Terms Of Services

Effective Date February 15th, 2017

Terms of Service (Effective February 15, 2017)

‍Core Principles of the Harvesting Inc Terms of Service and Privacy Policy.



These Terms include the provisions in this document, as well as those in the Harvesting, Inc. Privacy Policy (“Privacy Policy”) available at http://www.harvesting.co/legal/privacy. When we refer to “Data” in these Terms, we are referring to your Personal Information or your business Data. We define your Personal Information and business Data and how we use each category of information in the Privacy Policy.

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.

User Submissions:-  Data that you post, upload, share, store, or otherwise provide through the Services, including Personal Information and business Data, whether viewable by other our users or not, including any imagery/photos that you upload to our import/upload database, is your “User Submission”. You grant us a royalty-free, worldwide, irrevocable license to use, translate, modify, publish, transmit, display, reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services and for our own business purposes. This is a license only. Your ownership in User Submissions is not affected. To the extent the Services allow other users to access your User Submissions, you grant such other users a license to access those User Submissions, and to use and exercise all rights in it, as permitted by the functionality of the Services. All of the licenses you grant to us are subject to our Privacy Policy http://www.harvesting.co/legal/privacy to the extent they relate to User Submissions that are also your Personal Information as defined in our Privacy Policy.

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 info@harvesting.co

-- 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.

The Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

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);

---- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;Jeopardizes the security of your Farmer’s Business Network account or anyone else’s, such as allowing someone else to use your user name or password to access the Services (except on your behalf);Violates the security of any computer network, or wrongfully obtains any passwords or security information;“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means) or copies any significant portion of the Content;Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; orIs intentionally false or misleading.Changes.Changes to these Terms and Conditions.  We’re always working to improve the Services, so they may change over time, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Farmer’s Business Network website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; but that means you will no longer be able to use the Services.Changes in Services.  We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.Termination.  You’re free to stop using the Services at any time by contacting us at info@farmersbusinessnetwork.com. Please refer to our Privacy Policy https://www.farmersbusinessnetwork.com/page/show/privacy-policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Account termination is effective at the time you confirm termination or we terminate your account, even if termination occurs prior to the end of your then current membership term. We do not refund membership fees on termination. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.Provisions that, by their nature, should survive termination of these Terms shall survive termination.Additional Terms for Mobile Applications.  These Terms apply to your use of all the Services, including any applications (“Application”) available via the Apple, Inc.’s App Store, Google Inc.’s GooglePlay, or any other third party application store (collectively, the “Application Provider”), but the following additional terms will also apply to the Application:Both you and Farmer’s Business Network acknowledge that the Terms are concluded between you and Farmer’s Business Network only, and not with the Application Provider, and that the Application Provider is not responsible for the Application or the Content;The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;You will only use the Application in connection with a device that you own or control;You acknowledge and agree that the Application Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Application Provider of such failure; Upon notification, the Application Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;You acknowledge and agree that Farmer’s Business Network, and not the Application Provider, is responsible for addressing any claims you or any third party may have in relation to the Application;You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Farmer’s Business Network, and not the Application Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;Both you and Farmer’s Business Network acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; andBoth you and Farmer’s Business Network acknowledge and agree that the Application Provider and the Application Provider’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.General.Warranty Disclaimer.  None of the FBN Parties makes any representations or warranties concerning the Services and/or any Content contained in or accessed through the Services, and none of the FBN Parties will be responsible or liable for the accuracy, copyright compliance, legality, or decency of Content contained in or accessed through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY FARMER’S BUSINESS NETWORK (AND ITS LICENSORS, ADVERTISERS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT YOU WILL EXPERIENCE ANY PARTICULAR CROP OR SEED PERFORMANCE OUTCOME. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONLY PORTIONS OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FARMER’S BUSINESS NETWORK OR ANY OF THE FBN PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF YIELD, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS AND/OR AMOUNTS EXPENDED IN RELIANCE ON CONTENT (INCLUDING ANALYTICS), BENCHMARKING OR INFORMATION AVAILABLE THROUGH THE SERVICE, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FARMER’S BUSINESS NETWORK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY OTHER MATTER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO ONLY PORTIONS OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY APPLY TO YOU.Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Miscellaneous.  These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof, except that The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the Agreement to Arbitrate and Class Action Waiver below can be enforced and how it should be interpreted. The parties hereby consent to the exclusive jurisdiction of the state or federal courts located in San Francisco, California or the Northern District of California, respectively. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Farmer’s Business Network agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Farmer’s Business Network, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Farmer’s Business Network, and you do not have any authority of any kind to bind Farmer’s Business Network in any respect whatsoever. Except for the FBN Parties, you and Farmer’s Business Network agree there are no third party beneficiaries intended under these Terms.Agreement to Arbitrate and Class Action Waiver.  We encourage you to contact our Customer Support team at support@farmersbusinessnetwork.com in the event of any disputes. If we can’t resolve a dispute through Customer Service, you and Farmer’s Business Network agree to resolve any claims relating to the Terms, the Privacy Policy, or the Services through final and binding arbitration. This applies to all kinds of claims under any legal theory. It also applies even after you stopped using your Farmer’s Business Network account or deleted it.An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are all giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts, and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration will take place in San Francisco, California.No Class Actions.You and Farmer’s Business Network each agree that either party can only bring a claim against the other on an individual basis. That means:Neither you nor Farmer’s Business Network can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action. The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this). The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, and cannot be used to decide other disputes with other members.If a court decides that this subsection on “No Class Actions” is not enforceable or valid, then the entire Agreement to Arbitrate and Class Action Waiver will be null and void, but the rest of the Terms and Privacy Policy will still apply.Change LogFebruary 10, 2016.  Following revisions:Affiliates. Clarified this these terms of service apply to our affiliates, including FBN Inputs, LLC and FBN Capital, LLC.Recurring Charges/ Automatic Renewal Conditions. Added recurring charge and automatic renewal conditions.             Price Adjustments.  Added terms and conditions for price adjustments.             Service Availability. Specified that not all Services or analytics that we provide are available in all regions or for all crops.             User Submissions. Clarified that User Submissions include both Personal Data and Ag Data. Additional Rules and Restrictions. Clarified that the restriction on non-commercial use does not restrict use for your own benefit.  Added a restriction on provided intentionally false or misleading Content.             Termination. Clarified that an account termination is effective at the time it is made, not at the end of your then current membership term. Specified no refunds on early termination. March 31, 2015. Following revisions: Mobile Apps.  Updated the definition of the scope of our services to include mobile applications. Content Ownership. Clarified that we own all Content available through our Services other than your Personal Information, User Submissions or other third party content that we make available to you through the Services. License to User Submissions. Clarified that the license you grant us to any User Submissions is royalty-free, worldwide and irrevocable. Copyright Notice and Take-Down Policy.  Added a section that covers how you can contact us regarding claims of copyright infringement and how we will respond. FBN Parties. Expanded the definition of FBN Parties that is used throughout the Terms of Service to include our affiliates, directors, licensors, advertisers and suppliers. Terms of Service Changes. Clarified how we can update the Terms of Service. We will notify you of the changes by placing a notice on farmersbusinessnetwork.com and by sending you an email. On your next visit to farmersbusinessnetwork.com, you will be asked to agree to the updated Terms of Service. If you don’t agree, you may decline, but this means you will no longer be able to use our Services. A writing signed by both you and us is no longer a requirement to update the Terms of Service. Warranty Disclaimer. Added to the warranty disclaimer that we do not warrant that our members will experience any particular crop or seed performance outcome. Limitation of Liability. Added that we are not liable for any loss of yield or amounts expended in reliance on content or information available through our Services. Arbitration and Class Action Waiver. Added a mandatory agreement to arbitrate any claims relating to the Terms of Service, Privacy Policy or our Services and an agreement to only bring claims on an individual basis. June 11, 2014:  First version.© 2014-2016 Farmer’s Business Network, Inc. All rights Reserved. “Farmers Business Network,” “FBN” and “Farmers First” are trademarks of Farmer’s Business Network, Inc. All other trademarks are the property of their respective owners.