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TERMS AND CONDITIONS
Acceptance of Terms
All services provided to you by Farming Smarter, and any of its respective affiliates, unaffiliated partners and/or licensors (together herein referred to “Farming Smarter” or “we”) are provided to you subject to the following terms and conditions of service.
By accessing (either by computer, mobile, or other electronic device now or hereafter devised) Farming Smarter content available on Farming Smarter’s site, including services offered on a payment basis (each a “Paid Service” or “Paid Services”), you agree to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules, and policies which are displayed or to which you may be directed in connection with any Farming Smarter site or service (collectively the “Terms and Conditions”), all as may be modified by Farming Smarter in accordance with these Terms and Conditions. These Terms and Conditions, along with any modifications or additional or alternate terms or conditions shall be the entire agreement between you and Farming Smarter and any prior communications between you and Farming Smarter (including, for example, emails) do not form a part of these Terms and Conditions.
Your Registration Obligations
You may be required to establish an account or otherwise register (each a “Subscriber Account”) to participate in certain Services on the Farming Smarter site. When you provide registration information, you agree to: (a) provide true, accurate, current, and complete information about yourself, or the entity for which you are registering, as prompted by the Services registration form (such information collectively being the “Registration Data”); (b) maintain and promptly update the Registration data to keep it true, accurate, current, and complete; and (c) agree to pay all fees, including applicable taxes, incurred in connection with your use of the Paid Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete we have the right to suspend or terminate your Subscriber Account and refuse any and all current or future use of the Services (or any portion thereof). During registration, you may be asked to provide an email address and to create your own password. Your email address will become your user identification (“User ID”). You are responsible for maintaining the confidentiality of the password and your Subscriber Account and are fully responsible for all activities that occur under your password or Subscriber Account. You agree to: (a) immediately notify Farming Smarter of any unauthorised use of your password or Subscriber Account or any other breach of security; and (b) ensure that you exit from your Subscriber Account at the end of each session. Farming Smarter cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section 2.
Registration Data and certain other personal information about you is subject to our privacy statement. For more information, please see our privacy statement. By submitting your personal information, you signify agreement to the privacy statement which may be amended from time to time. You agree that Farming Smarter has the right, but not the obligation, to monitor the Farming Smarter site and Services electronically from time to time.
You acknowledge that in the event a third party service provider is located in the United States or another foreign country, your personal information may be processed and stored in the United States or such other foreign country, and the governments, courts, or law enforcement or regulatory agencies of that country may be able to obtain disclosure of your personal information through the laws of the foreign country. Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements: You acknowledge and agree that this paragraph constitutes prior written notice to you of, and your consent to the collection, use, and disclosure of your personal information as described above.
All information, data text, software, photographs, graphics, images, avatars, video, messages, ideas, reviews, opinions, suggestions or other materials on the Farming Smarter Site, including links to any third party websites or social media applications embedded therein (“Content”), uploaded, posted, or otherwise submitted by a user to the Farming Smarter Site or Services (“User Content”) is the sole responsibility of the person from which such User Content originates and any uploading, posting or other submission of such User Content is subject to the Submission Release Terms and Conditions referred to in Section 5 below. In addition to the License, Release and Waiver terms for Photos Content and User Content (as defined in Section 5 below), you also acknowledge and agree that you, and not Farming Smarter, are entirely responsible for all User Content that you upload, post, or otherwise submit via the Farming Smarter Site and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Farming Smarter Site or Services, you may be exposed to content that is offensive or objectionable. Under no circumstances will Farming Smarter be liable in any way for any loss, damage, or injury related to, arising as a result of, any Content (including User Content), including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, or otherwise submitted via a Service.
You agree not to use any Service to post, email, transmit, upload, or otherwise submit any User Content that:
Is offensive to the online community, such as Content that promotes racism, bigotry hatred or physical harm of any kind against any group or individual;
Could be harmful to minors;
Harasses or advocated harassment of another person;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
Promotes information that is false, misleading, illegal, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party including, without limitation, promoting an illegal, or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, proving information to circumvent manufacture-installed copy-protected devices, or providing pirated music or links to pirated files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
Provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information);
Engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, and pyramid schemes, without prior written consent; and
Contains or will contain any disabling mechanisms or protection feature designed to prevent its use, including any clock, timer, counter, computer virus, worm, software lock, drop dead device, Trojan horse routine, trap door, time bomb, or any other codes, designs, routines, or instructions that may be used to access, modify, replicate, distort, delete, damage, or disable the Content, any Services or the Farming Smarter site and any world wide web pages or any operating system software or hardware on which such Content, Service, or the Farming Smarter Site is operated or displayed except as specifically design into the Content.
