Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE ARE LEGALLY BINDING UPON ALL USERS OF THE USA AG WEBSITE AND ITS SERVICES.

The Site

Welcome to www.usaag.com (the "Site"). The purpose of the Site is to promote and sell agricultural products, equipment, supplies, and services ("Agricultural Products" or "Merchandise") to support farming, growing, and agricultural operations. The Site is comprised of various webpages operated by USA AG LLC and/or one or more of its subsidiaries ("we", "us", "USA AG", or "Company").

Agreement Between User and USA AG

The terms, conditions and notices contained herein (these "Terms") set forth the legally binding agreement between you as the user of the Site ("you", "User", or "Customer") and USA AG. The Site is offered to you conditioned on acceptance without modification of these Terms. Each time by viewing, using, accessing, browsing or submitting any content or material on the Site and using its services (the "Services"), whether through the Site itself or through such other media or media channels, devices, software or technologies as the Site may choose from time to time, you are agreeing to abide by these Terms, as amended from time to time with or without notice to you. If you do not agree to these Terms, please do not use the Site.

Integrated Policies

Please view our complete policies which are incorporated by reference into these Terms:

• Shipping Policy: https://usaag.com/policies/shipping-policy
• Return and Replacement Policy: https://usaag.com/policies/refund-policy
• Order Cancellation Policy: https://usaag.com/pages/order-cancellation-policy
• Privacy Policy: https://usaag.com/policies/privacy-policy

Agricultural Product Compliance and User Responsibility

General User Responsibility

Users are solely responsible for all use of and transactions conducted on, through or as a result of use of the Site or Services. You agree that use of the Site and/or the Services is subject to all applicable local, state and federal laws and regulations, including but not limited to agricultural, environmental, and safety regulations.

Agricultural Specific Compliance

You acknowledge and agree that:

• Licensing and Permits: You are responsible for obtaining all necessary licenses, permits, and certifications required in your jurisdiction for the purchase, possession, use, storage, and application of agricultural products, including but not limited to pesticides, fertilizers, animal feeds, and regulated equipment.
• USDA and EPA Compliance: You will comply with all United States Department of Agriculture (USDA), Environmental Protection Agency (EPA), and state department of agriculture regulations applicable to the agricultural products you purchase.
• Professional Use Requirements: Some products sold on the Site may be restricted to licensed agricultural professionals, commercial operators, or certified applicators. You represent that you have the necessary qualifications and licenses to purchase and use such restricted products.
• Age Restrictions: You must be at least 18 years of age to purchase agricultural chemicals, animal medications, or other age restricted agricultural products.
• Geographic Restrictions: Certain agricultural products may be subject to shipping restrictions, quarantine regulations, or may be prohibited in specific geographic areas. You are responsible for ensuring products can be legally shipped to and used in your location.

Prohibited Uses

You also agree not to:

• Access the Site or Services using a third party's account or registration information
• Use the Site for illegal purposes or in violation of agricultural regulations
• Commit any acts of infringement through the Services or with respect to content on the Site
• Copy any content for republication in print or online without permission
• Create fraudulent reviews or misrepresent agricultural product performance
• Attempt to gain unauthorized access to other computer systems from or through the Services
• Interfere with another person's use and enjoyment of the Services
• Upload or transmit viruses or other harmful, disruptive or destructive files
• Disrupt, interfere with, or otherwise harm or violate the security of the Service
• Use the Services in any way that is unlawful, illegal, fraudulent or harmful
• Conduct systematic or automated data collection activities without express written consent
• Access or interact with the Service using any robot, spider or other automated means
• Use data collected from the Site for direct marketing activities
• Infringe intellectual property rights or privacy rights of any third party
• Create links from the Site to another website without prior written consent
• Reverse engineer, decompile or extract the Site's source code
• Collect or disseminate personally identifiable information without consent
• Misrepresent any affiliation with any legal entity or third party
• Engage in criminal or tortuous activity, including fraud or harassment
• Resell or redistribute agricultural products purchased for personal use in commercial quantities
• Purchase restricted agricultural products without proper licensing or certification
• Use agricultural products in a manner inconsistent with label instructions or regulations
• Provide false information regarding licensing, certifications, or intended use

Your Account

Account Registration

In order to use certain functionalities and Services provided through the Site, you will be required to register an account. At the time of registration, you will be asked to complete a registration form requiring information such as your name, email address, business information, agricultural operation details, and any relevant licensing or certification information.

