Through this website, FARMERON (“Farmeron Inc.”, “we” or “us”) provides access to software and services (“Services”) that allow a user (“user” or “you”) to use FARMERON for the purpose of managing farm production data and optimizing agricultural production performance. These Terms of Service (“Agreement”) describes the terms and conditions on which FARMERON provides the Services to you. READ THIS AGREEMENT CAREFULLY. BY INDICATING ACCEPTANCE OF THIS AGREEMENT OR BY OTHERWISE USING THE SERVICES OR THIS WEBSITE, OR BY USING FARMERON SOFTWARE, YOU ARE ENTERING INTO THIS AGREEMENT WITH FARMERON. THIS IS A LEGALLY BINDING AGREEMENT. If you do not agree to these terms and conditions, you are not permitted to use the Services or this website or to use FARMERON software.
FARMERON provides software for online farm production data management and agricultural production performance optimization, for dairy, cattle and crops producers, especially in domains of animal transfers tracking, animal feeding, milk production analytics, agricultural reporting, farm machinery integration and others (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
FARMERON hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use it’s Services. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
If you register as a User or otherwise use the Services, you represent and warrant to FARMERON that: (i) you are of legal age to form a binding contract; (ii) you will provide FARMERON with accurate, current and complete registration information in FARMERON’s registration form (the “Registration Data”); and (iii) your registration and your use of the Services is not prohibited by law. You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FARMERON has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FARMERON has the right to suspend or terminate your account and refuse any and all current or future use of the FARMERON Services (or any portion thereof). You should not share your password nor use the Services using the registration of any third party.
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below (“Site Content”), and all software embodied in this website or otherwise used by FARMERON to deliver the Services (“Software”) is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks “FARMERON” and the FARMERON logo are trademarks of FARMERON, and they may not be used in connection with any service or products other than those provided by FARMERON, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FARMERON. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
Usage of Services is allowed for paying users only. FARMERON may make reasonable modifications to the Services at any time. You may not remove any copyright, trademark or other proprietary notices that have been placed on the FARMERON Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the FARMERON Property, or any portion of the FARMERON Property, is strictly prohibited without the prior written permission of FARMERON. You agree, and represent and warrant, that your use of the Services and the FARMERON Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the FARMERON Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
As part of using FARMERON, you may insert, edit, submit, handle in any other way, or distribute using FARMERON, sensitive farming business data, farm operating data, farm production data, personal contact and third party data, and other materials and information (collectively, “User Content”). The User Content remains your property, and FARMERON does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:
your User Content may be associated with your FARMERON account, and that accordingly your User Content will be attributable to you, that third parties will possibly gain access to your User Content through the Services, and FARMERON shall in no event be liable to you for any use or misuse of your User Content by any third party.;
you grant FARMERON and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using FARMERON and for the purposes of promotions and advertising of FARMERON and its Partners.
You represent and warrant that you own all proprietary and business rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to store the User Content and to grant the licenses granted hereunder, and that your storing and handling of the User Content, and the exercise by FARMERON, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and if any royalties are payable to any third party for exploitation of User Content stored or handled by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
FARMERON is under no obligation to edit or control User Content that you and other users store to or distribute, and will not be in any way responsible or liable for User Content. FARMERON does not vet or control the Customers or other individuals that use the Services. You store, access and use User Content at your own risk, and FARMERON and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. No user of the Services shall:
Use, store, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
Except as otherwise permitted by this Agreement, harvest or otherwise collect data about others, including email addresses, without their consent;
Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in FARMERON’s sole judgment, exposes FARMERON, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.
No user of the Services shall store, upload to, distribute through or otherwise use in connection with the Services any User Content that:
Is libelous, defamatory, threatening, abusive, harassing, scandalous, obscene, invasive of another’s privacy, pornographic, harmful to minors or unlawful or that encourages a criminal offense;
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or
Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
Constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; or contains non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
FARMERON reserves the right (but is not obligated) to do any or all of the following:
record Customer Content;
investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
monitor, edit or disclose any Customer Content or Customer registration information; or
edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.
FARMERON has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
The FARMERON website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by FARMERON. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
FARMERON warrants that the Services and FARMERON Property will conform substantially to the descriptions set forth on the FARMERON website. However, FARMERON does not warrant that the Services or FARMERON Property will operate error-free or without downtime. FARMERON may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to FARMERON. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and FARMERON’s sole and exclusive liability, shall be (at FARMERON’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, FARMERON makes no representations or warranties of any kind regarding the Services or the FARMERON Property. FARMERON EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND FARMERON PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR FARMERON PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE FARMERON PROPERTY. No advice or information, whether oral or written, obtained by you from FARMERON or through the Services will create any warranty not expressly stated herein. PARTICIPATING IN ANY PHYSICAL ACTIVITY INVOLVES SOME RISK OF PHYSICAL INJURY OR DEATH. FARMERON AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF FARMERON, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH USING FARMERON. FARMERON AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE FARMERON IS USED. USERS PARTICIPATE IN FARMERON AT THEIR OWN RISK. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM FARMERON OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR FARMERON PROPERTY, EVEN IF FARMERON OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF FARMERON AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE FARMERON PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO FARMERON, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer shall defend, indemnify and hold harmless FARMERON against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Customer’s use of FARMERON, participation in FARMERON, or Customer’s breach of any provision of this Agreement, including, without limitation, any claim by any participant in any FARMERON designed by Customer, or any claim by any non-participant third party who suffers any injury in connection with the use of FARMERON by FARMERON participants. FARMERON reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with FARMERON with respect to such defense and settlement.
