THESE TERMS OF SERVICE (THE “TERMS”) ARE A BINDING CONTRACT BETWEEN YOU AND HARVESTING INC. YOU MUST AGREE TO AND ACCEPT ALL OF THE TERMS, OR YOU DON’T HAVE THE RIGHT TO USE THE SERVICES AVAILABLE AT AND THROUGH OUR WEBSITES OR THROUGH OUR MOBILE APPLICATIONS (THE “SERVICES”). YOUR USING THE SERVICES IN ANY WAY MEANS THAT YOU AGREE TO ALL OF THESE TERMS, AND THESE TERMS WILL REMAIN IN EFFECT WHILE YOU USE THE SERVICES.
IMPORTANT NOTICE: FOR U.S. MEMBERS, DISPUTES ABOUT THESE TERMS OR RELATING TO THE SERVICES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY.
Eligibility:- You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Fees:- Your right to use certain features of the Services is subject to your continued payment of all applicable fees for those features (“Paid Services”). Any payment terms or “free trial” terms presented to you in the process of using or signing up for Paid Services are part of this Agreement. Please visit our payment page at www.farmersbusinessnetwork.com for information about membership costs and renewal fees.
Recurring Charges/ Automatic Renewal Conditions:- For our monthly, seasonal, annual or multi-year subscription services, you agree that your payment card will automatically be charged by us (through our payment card processing service provider) each year (or on the applicable anniversary for multi-year subscriptions) at the then-current applicable subscription rate (see Price Adjustments, below), until you cancel your subscription or until prohibited by applicable law. You may cancel your annual subscription by contacting Harvesting Support through your account at any time. If you wish to terminate your subscription and avoid a charge for the subsequent year, you must do so at least two (2) days before the annual renewal date of your subscription. (The annual renewal date is the same day of the year that your first subscribed). If you do not cancel at least two (2) days before the annual renewal date for your subscription, but you do cancel before your annual renewal date, contact us for a refund. If you cancel after your annual renewal date, you may be charged for that year and your cancellation would then be effective the following year, subject to applicable law. We will not send you an annual statement. Receipts for recurring charges can be viewed and printed from your account. If you revoke authorization to charge your payment card, or if for any reason your payment card issuer does not submit payment, we will cancel your subscription or suspend your use of the Service.
Price Adjustments:- We may modify our prices at any time. If we modify our price for any subscription which renews automatically, we will give you notice of the new prices at least thirty (30) days before the beginning of the renewal term in which the prices will be effective. If you have receive such a notice and (i) do not cancel your subscription as described in the ‘Recurring Charges/Automatic Renewal Conditions’ section above, or (ii) in jurisdictions that require your explicit agreement, you agree to the new prices and authorize us to charge your payment card accordingly.
Services:- You understand that Harvesting Inc owns the Services. The information provided and materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, analytics, benchmarking articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright, trademark, trade secret and/or other intellectual property laws. We own the Content presented or available through the Services other than your data, your Personal Information, your User Submissions or other third party content that we make available through the Services. You promise that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you without the prior consent of the owner of that Content.
Service Availability:- Not all Services we offer are available in all locations. For example, visual imagery are available only where we are clean data. Also, not all agronomic data and analytics we provide are applicable to all crops and geographies, so we may tailor the content we make available to you based on such factors as your location, the data you have provided, and your crops.
Please note that the Services provide content sharing settings to allow you to control who can see your User Submissions, so you should make sure these settings are configured to your preferences before sharing any User Submissions.
Copyright Notice and Take-Down Policy
Notice of Infringement. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Harvesting Inc Copyright Agent. Upon receipt of the Notice as described below, Harvesting Inc will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement ("Notice")
-- Identify the copyrighted work that you claim has been infringed.
-- Identify the material that you claim is infringing (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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
-- Provide your mailing address, telephone number, and, if available, email address.
-- Include both of the following statements in the body of the Notice:
------ "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
----- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
-- Provide your full legal name and your electronic or physical signature.
-- Deliver this Notice, with all items completed, to Harvesting Inc Copyright Agent:
Harvesting Inc. Attn: Copyright Agent
981 Bryant Way, Sunnyvale, CA, USA - 94087
Our Response:- Following receipt of a proper written notice, Harvesting will expeditiously remove or disable the allegedly infringing content. We will also notify the user who submitted or posted the allegedly infringing material and provide them with a copy of the copyright infringement notice. We may suspend or terminate access to the Harvesting Services of users that repeatedly infringe others copyrights.
Counter-Notice:- If a user of Harvesting Services believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter-notification that includes the following:
Email your counter-notice to email@example.com
-- Include ALL of the following:
-- Your name, address, and telephone number.
---- The source address of the content that was removed (copy and paste the link in the notification email).
---- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
---- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., the U.S. Federal District Court for the Northern District of California located in San Francisco, CA), and that you will accept service of process from the person who originally provided Harvesting Inc with the Notice.
---- A physical or electronic signature (for example, typing your full name).
Responsibility for Content:- Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the any content or what actions you may take as a result of having been exposed to any content, and you hereby release us from all liability for you having acquired or not acquired content through the Services.
We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Services, or between users and any third party, you agree that other than as provided in the Copyright Notice and Take-Down Policy section above, we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Harvesting Inc, its affiliates, its and their respective officers, directors, employees and agents, successors, licensors, advertisers or suppliers (collectively, the “Harvesting Parties”) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Additional Rules and Restrictions:- Your use of the Services is subject to the following additional rules and restrictions:
-- You will only use the Services for your own internal, personal, non-commercial use (other than your use for your own benefit), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you.
-- If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. You will not share your account or password with anyone, and you’ll take reasonable steps to protect the security of your account and your password.
-- You’re responsible for any activity associated with your account.
-- You will not contribute any Content or otherwise use or interact with the Services in a manner that:
---- Infringes or violates the intellectual property rights or any other rights of anyone else (including Harvesting);