Farming Smarter and its designees shall have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and hear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Farming Smarter may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Farming Smarter, its users and/or the public.
You agree that by uploading, posting, or otherwise submitting any User Content materials to any content generating or submitting Service or page on the Farming Smarter Site including, without limitation, to any live chat, commenting application, forum, social media application/page literary and/or dramatic content upload Service, reporting/blogging Service, criticism, review or opinion upload Service, or any image, photograph or other visual art-form upload Service, you are agreeing to the applicable Submission Release Terms and Conditions attached here for your reference.
For any photo that may be uploaded please refer to the following Photo Submission License, Release and Waiver (Schedule “A” below). For all other User Content please refer to the following Submission License, Release and Waiver (Schedule “C” below). Each of the Photo, Photo Submission License, Release and Waiver and Submitter Content License, Release and Waiver are hereby incorporated by reference into these Terms and Conditions. Please read the applicable submission release terms and conditions before posting, uploading, or otherwise submitting any content whatsoever to any farming smarter or service. any such posting, uploading, or other submission of content to a farming smarter site or service will indicate that you accept and agree to be bound by the applicable submission release terms and conditions.
Without limiting the generality of the submission release terms and conditions, under no circumstances shall any disclosure of any user content or related material to farming smarter be subject to any obligation of confidentiality or expectation of compensation. By submitting user content or any related material to farming smarter, you are waiving any and all rights that you may have in the user content or any related material and are representing and warranting to farming smarter that the user content (and all parts of it) or any related material are wholly original with you, that no one else has any rights in the user content or any related material and that farming smarter is free to implement, publish, distribute, reproduce, communicate (and authorize the communication of), transmit, modify, and otherwise exploit the user content (including any idea and/or suggestion) and to use the related material if it so desires, as provided or as modified by farming smarter, without obtaining permission or license from any third party.
Responsibility for Minors
In cases where you have authorized a minor to use the Farming Smarter Site or any of the Services, you recognize that you are fully responsible for: (i) controlling the minor’s access to and use of the Farming Smarter Site or any of the Services; and (ii) the consequences of any misuse by the minor. You acknowledge that Farming Smarter has no obligation to monitor the Services or any Content accessible through the Farming Smarter Site.
When participating forums or live chats (each a “Forum”, collectively, “Forums”), never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Farming Smarter cannot be responsible for the content or accuracy of any information and will not be responsible for any reliance or decisions made based on such information.
When participating in any Forum on or through the Farming Smarter Site you may not post, upload, link to, or otherwise distribute any information, materials or content that does not generally pertain to the designated topic or theme of the particular Forum. Use of Farming Smarter’s Forums for commercial purposes of any kind is strictly prohibited. Please note that Farming Smarter reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions. Use of and/or participation in any Forum shall indicate your acceptance of the Terms and Conditions.
Restrictions on Re-use, Re-sale
All Content available on the Farming Smarter Site, including the way content is presented, and the Services are: Copyright Farming Smarter, its affiliates, unaffiliated partners and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Farming Smarter grants you limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, or otherwise make available any of the Content obtained through the Farming Smarter Site or any of the Services, including without limitation, by caching, framing, deep-linking, or similar means, without the prior written consent of the respective copyright owner of such Content. Your entry or participation in any contest, promotion, or other similar offering on the Farming Smarter Site (each “Contest”) shall also be subject to, and governed by, the specific rules and regulations in respect of that Contest.
No area of the Farming Smarter Site may be used by you for any commercial purposes such as to conduct sales of goods or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for any commercial purpose whatsoever. We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, barring such violators from use of the Farming Smarter Site. We reserve the right to block access to the Farming Smarter Site by any user known or reasonably believed to be using the Farming Smarter Site for any commercial purpose (including, without limitation, the sale of goods and services).
Access and Interference
You agree that you will not use any robot, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon, to register for a Subscriber Account or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” pages contained in the Farming Smarter Site, or make any other request to transactional servers, more than once during any three second interval.