FARMERON is not directed to users under the age of 18. If you are under the age of 18, you are not permitted to register as a Customer or to send personal or business data to FARMERON.
You and FARMERON agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of Delaware, USA, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Delaware, USA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Delaware, USA, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
FARMERON reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other FARMERON policies before using FARMERON.
In no event shall FARMERON be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside FARMERON’s reasonable control.
No delay or omission by FARMERON in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by FARMERON of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with whom FARMERON has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and FARMERON regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
FARMERON may change these Terms from time to time in its discretion. Your continued use of our sites indicates your consent to these Terms and any amended versions of it. This document was last updated on December 30th, 2011.
We currently accept the following payment methods: Visa, MasterCard, Discover, American Express and business or personal Check. Payment by Check is accommodated on a case by case basis at the sole discretion of Farmeron®.
We reserve the right to change our fees or other charges at any time by updating these Terms and/or by notifying you on the Site or via email, but we will not impose any fee increases retroactively. You agree to pay all applicable fees or charges to your Farmeron® Account based on Farmeron®’s fees, charges and billing terms in effect when you purchase the Services, as such fees and payment terms may be updated as set forth in these Terms.
If you do not pay on time or if Farmeron® cannot charge your registered payment method for any reason, Farmeron® reserves the right to either suspend or cancel your access to this Site and the affected Services and terminate these Terms. Since all Services provided by Farmeron® are prepaid, if your registered payment method is declined, the relevant Services will be suspended and you will no longer be able to use such Services until you reactivate your Services by paying the outstanding fees and associated reactivation fee (unless your Services have already been cancelled due to such non-payment as specified above). You expressly agree that Farmeron® is permitted to bill you for the applicable fees, applicable taxes and any other charges you may incur in connection with your use of the Site and Services and the fees will be billed to your registered payment method associated with your Farmeron® Account, and thereafter at regular intervals as described in these Terms until you or we cancel your Services as set forth herein.
You expressly agree that Farmeron® is permitted to bill you for the applicable fees, applicable taxes and any other charges you may incur in connection with your use of the Site and Services and the fees will be billed to your registered payment method associated with your Farmeron® Account, and thereafter at regular intervals as described in these Terms until you or we cancel your Services as set forth herein.
All amounts are payable in US dollars only. You may not transfer your purchases to a third party.
All payments made by you to Farmeron® are final and are non-refundable, , except: (a) if these Terms or applicable law expressly provide otherwise; or (b) Farmeron® in its sole discretion, decides to provide you with a refund even though we are not legally required to do so.
In the event a Service is listed at an incorrect price or with incorrect information, Farmeron® shall have the right to refuse or cancel any orders placed for that Service whether or not they have been confirmed and your payment has been accepted, although Farmeron® will refund any incorrect amounts paid by you if you have not already used the affected Service.
Taxes & Surcharges
Stated prices for the Services do not include applicable sales taxes, surcharges, fees or other government or regulatory charges, which may include without limitation, mandatory surcharges for federal and state Universal Service Fund contributions, state and local 911 fees, and cost recovery surcharges. We charge applicable federal, state and local sales taxes, surcharges, fees and other government charges on all purchases made through our Site. The amount of these taxes and other surcharges is subject to change and may vary from time-to-time and by geographic area. We may also become subject to additional regulatory requirements in the future which may require us to charge other additional amounts. All applicable taxes, surcharges and other amounts billed to you will be viewable through the My Account feature (or other feature made available to you) on the Site.
If you think that there has been an error in any charge associated with your Farmeron® Account, you must notify us within 30 days after the date on which the disputed amount has been charged to the your registered payment method. You must submit your payment dispute notification through our online Support feature and one of our advisors will investigate your claim. If you do not notify us within 30 days, and unless otherwise provided by applicable law, you hereby waive any right to dispute the charge in the future, including in arbitration or a court proceeding. If we determine in our sole discretion that the disputed charge was incorrectly charged and was raised by you in a timely manner, we will credit or refund the amount to you. If we credit or refund the disputed charge, you hereby agree that to the fullest extent permitted by applicable law, the dispute is fully and finally resolved and not subject to further proceedings.
Credit Card Chargebacks
If we have charged your registered payment method for a charge that we deem is authorized and valid under these Terms, and your credit card company or other payment provider subsequently withholds or revokes such payment to us because the charge has been disputed by you (a “Chargeback”), we reserve the right to suspend your access to the affected Services until the Chargeback is reversed or in the case of a billing dispute, the billing dispute is resolved as set forth in these Terms.
Third Party Fees
We are not liable for any fees or charges for products or services provided by third parties through, or for use on, your mobile device, phones, computers or other equipment. If an unauthorized or disputed charge for a third party product or service appears in your credit card or other billing or financial statement or invoice, you must contact that third party directly to resolve the billing issue.