THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND AGSQUARED, LLC (“AGSQUARED”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE AGSQUARED WEBSITE LOCATED AT WWW.AGSQUARED.COM (THE “WEBSITE”) TOGETHER WITH THE FARM RECORDKEEPING SERVICES AVAILABLE THROUGH THIS SITE ("SERVICES") (COLLECTIVELY, THE WEBSITE AND THE SERVICES ARE REFERRED TO AS THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. AGSQUARED MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. AGSQUARED CAN CHANGE THESE TERMS AT ANY TIME. IF AGSQUARED MAKES ANY CHANGES TO THESE TERMS, WE WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND WE MAY SEND REGISTERED USERS OF OUR SERVICES AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE AFTER SUCH NOTICE IS POSTED, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by AgSquared and are the copyrighted and/or trademarked work of AgSquared or AgSquared’s contributors.
AgSquared grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the Services on this Site solely for your personal use or your internal farm business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.
You may need a password to login to the Services and to use certain functions and areas within the Services. You are responsible for maintaining the confidentiality of your password and account, and agree to notify AgSquared if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify AgSquared of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Your use of this Site is governed by the AgSquared Privacy Policy.
Certain information and other content may be the material of third party licensors and suppliers to AgSquared (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use or your internal farm business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.
This Site may be linked to other sites that are not AgSquared sites. AgSquared is providing these links to you only as a convenience, and AgSquared is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
You promise not to use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state and national laws and regulations. When using this Site, you agree not to upload any materials, reports, records or data or take any actions that are inappropriate or disruptive to this Site. Without limitation, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. AgSquared reserves the right to terminate your access to your account, your ability to upload content to the Services with or without cause and with or without notice, for any reason or no reason, or for any action that AgSquared determines is inappropriate or disruptive to this Site or to any other user of this Site. AgSquared may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at AgSquared’s discretion, AgSquared will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require AgSquared to monitor, police or remove any information submitted by you or any other user.
Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to defend, indemnify, and hold harmless AgSquared, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from your (i) use or misuse of the Site; (ii) your access to the Site, your reports or records that you upload to the Services, your violation of these Terms; or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. AgSquared reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AgSquared in asserting any available defenses.
AgSquared is a trademark of AgSquared in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of AgSquared, Copyright © 2010 AgSquared, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
YOU OWN ALL OF YOUR FARM RECORDS AND INFORMATION THAT YOU UPLOAD TO THE SITE. AGSQUARED WILL USE YOUR FARM RECORDS AND INFORMATION THAT YOU UPLOAD TO THE SITE ONLY AS NECESSARY TO PROVIDE THE SERVICES TO YOU AND AS OTHERWISE SET FORTH IN THE PRIVACY POLICY.
AgSquared may, in the future, offer new services and/or features through the Services. Such new features and/or services shall be subject to these Terms. Your continued use of the Service after the introduction of new features and/or services constitutes your acceptance of the Terms. Such new features and/or services may be offered free of charge or for a fee that you will be asked to pay in advance in order to use such new services.
Your use of this Site is at your own risk. Neither the Materials, the Site nor the Third Party Content have been verified or authenticated in whole or in part by AgSquared, and they may include inaccuracies or typographical or other errors. AgSquared does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. AgSquared has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by AgSquared or our licensors. We generally retain both current and past versions of service-specific records that you upload to the Site; however, you are solely responsible for backing up your own records and AgSquared does not represent or warrant that your records will be secure from loss or destruction. AgSquared does not represent or warrant that the Services will be available on a continuous basis as there may be outages for maintenance and other circumstances beyond AgSquared's reasonable control.
AGSQUARED, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. SPECIFICALLY, AGSQUARED MAKES NO EXPRESS OR IMPLIED REPRESENTATION THAT THE USE OF THE SITE WILL RESULT IN IMPROVED RECORDKEEPING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AGSQUARED DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
AGSQUARED SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL OR THIRD PARTY CONTENT TO OR FROM THIS SITE OR RESULTING FROM YOUR USE OF THIS SITE. IN NO EVENT SHALL AGSQUARED BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF AGSQUARED KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL AGSQUARED'S AGGREGATE LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS ($1000.00).
AgSquared controls and operates this Site from its headquarters in the United States of America and the Site, the Materials and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
AgSquared may terminate and/or suspend your access to this Site and/or your account with or without notice if you violate these Terms or for any reason. If you wish to terminate your account, you may submit a request for your account to be deleted. Upon any deletion of your account, all of your personal information will be permanently expunged from our primary production servers and further access to your account will not be possible. However, portions of your information, consisting of aggregate data derived from your personal information, may remain on our servers indefinitely. Such aggregate data will not in any way provide any personal information about you or reveal anything about your agricultural practices. Your data may also remain on a backup server or media even after you delete them from our primary servers.
New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in New York, NY. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. AgSquared’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and AgSquared and supersede all prior or contemporaneous negotiations, discussions or agreements between you and AgSquared about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
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