Certain services may allow you to download software application or other forms of Content, including files and/or data incorporated therein (collectively “Software”). The Software is made available to you by Farming Smarter or third parties subject to these Terms and Conditions and the terms and conditions made available to you during the software installation process. You agree that the Software is licensed to you by Farming Smarter or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Farming Smarter or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that Farming Smarter, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of or reliance on the Software including the failure of the Software to meet your needs, standards, expectations, or specifications. The Farming Smarter Site and/or Services may be further subject to certain Canadian and United States export controls. No software from the Farming Smarter Site or Service may be downloaded or otherwise exported or re-exported into (or to a national resident of) any country prohibited by such export controls to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s
You agree to defend, indemnify and save harmless Farming Smarter, its affiliates and licensors and each of their respective officers, directors, employee, and agents, including all third parties mentioned on the Farming Smarter Site, from and against any and all claims, action, or demands including, without limitation, reasonable legal and accounting fees resulting from or related to: (a) your breach of any of these Terms and Conditions (including any Terms and Conditions incorporated by reference) or your Paid Subscription Agreement; (b) your access to use of the Farming Smarter Site, Services, or Content; or (c) your usage or reliance on, or publication, communication, or distribution of anything on or from the Farming Smarter Site or through any of the Services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
General Practices Regarding Use and Storage
You acknowledge that Farming Smarter may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that User Content will be retained by Farming Smarter, the maximum number of times (and the maximum duration for which) you may access Farming Smarter’s Site or the Services in a given period of time. You agree that Farming Smarter has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted on or by the Farming Smarter Site or Service. You further acknowledge that, in relation to free services, Farming Smarter reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Services
For users of the Farming Smarter Site and/or any Services, other than Paid Services, Farming Smarter reserves the right, in its sole discretion, at any time and from time to time to modify these Terms and Conditions and discontinue, temporarily or permanently, the Farming Smarter Site or Services (or any part of such Farming Smarter Site or Services) with or without notice. You agree that any modification or discontinuance of any Farming Smarter Site or Services may be effected without prior notice, and acknowledge and agree that in connection with any such modification or discontinuance, Farming Smarter may immediately deactivate or delete your Subscriber Account and all related information and files in your Subscriber Account (including any Registration Data). You further agree that Farming Smarter shall not be liable to you or to any other person as a result of any such modification or discontinuance for any reason whatsoever. Your continued use of Farming Smarter’s Site or Services will mean that you accept those changes. For users of Paid Services, modifications of your Services and these Terms and Conditions are governed by your paid services Agreement.
You agree that Farming Smarter, in its sole discretion, may suspend or terminate your Subscriber Account, or use of the Farming Smarter Sites or Services, and remove and discard any User Content within the Service at its convenience, or for any reason, including, without limitation, for lack of use or if Farming Smarter believes that you have violated or acted inconsistently with the letter of spirit of the Terms and Conditions. Farming Smarter may also in its sole discretion and at any time discontinue providing the Farming Smarter Sites or Services, or any parts of the Farming Smarter Sites or Services, with or without notice. You agree that any suspension and/or termination of your access to the Farming Smarter Site or Services may be effected without prior notice, and acknowledge and agree that Farming Smarter may immediately deactivate or delete your Subscriber Account and all related information and files in your Subscriber Account (including any Registration Data) and/or bar any further access to such files or the Services. You further agree that Farming Smarter shall not be liable to you or to any other persona as a result of any such suspension or termination. If you are dissatisfied with the Farming Smarter Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Farming Smarter in operating the Farming Smarter Site or any of the Services, your sole and exclusive remedy is to discontinue using the Farming Smarter Site or Services in question. If you wish to delete your Subscriber Account, please contact Farming Smarter at firstname.lastname@example.org.
Disclaimer of Warranties
You expressly acknowledge and agree that:
Your use of any farming smarter site or service is at your own risk. to the maximum extent permitted by applicable law, the farming smarter site or services are provided on an “as is” and “as available” basis. Farming smarter expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, farming smarter makes no warranty that (i) the farming smarter site or services will meet your requirements, (ii) the farming smarter site or services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the farming smarter site or services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the farming smarter site or services will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the farming smarter site or services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from farming smarter, the farming smarter site, or through or from any farming smarter service shall create any warranty not expressly stated in the terms and conditions.
