AgHub Terms of Service

Terms of Service

 

GiSC’s Data Stewardship Commitment

 

Grower Information Services Cooperative (“GiSC”) is a one-of-a-kind data cooperative founded by growers, for growers. The Terms of Service below reflect GiSC’s commitment to be stewards of its members’ Ag Data. That commitment can be summed up in three principles:

 

  • Protecting Members’ Privacy: GiSC takes your privacy seriously. Personally Identifiable Information (information that identifies you, i.e. name, phone number, email address, etc.) will only be used by GiSC to provide the products and services offered by GiSC. This includes provisioning your AgHub™ web-based application system, securely storing the Personally Identifiable Information associated with your AgHub™ account, communicating with you, and providing technical support to you.
  • Getting the Most of Out of Ag Data for Members: GiSC’s value proposition is to create a growing network of agricultural production data sets that, in aggregate, produce value for the community of GiSC members. This means providing actionable insights and high-quality, state-of-the art data analytics.
  • Transparency: GiSC is committed to transparency regarding the treatment and use of its members’ Ag Data. GiSC has created an Ag Data Use Agreement that defines “Ag Data” and governs its collection, storage, use, and sharing. GiSC was a leader in developing the Ag Data Transparent standard and is committed to spreading transparency throughout the industry.

 

Terms of Service

 

These Terms of Service (“Terms”) are an agreement between GiSC, a farmer-member cooperative association, and you, a user of the GiSC website and the Services defined below. These Terms apply to all users of the Services, including GiSC members and non-members. By using the Services, you agree to these Terms and GiSC’s Privacy Policy, which governs collection and personal information. If you are member of GiSC, you also agree to GiSC’s Membership Agreement and GiSC’s Ag Data Use Agreement, which govern collection and use of members’ Ag Data (as defined in that agreement). If you do not agree with these Terms, cease using the Services.   

 

  1. GiSC’s Services. GiSC owns and operates the AgHub™ website (“Website”) and associated software that provides you various online tools, integrations, and services for collecting, managing, and using your Ag Data (“Services”).  The Website is available to all visitors. The Services are only provided to members of GiSC. As long as you are a member of GiSC in good standing, you may access the Services. Your use of the Website and the Services must be lawful at all times. You must be at least 18 years of age or older.

 

  1. Ag Data Collection. You grant to GiSC a nonexclusive, royalty-free, right to use, store, transmit, and display your Ag Data as necessary to perform the Services. GiSC’s rights to access your Ag Data are strictly limited by GiSC’s Ag Data Use Agreement. You are responsible for the Ag Data you transfer, share, upload, download while using the Services. You may not upload viruses, spyware, or other malicious software to the Services. You assume full responsibility for any damage caused to GiSC or other users of the Services if you or someone using your account violates this provision. 

 

  1. Availability of Services. GiSC will use commercially reasonable efforts to make the Services available 24 hours per day, 7 days per week. GiSC may schedule maintenance and down time when the Website or Services are unavailable. Down time may also occur due to emergencies or causes beyond the control of or that were not reasonably foreseeable by GiSC, including interruption or failure of telecommunications carriers or digital transmission links, network attacks, network congestion, DDOS or other attacks, intrusion, or other failures as well as Acts of God (“Force Majeure Events”). GiSC is not liable to you for any damage or injury caused due to scheduled maintenance or Force Majeure Events.

 

  1. Authorized Users. Only members of GiSC are authorized to use the Services. Every person accessing the Services must have a unique log-in and password. If a member is a corporation, limited liability company, association, or other legal entity, the member shall have a single account and log-in. You should safeguard your log-in and password information. You are responsible for the acts of all persons who use your log-in and password.

 

  1. Your Use Obligations. GiSC grants you access to the Website and Services (if you are member) only for your own use and under the following conditions:

 

  • 5.1. You shall not (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or Services.
  • 5.2. You shall not use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Services in a manner that sends more request messages to the GiSC servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser.
  • 5.3. You shall not copy, distribute, transmit, display, sell, license, or otherwise exploit any aggregated ag data obtained from GiSC for any purpose except for use by your farm to make agronomic, accounting, and regulatory compliance decisions.
  • 5.4. You shall not (or attempt to) access any non-aggregated ag data of other GiSC members, unless other members’ provide you access or permission.
  • 5.5. You shall not resell or lease any portion of the Services.

Nothing in these restrictions shall limit your ability to access Ag Data from another lawful source, such as another ag data platform to which you are a subscriber, provided that source has integrated into the Services by permission. 

