patents and patent applications are protected by U.S. and International patent laws.  You may not use any of these patented or patentable assets without the prior written consent of The Andersons.

Limited License: You may download portions of materials on this website solely for your personal non-commercial use. 

Termination of License: If you violate any of these Terms of Use, your permission to use the content of this website automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.

Copyright Infringement: If you believe that any material contained in this website infringes your copyright, you should notify The Andersons of your copyright infringement claim.

The Andersons will process notices of alleged infringement that it receives and will take appropriate action under applicable intellectual property laws. Notifications of claimed copyright infringement should be sent to the website's Designated Agent who is:

The Andersons, Inc.

PO Box 119
Maumee, OH 43537
Telephone: 419-893-5050
E-mail: hostmaster@andersonsinc.com

To be effective, the notification must be in writing and contain the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

Investor Relations

Forward Looking Statements: Some of the information on this website may contain “forward-looking statements.” Actual results could differ materially from those presented in the forward-looking statements as a result of many factors including general economic conditions, weather, competitive conditions in the company’s industries, both in the U.S. and internationally, the COVID-19 pandemic, and additional factors set forth from time to time in the Company's filings with the Securities and Exchange Commission. 

 

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. By submitting communications or content to any part of this website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant or warrant that the owner of such content has expressly granted The Andersons a royalty-free, perpetual, irrevocable, world-wide, exclusive, sublicensable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, or forum now known or hereafter developed. 

 

Links To Other Websites

This website may contain links to third party websites ("Third Party Sites"). We do not, either expressly or by implication, endorse the content on these Third Party Sites. The links are provided for your convenience only. We have no control over such Third Party Sites, nor do we review the content on those Third Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that The Andersons is not responsible or liable, either 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 Site or resource.

 

Unsolicited Ideas

The Andersons does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names. Please do not send any such unsolicited ideas. If you send any such information, the information will be deemed, and shall remain, the property of The Andersons. None of the information will be treated as confidential or proprietary, and The Andersons shall not be liable for any use or disclosure of such information. The Andersons shall be entitled to unrestricted use of such information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.

 

Exclusive Jurisdiction; Governing Law

You expressly agree that exclusive jurisdiction for any dispute with The Andersons, or in any way relating to your use of the website, resides in the courts in Toledo, Ohio, U.S.A., and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Toledo, Ohio, U.S.A. in connection with any such dispute including any claim involving The Andersons or its employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms of Use are governed by the internal substantive laws of the State of Ohio, U.S.A. without respect to its conflict of laws principles.

Entire Agreement: Except as expressly provided in a particular "legal notice" on the website, these Terms of Use constitute the entire agreement between you and The Andersons with respect to the use of this website and the information, products, customization, materials, services, and advice provided on the website. Your use of this website is also subject to The Andersons Privacy Policy. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

Termination: The Andersons may terminate these Terms of Use without cause at any time and effective immediately. In addition, The Andersons, in its sole discretion may terminate these Terms of Use immediately and without notice for your violation of any part of these Terms of Use. You may also terminate these Terms of Use by simply discontinuing use of your account and/or the website. In the event of any termination of these Terms of Use, the restrictions on your use of the content of the website (as set forth in Paragraphs titled ("Intellectual Property) and ("User Submissions")) shall survive such termination, and you agree to be bound by those terms.

Indemnity: You agree to defend, indemnify, and hold harmless The Andersons, its officers, directors, employees, agents, licensors, suppliers, and licensees from and against any claims, actions, or demands, liabilities, damages, and settlements (including without limitation, reasonable legal and accounting fees and litigation expenses) resulting from, or alleged to result from, your violation of these Terms of Use or relating to or arising from your use of the website, The Andersons services, and any products or services obtained on or through the website.

Waiver & Severability: Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. No waiver of any of the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 

Limitation on Actions: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

Export: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act - and not to transfer, by electronic transmission or otherwise, any content derived from the website to either a foreign national or a foreign destination in violation of such laws.

If you have any questions or concerns about how your personal information will be treated as you make use of this website, please take a moment to read our Privacy Policy.

Questions or comments regarding this website should be directed by e-mail to hostmaster@andersonsinc.com, or by telephone to 419-893-5050, or by U.S. mail to:

The Andersons, Inc. 
PO Box 119
Maumee, OH 43537
Attention: hostmaster

 

January 2022