Limitation of Liability
You expressly understand and agree that farming smarter shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damage, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if farming smarter has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the farming smarter site or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered through or from the farming smarter site or services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the farming smarter site or services. you expressly acknowledge that farming smarter has entered into this agreement, and has and will make the farming smarter site, services, and content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these terms and conditions, and that the same form an essential basis for the bargain between you and farming smarter. you expressly agree that the limitations and exclusions of liability and disclaimers set forth in these terms and conditions will survive, and continue to apply in the case of the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.
Professional Information Disclaimer
The Farming Smarter Site may make available certain information provided by third parties related to various professional fields such as, without limitation, scientific research, animal health related matters, law, accounting, financial planning, and investments (“Professional Information”). The Professional Information is provided for educational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. Use of the Farming Smarter Site does not replace consultations with qualified veterinarian, legal, financial, or other relevant professional. Further, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date.
You agree that all risk association with the use of, or reliance on, any of the Professional information rests with you. You further agree that Farming Smarter, including its suppliers, shall not be responsible, or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Third Party Dealings & Online Sales Disclaimer
You acknowledge that some of the services accessible on the Farming Smarter Site are provided by third parties, including but not limited to newsletters and surveys. You acknowledge that in dealings with third parties, Farming Smarter is not the seller or provider and your agreement for, or purchase of, services with such third party is between you and the third party, and not Farming Smarter. Farming Smarter assumes no responsibility whatsoever for any charges you, or any user of your account you establish through the Farming Smarter Site, incurs when making purchase or other transactions in this manner. The responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours and/or the third party’s alone. You agree that Farming Smarter shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result, or in connection with, any such dealings or transactions. You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, Farming Smarter’s Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties.
Search Content Disclaimer
Any and all pictures, sounds, sound effects, sound recordings, graphics, video, audio-visual works, search results, listings (paid or free), and/or the arrangement thereof and any other works (the “Multimedia Content”) located through the Farming Smarter Site’s search services are protected by copyright and/or other intellectual property laws. Farming Smarter does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate, or create derivative works from any files containing such Media Content. Where search results link to sites outside the Farming Smarter Site, all the Multimedia Content contained on such sites is owned and served by entities other than Farming Smarter. Farming Smarter provides you with a URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any of any Multimedia Content accessed through the Farming Smarter Site search service for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
Farming Smarter, the Farming Smarter Logo, and FarmingSmarter.com trademarks and design marks, are trademarks or a registered trademark of Farming Smarter Association. All other product, brand, and company names and logos used or mentioned on the Farming Smarter Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on Farming Smarter’s Site or any of the Services without express written permission of the owner of the trademark is strictly prohibited.
Governing Law/Jurisdictional Issues
Except for third party sites and services independently operated and accessed through the Farming Smarter Site, the Farming Smarter Site and Services are controlled, operated, and administered by Farming Smarter from its offices in Alberta, Canada. Farming Smarter makes no representation or warranty that the Farming Smarter Site or any of the Services are appropriate or available for use at any locations outside of Canada. If you access the Farming Smarter Site outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through the Farming Smarter Site in violation of applicable export laws and regulations. These Terms and Conditions shall be construed in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the Province of Alberta and Federal Courts situate therein, and to waive any objections based upon venue.
Arbitration and Actions
Except where prohibited by applicable law, any controversy, claim, or dispute arising out of or relating to these Terms and Conditions, your use of the Farming Smarter Site or Service (including Paid Services) or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence, or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively a “Claim”), will be referred to, and finally settled (to the exclusion of the courts), by private and confidential binding arbitration before a single arbitrator held in Lethbridge, Alberta in English and governed by Alberta law pursuant to the Arbitration Act, RSA 2000, c A-43 as amended, replaced, or re-enacted from time to time. An arbitrator shall be a person legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim, controversy, or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
These Terms and Conditions and, where applicable, the specific terms of a Paid Services Agreement, constitute the entire agreement between Farming Smarter and you pertaining to your use of the Farming Smarter Site and Services and, except as specifically set forth herein, supersede any prior agreements between you and Farming Smarter relating to the Farming Smarter Site and Services. Farming Smarter may assign these Terms and Conditions, in whole or in part, at any time. Farming Smarter’s failure to insist upon, or enforce strict performance of, any right or provision of the Terms and Conditions shall not constitute, or be construed as, a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions, as amended from time to time, are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein, which shall remain in full force and effect, and shall be construed as if the invalid provision was omitted.
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