Terms of Use

9.30.16

Advantage Acre®

Terms of Use

 

By using the Advantage Acre® website and associated applications, products, and services, including premium services offered by Advantage Acre+ (collectively “Advantage Acre”), you agree to these Terms of Use (“Terms”).

AgReliant Genetics” means AgReliant Genetics LLC®, and includes the following brands: AgriGold®, Eureka Seeds®, Great Lakes Hybrids®, Golden Acres Genetics®, LG Seeds®, Producers Hybrids®, Wensman®, and PRIDE Seeds®.

You,” “your,” and “User” refers to the person or entity that signs up to use Advantage Acre.  If the User is a corporation, company, partnership, or other entity, the person signing up for Advantage Acre represents that they are authorized to do so on behalf of such entity.

Personal Information” and “Ag Data,” have the meaning provided in the Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE ADVANTAGE ACRE.

Your Responsibility for Ag Data Uploads

You are fully responsible for the Ag Data you transfer, share, upload, download while using Advantage Acre.  You may not intentionally or negligently upload Ag Data that is false or misleading.  You certify that you are the owner of any Ag Data uploaded to Advantage Acre, or that you are licensed or authorized by the owner of the Ag Data.  You may not upload viruses, spyware, or other malicious software to Advantage Acre.  You assume full responsibility for any damage caused to AgReliant Genetics, AgReliant Genetics’ agents, or other Advantage Acre users if you or someone using your account violates this provision.

Your use of Advantage Acre must be lawful at all times.  You and the users of your Advantage Acre account must be at least 13 years of age or older.  Any user of your account must be authorized by you.  You are responsible for the actions all users of your account and their compliance with these Terms.

How you use, share, and transfer your Ag Data shall be governed by Advantage Acre’s Data Sharing Policy.

Users of Your Account

When you create an Advantage Acre account, you will create a unique log in and password for your account. You will be allowed one log in per account. Other users of Advantage Acre with whom you intend to share your Ag Data must create their own Advantage Acre account in order to gain access to your Ag Data or other information.

Services Offered by Advantage Acre

AgReliant Genetics will offer various services through Advantage Acre (“Services”) which may require your acceptance of additional terms.  These Services may be changed, suspended, or discontinued from time to time.  AgReliant Genetics may periodically conduct maintenance or improvements on Advantage Acre that may interrupt the Services offered or your access to Advantage Acre.  AgReliant Genetics will use reasonable efforts to ensure that any interruption in Services is minimized to the User.

Payment Terms

Certain services provided by Advantage Acre are at no cost to you.  Other services, such as services provided with an Advantage Acre + subscription, require payment.  As applicable, you agree to pay for the services offered by Advantage Acre upon the terms and at the amount specified on the Advantage Acre website.  Payment shall be completed through the Advantage Acre website via credit card or other immediately available funds.  You authorize AgReliant Genetics to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in the Service and to facilitate easy payment for new services. AgReliant Genetics utilizes third party payment processing vendors who have additional terms and conditions applicable to payments made by you. AgReliant Genetics is not responsible for any acts, errors, or omissions caused by such third party vendors. Additionally, you may be charged sales tax or other applicable taxes based on the bill-to address and the tax rate in effect in your locality at the time your purchase is completed.

If your payment is declined or refused by a third party, AgReliant Genetics may suspend or terminate your access to Advantage Acre.

Trademarks and Intellectual Property

These Terms do not grant you any right, title, or interest in the name Advantage Acre or the Services developed for Advantage Acre.  Advantage Acre, Services and other technology provided by Advantage Acre may be protected by copyright, trademark, patent, and other state and federal laws of the United States.  “Advantage Acre” and the Advantage Acre logo are registered trademarks owned by AgReliant Genetics.  These Terms do not grant you any rights to use or register the name Advantage Acre or any other trademarks, service marks, trade names, logos, domain names, or brand features associated with the Services, including those marks used by the Services belonging to others (the “Proprietary Designations”) or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar to the Proprietary Designations, or that constitutes a translation thereof into any other language.  You agree to pay AgReliant Genetics any attorneys’ fees incurred by AgReliant Genetics in enforcing this provision.

Duration and Termination

After sign up and payment of the appropriate fee, your Advantage Acre account will exist for one year.  You can stop using your Advantage Acre account prior to expiration of the one-year term, but certain obligations may remain for Services ordered prior to notice of termination.  AgReliant Genetics reserves the right to suspend or terminate your Advantage Acre account at any time, without cause, without notice and without liability to you.  AgReliant Genetics may suspend or terminate your account if you are not complying with these Terms, or are using Advantage Acre in any way that would cause AgReliant Genetics legal liability or disrupt others’ use of the Services.  All indemnity and liability provisions in these Terms survive termination.

Indemnity and Limits on AgReliant Genetics’ Liability

You agree to indemnify, defend, and hold harmless AgReliant Genetics, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys’ fees) arising from your individual use and your organization’s use of Advantage Acre or the Services.  You also agree that this provision shall apply if another person causes damages, costs, claims, injuries, or liability using your Advantage Acre account, with or without your knowledge. In no event shall AgReliant Genetics be liable for any consequential, incidental, special, indirect or punitive damages arising from your use of Advantage Acre or the Services (including without limitation, damages for loss of business or good will, work stoppage, loss of information or data, loss of revenue or profit or computer failure), unless such damages arise from the gross negligence or willful conduct of AgReliant Genetics.

The total liability of AgReliant Genetics for any and all claims arising out of your use of Advantage Acre, or the Services will not exceed the amounts actually paid by you.

Disclaimer; No Guaranty

ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  AgReliant Genetics does not warrant and expressly disclaims that use of Advantage Acre will increase efficiency or yield of your farming operation.  Advantage Acre is a tool designed to assist you with efficiency and yield, but you should not rely on Advantage Acre as the sole basis for making production decisions.

Advantage Acre may include technical or other mistakes or inaccuracies. AgReliant Genetics shall have no liability to User for any such mistakes or inaccuracies. If you believe the information contained in the Services is inaccurate, please notify AgReliant Genetics at your earliest convenience.

Modifications

AgReliant Genetics may revise these Terms from time to time.  AgReliant Genetics will notify you by email, when you log into Advantage Acre, or by another means when these Terms are revised.  By continuing to use the Services after revisions become effective, you agree to be bound by any revised Terms.

Other Legal Terms

The Terms are governed by the laws of the United States and the State of Indiana.  The information provided on Advantage Acre is intended for use only by persons in the United States. AgReliant Genetics makes no representations that the information contained on Advantage Acre is appropriate for visitors in countries other than the United States. Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of Advantage Acre resides. Any suit naming AgReliant Genetics (including any affiliated company or brand, owners, employees, attorneys, or agents) as a party involving these Terms must be filed in the Indiana state courts located in Hamilton County, Indiana, or federal district court located in Indianapolis, Indiana, and you consent to venue and jurisdiction there.  These Terms create no third party beneficiary rights. AgReliant Genetics’ failure to enforce any provision in these Terms is not a waiver of the right to do so at a later date.  If any provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect.  You may not assign any of your rights in these Terms.  AgReliant Genetics may assign its rights without your consent.  These Terms do not create a partnership or agency relationship between you and AgReliant Genetics.

Notice

If you need to contact AgReliant Genetics for any purpose regarding these Terms, the Advantage Acre Privacy Policy, or Advantage Acre Data Sharing Agreement, please email legal@agreliant.com or call (317) 896-5556.