Account Verification

Upon verification of details provided by the User, we may or may not grant an account. For certain agricultural products, additional verification of licenses, certifications, or commercial agricultural operations may be required before account approval.

Account Responsibilities

You represent, warrant and covenant that:

• You have full power and authority to accept these Terms and perform your obligations
• You will use the Site and Services for legitimate agricultural business or personal farming purposes only
• The address you provide is the principal place of your agricultural operation or personal address
• All licensing and certification information provided is current, accurate, and valid
• You will not allow unauthorized persons to use your account
• You will immediately notify us of any unauthorized use of your account
• You will not create multiple accounts or associate excessive devices with a single account

Agricultural Professional Accounts

Commercial agricultural operators, licensed applicators, and agricultural professionals may be
eligible for professional accounts with access to restricted products, bulk pricing, and
specialized services. Professional account approval requires verification of:

• Business licenses and agricultural operation documentation
• Professional certifications and applicator licenses
• Commercial agricultural insurance (where applicable)
• Compliance with commercial agricultural regulations

User IDs and Passwords

Your user ID must not be misleading, vulgar, or violate content rules. You must not use your account for impersonation of any person or entity. You are responsible for maintaining password confidentiality and all activities under your account. You must immediately notify us of any unauthorized use and any security concerns.

Contact us at support@usaag.com or through the Site if you believe your account is no longer secure.

Product Information and Agricultural Disclaimers

Product Accuracy

All product prices, images, specifications, and availability are subject to change without notice. We take reasonable steps to ensure accuracy, but occasionally pricing, contents, measurements, or other errors may occur. We reserve the right to cancel orders reflecting such errors, whether confirmed or paid for.

Agricultural Product Disclaimers

Critical Agricultural Information:

• Product performance may vary based on soil conditions, climate, growing practices, and other environmental factors
• Seed germination rates, plant yields, and animal feed performance are estimates and not guaranteed
• Weather conditions, pests, diseases, and other factors beyond our control may affect agricultural product effectiveness
• Application timing, rates, and methods must comply with product labels and regulatory requirements
• Some products may have specific storage requirements to maintain effectiveness

Professional Consultation

We strongly recommend consulting with agricultural extension services, licensed professionals, or certified crop advisors before:

• Selecting fertilizers or soil amendments for specific crops or soil types
• Choosing pesticides or disease management products
• Implementing new growing systems or techniques
• Making significant changes to animal feeding programs

Order Acceptance and Agricultural Product Availability

Order Processing

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to:

• Insufficient inventory or product availability
• Product recalls or safety issues mandated by regulatory authorities
• Stop Sale orders required by USDA, EPA, or state agricultural departments
• Seasonal restrictions or weather related shipping limitations
• Geographic restrictions due to agricultural regulations or quarantine orders
• Verification issues with licensing or certification requirements
• Problems identified by our fraud prevention systems
• Export/import restrictions for agricultural products
• Inability to meet special handling or delivery requirements for live products or perishables

Special Agricultural Considerations

• Seasonal Products: Some products are only available during specific seasons or planting windows
• Living Products: Live plants, seeds, and other biological products may have limited availability windows
• Weather Dependent: Shipping of certain products may be delayed due to weather conditions to ensure product viability
• Regulatory Holds: Products may be temporarily unavailable due to regulatory reviews or compliance requirements

Order Confirmation and Payment

You will be charged upon ordering and your order will be shipped within timeframes stated on product pages or our shipping policy. If orders cannot ship within stated timeframes, we will hold payment as a deposit until shipping. Orders canceled after payment will receive credit to the original payment method.

Intellectual Property and Copyright

Site Content Protection

All content on the Site, including text, graphics, logos, images, software, and compilation thereof, is the property of USA AG or its suppliers and protected by copyright and intellectual property laws. You are granted a non exclusive, non transferable, revocable license to access and use the Site strictly in accordance with these Terms.

