Mobile Texting Terms and Conditions (USA and Canada)

Terms and Conditions of Use

Please read these Mobile Texting Terms and Conditions (the “Mobile Texting Terms”) carefully. By opting-in to receive text messages from AGCO, you agree to these Mobile Texting Terms, as well as AGCO’s Terms of Use and Privacy Statement, which are incorporated herein by reference and can be viewed at the links provided here, or at agcocorp.com.

By opting-in to receive text messages from AGCO, you accept and consent to all of these Mobile Texting Terms. If you do not agree with any of these terms, please do not opt-in to receive mobile texting.

AGCO reserves the right, in its sole discretion, to modify or replace these Mobile Texting Terms at any time. If material changes to the Mobile Texting Terms are made, the updated Mobile Texting Terms will be available here and/or notice of the changed Mobile Texting Terms may be sent to you via text.

1. By opting-in to receive text messages from AGCO, you agree that you have provided the appropriate consent required to receive the type of text message requested and understand that such text messages may be sent using an automatic telephone dialing system, by or on behalf of AGCO at the wireless phone number you used to text a keyword to 59975 or that you otherwise provided. Consent to receive text messages is not a condition of purchasing any goods or services.

2.    In order to receive text messages from AGCO, your phone must be capable of transmitting text messages and supported by a mobile phone carrier connected with our third-party texting platform provider. Message and data rates may apply to any messages sent to you from or on behalf of AGCO, and messages you send to us. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

3.    You represent that you are the subscriber for/or customary user of the wireless number that you provided in opting-in to receive text messages from AGCO, that you are 18 years of age or older, and that you are authorized to approve any related charges for messaging and data applied by your wireless carrier. You agree to promptly notify AGCO by emailing marketing.na@agcocorp.com of an update if service for any wireless number provided by you is cancelled or if your wireless number changes, so that AGCO may update its records.

4.    You may choose to opt-out of receiving text messages from AGCO at any time. You can stop receiving text messages at any time by texting “STOP” from your mobile device to “59975” or in response to any text message received from AGCO. You will not receive any additional messages. You may also opt-out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” in response to any text message you received from AGCO or to “59975”. 

5.    All texts are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of performance, availability, quality of service or fitness for a particular purpose. AGCO does not warrant that texts will be uninterrupted, error-free, accurate or complete. You agree that all use of the service is at your sole risk. Without limiting the foregoing, AGCO does not make any warranties as to the security of your communications. You have the sole responsibility to secure your communications.

6.    To the maximum extent permitted by law, you expressly understand and agree that AGCO and its respective affiliates, officers, agents, employees, partners, contractors, consultants, and suppliers (“Related Parties”), shall not be liable to you or any other person for any losses, costs, expenses or damages of any kind based on breaches of these Mobile Texting Terms or your relationship with AGCO, regardless of the type or basis of the claim. In no event will AGCO or its respective Related Parties be liable for any direct, indirect, incidental, special or consequential damages, including attorney’s fees, arising out of the use of or inability to use the AGCO texts. You agree that any claim or cause of action related to these terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you.

7.    You agree to indemnify, defend, and hold harmless, AGCO and its respective Related Parties, from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including without limitation, all reasonable attorneys’ fees, arising from or relating to: (A) Your participation in mobile texts; (B) Your breach of these Mobile Texting Terms; (C) Your violation of the law or any third-party right; or (D) Any activity otherwise related to your participation in mobile texting (including your negligent or wrongful conduct).

8.    In the event that there is a dispute between you and AGCO or between you and any third-party service provider associated with AGCO, arising out of any matter, including the determination of the scope or applicability of this agreement to arbitrate, such dispute will be determined by arbitration in Georgia before one arbitrator. The arbitration will be administered by the American Arbitration Association. The arbitrator will apply the substantive law of the State of Georgia, exclusive of its choice of law rules. To the fullest extent permitted by law, each of the parties agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury. The arbitrator will deliver a reasoned written decision with respect to the dispute. The decision of the arbitrator will be final and binding on the parties and will not be subject to appeal or review. The parties acknowledge that this agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq.

9.    AGCO reserves the right, in its sole discretion, to suspend or terminate texting at any time, in whole or in part, for any reason, with or without notice to you.

10.  These Mobile Texting Terms, together with the AGCO Privacy Statement, each as may be amended from time to time, constitute the entire agreement between you and AGCO regarding mobile texting. Neither the course of conduct between us nor trade practice shall act to modify these Mobile Texting Terms. If any provision of these Mobile Texting Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Mobile Texting Terms, and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or power under these Mobile Texting Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Mobile Texting Terms preclude further exercise of that or any other right under these Mobile Texting Terms. The Mobile Texting Terms, and any rights granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by AGCO without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

11.  These Mobile Texting Terms and AGCO’s relationship with you regarding mobile texting are governed by the laws of the State of Georgia, without regard to its conflicts of law principles, and venue for any dispute regarding these Mobile Texting Terms shall be brought in Atlanta, GA.

12.  For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AGCO provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

13.  Should you have any questions regarding AGCO’s mobile texting, you may text “HELP” to “59975” or email marketing.na@agcocorp.com.