Permitted Use

You may display and download portions of Site material solely for:

• Your own non commercial agricultural use
• Placing orders with USA AG
• Purchasing USA AG products
• Reference for your agricultural operations

Prohibited Use

You may not:

• Reproduce, distribute, display or transmit Site content without authorization
• Modify, publish, reverse engineer, or create derivative works
• Delete or alter proprietary rights or attribution notices
• Use content for resale or commercial redistribution
• Copy agricultural guides, growing information, or proprietary methodologies for redistribution

Agricultural Information

Certain agricultural information, growing guides, and technical specifications provided on the Site are proprietary and intended solely for customers purchasing related products for their own agricultural use.

Trademarks and Trade Names

All trademarks, service marks and trade names used on the Site are trademarks or registered trademarks of USA AG or their respective owners. Unauthorized use of these marks is strictly prohibited.

Third Party Links and Services

External Links

The Site may contain links to other websites operated by third parties including manufacturers, suppliers, agricultural organizations, and educational institutions. These linked sites are not under our control and we are not responsible for their content, privacy practices, or services.

Third Party Products and Services

We may display products from third party manufacturers and suppliers. While we strive to work with reputable agricultural suppliers, we make no representations about third party products beyond our own return and warranty policies.

API and Data Sharing

Certain Services enable you to export information to third party services or link accounts with external platforms. By using these features, you consent to USA AG sharing information with contractual partners to provide requested functionality.

Third Party Advertising

We may display advertisements from agricultural suppliers, equipment manufacturers, and related agricultural businesses. Your participation in third party promotions is solely between you and such third parties.

Electronic Communications

You agree to receive communications from USA AG in electronic form, including:

• Order confirmations and shipping notifications
• Agricultural product safety alerts and recalls
• Regulatory updates affecting agricultural products
• Seasonal growing tips and agricultural information
• Account and billing communications
• Legal notices and agreement updates

Electronic communications satisfy all legal requirements for written notice and documentation.

International Users and Export Control

US Operations

The Service is controlled and administered by USA AG from within the United States. If you access the Service from outside the USA, you are responsible for compliance with all local laws and regulations.

Export Control Compliance

Our agricultural products and services are subject to US export control laws and regulations. You agree to comply with all applicable laws and acknowledge responsibility to obtain authorization for export, re export, or import as required.

Prohibited Jurisdictions

Use of the Site is prohibited in any jurisdiction that does not give effect to all provisions of these Terms or where agricultural product imports are restricted or prohibited.

Agricultural Product Warranties and Disclaimers

Limited Warranties

We provide limited warranties on agricultural products as specified in our return policy and as provided by manufacturers. Agricultural products are subject to variables beyond our control including weather, soil conditions, application methods, and growing practices.

Agricultural Performance Disclaimers

IMPORTANT AGRICULTURAL DISCLAIMERS:

• Seed germination rates are estimates and may vary based on storage, planting conditions, and environmental factors
• Fertilizer and soil amendment effectiveness depends on soil conditions, application timing, and environmental factors
• Animal feed performance may vary based on animal health, management practices, and environmental conditions
• Equipment performance depends on proper installation, maintenance, and operating conditions
• Pest and disease control products may have varying effectiveness based on environmental conditions and resistance patterns

Express Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL AGRICULTURAL PRODUCTS, INFORMATION, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
WE DO NOT WARRANT THAT AGRICULTURAL PRODUCTS WILL PRODUCE SPECIFIC YIELDS, PREVENT ALL PEST OR DISEASE PROBLEMS, OR ACHIEVE PARTICULAR AGRICULTURAL OUTCOMES.

Limitation of Liability

General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL USA AG BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF USE OF THE SITE OR SERVICES.

Agricultural Specific Limitations

WE SHALL NOT BE LIABLE FOR:

• Crop losses or reduced agricultural yields
• Livestock health issues or mortality
• Equipment failure or malfunction after proper installation
• Weather related delays or product deterioration
• Regulatory changes affecting product availability or use
• Contamination or cross contamination of agricultural products
• Economic losses due to market conditions or agricultural factors beyond our control

Maximum Liability

In any event, our total liability to you shall not exceed the amount you paid for the specific agricultural products giving rise to the claim.

Indemnification

You agree to indemnify, defend and hold harmless USA AG, its officers, directors, employees, agents and third parties, from any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of:

• Your use of the Site or Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Your violation of applicable laws, regulations, or agricultural compliance requirements
• Improper use, storage, handling, or application of agricultural products purchased through the Site
• Environmental damage or contamination resulting from your use of agricultural products
• Injury to persons, animals, or property resulting from your agricultural operations or use of purchased products

Dispute Resolution

Mandatory Arbitration

Any dispute or claim arising out of or relating to these Terms, the Site, the Services, or
agricultural products purchased ("Covered Claims") shall be resolved solely and exclusively by binding arbitration in Asheville, NC, before a single arbitrator administered by the American Arbitration Association ("AAA") in accordance with AAA's consumer arbitration rules.

Arbitration Procedures

• Neither party may pursue Covered Claims in court
• Both parties waive the right to jury trial
• Arbitration shall be conducted exclusively on an individual basis, not as part of any class action
• All proceedings shall be confidential
• The arbitrator's decision shall be final and binding

Agricultural Dispute Considerations

For disputes involving agricultural products, the arbitrator may consider:

• Industry standard agricultural practices
• Seasonal and environmental factors affecting product performance
• Regulatory compliance and agricultural safety standards
• Expert testimony from agricultural professionals

Opt Out

Users may opt out of this arbitration agreement by sending written notice to support@usaag.com within 30 days of first Site access. The opt out notice must clearly state rejection of arbitration, identify this agreement, provide your name and address, and be signed by you.

Termination of Access

Automatic Termination

Your permission to use the Site and Services will automatically terminate if you engage in prohibited conduct or violate these Terms.

Company Termination Rights

We may suspend or revoke your access at any time without notice for:

• Legal compliance requirements
• Protection of rights or interests of USA AG or third parties
• General discontinuation of Site or Services
• Violation of agricultural regulations or safety requirements
• Misuse of agricultural products or services

Agricultural Safety Termination

We reserve the right to immediately terminate accounts for:

• Purchasing restricted products without proper licensing
• Misrepresenting agricultural qualifications or certifications
• Using products in violation of label instructions or regulations
• Creating safety hazards through improper product use

Privacy

Your use of the Site is subject to our Privacy Policy at https://usaag.com/policies/privacy-policy . We process your personal data to ship agricultural products, facilitate returns, provide customer service, and for marketing purposes in accordance with applicable laws.
Agricultural Data: We may collect information about your agricultural operations, growing practices, and product usage to improve our services and provide relevant product recommendations. This information is treated confidentially and used only for legitimate business purposes.
Age Verification: We do not knowingly collect personal information from persons under 18. Agricultural chemical purchases require age verification.

Force Majeure

USA AG is not liable for failure to perform obligations when such failure arises from causes beyond our reasonable control, including:

• Weather conditions affecting agricultural operations or shipping
• Natural disasters, fires, floods, or acts of God
• Governmental actions or regulatory changes
• Agricultural quarantines or movement restrictions
• Equipment failures or transportation disruptions
• Strikes, labor disputes, or civil disturbances
• Supplier shortages or manufacturing delays
• Acts of war or terrorism

Miscellaneous

Governing Law

These Terms are governed by the laws of NC, without regard to conflict of laws principles.

Severability

If any provision is deemed invalid or unenforceable, the invalid provision will be superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder shall continue in effect.

Entire Agreement

These Terms constitute the entire agreement between you and USA AG regarding the Site and supersede all prior communications and proposals.

Assignment

You may not assign these Terms without our written consent. We may assign our rights to any affiliated company or successor in interest.

Changes to Terms

We reserve the right to update, modify, or change these Terms at any time. Changes will be posted to the Site and may be communicated via email. Your continued use after changes indicates acceptance.

Agricultural Industry Changes

These Terms may be updated to reflect changes in agricultural regulations, industry standards, or safety requirements. Users will be notified of significant changes affecting agricultural product compliance.

Contact Information

We welcome your questions or comments regarding these Terms. Please contact us:

USA AG Customer Service 925 Bald Hill St, Asheville, NC 28803

• Phone: +1 888.488.9220
• Email: support@usaag.com

Business Hours: Mon-Fri from 8am to 5pm

Legal Department Email: support@usaag.com
Agricultural Technical Support Email: support@usaag.com Phone: +1 888.488.9220

Effective Date: July 1, 2025 Last Updated: July 1, 2025

Agricultural Compliance Notice: These Terms are designed to facilitate compliance with
agricultural regulations, but do not constitute legal or regulatory advice. Consult with agricultural extension services, legal counsel, or regulatory authorities for specific compliance guidance.