 

  1. Trademarks and Intellectual Property. The Website and Services provided by GiSC may be protected by copyright, trademark, patent, and other state and federal laws of the United States. These Terms do not grant you any rights to any trademarks, service marks, trade names, logos, domain names, or brand features associated with GiSC, including those marks used by the GiSC belonging to others or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar. You agree not to infringe on the intellectual property rights of GiSC, any member, or a third-party service provider of GiSC. You agree to pay Teralytic any attorneys’ fees incurred by Teralytic in enforcing this provision.

 

  1. Third Party Services. GiSC may provide access to third-party integrations or content through GiSC’s Website (“Third-Party Services”). Third-Party Services may be accessed directly through our Services or may be accessed outside of our Services through some means such as a web link to a third party’s website. GiSC is not responsible for loss, changes, or damage to your Ag Data as result of your use of Third-Party Services. Your use of any Third-Party Service will be governed by an agreement between you and the particular third-party service provider. Third-Party Services may require additional payments from you. Third-Party Services includes “Integrations” and other organizations as explained in GiSC’s Ag Data Use Agreement.

 

  1. Payment Obligations. You agree to pay for the Services offered by GiSC under the terms and at the amount specified. Payment shall be completed via credit card or other immediately available funds. GiSC utilizes third party payment processing vendors who have additional terms and conditions applicable to payments made by you. GiSC is not responsible for any errors or omissions caused by such third-party vendors. Additionally, you may be charged sales or other applicable taxes based on the bill-to address and the tax rate in effect at the time your purchase is completed. If your payment is declined or refused by GiSC’s third party vendor, GiSC may suspend or terminate your access to the Services. A farm cooperative or similar membership association (“Association”) may provide GiSC’s Services to their members as a member benefit and pay for the Services for the Association’s members. In these instances, you will have no separate payment obligation, unless you purchase Services beyond what is covered by the Association.

 

  1. Warranty Disclaimers & Liability Limitations

ALL SERVICES PROVIDED BY GISC ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS-AVAILABLE”. GISC MAKES NO REPRESENTATION THAT THE SERVICES PROVIDED WILL SATISFY YOUR REQUIREMENTS OR OPERATE ON YOUR HARDWARE OR SOFTWARE. THE SERVICES PROVIDED BY GISC ARE WITHOUT ANY WARRANTY. GISC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MERCHANTABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

GISC AND ITS OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE OR UNDER ANY LEGAL THEORY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS, LOST SALES, BUSINESS INTERRUPTION, OR ANY OTHER LOSS, RELATED TO, CONNECTED WITH, OR ARISING OUT OF THE USE OF THE SERVICES PROVIDED BY GISC.

 

THE AGGREGATE LIABILITY OF GISC ARISING OUT OF USE OF THE SERVICES PROVIDED BY GISC SHALL NOT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU, IF ANY, DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST INSTANCE THAT GAVE RISE TO THE LIABILTY.

 

IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES, GISC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS ABOVE SHALL ALSO APPLY TO ANY THIRD-PARTY SERVICES ACCESSED THROUGH OR MADE A PART OF GISC’S SERVICES.

 

  1. You agree to defend and indemnify GiSC and its owners, directors, managers, employees, agents, and affiliates against any and all claims, demands, suits or other legal proceedings brought against GiSC by a third party related to, connected with, or arising from your use of our Services that: (i) breaches, or is in violation of, these Terms of Service, Ag Data Use Agreement, or the Privacy Policy; or (ii) violates a third party’s intellectual property, copyright, or privacy rights. You agree this indemnity includes a duty to defend that requires you to pay for reasonable attorneys’ fees of attorneys of GiSC’s choosing.

 

  1. You agree you will contact us by email regarding any claim or dispute you have arising from your use of our Services, these Terms of Service, Ag Data Use Agreement, or the Privacy Policy. You will contact us at info@gisc.coop and provide your name, username, email address (for ongoing correspondence), and a description of your dispute.

 

If we are unable to resolve the dispute to your satisfaction within ninety (90) days, you agree to submit your claim to binding arbitration. Your claim cannot be joined with claims from other users of GiSC’s services. The binding arbitration proceeding will be administered by the American Arbitration Association and will take place in Lubbock, Texas. You consent to the judgment rendered by the arbitrator as binding and final and irrevocably waive your right to adjudicate the claim in any other court or forum.

 

  1. You may terminate your account and stop using our Services at any time. Please contact us at info@gisc.coop to notify us of your termination. If your membership in GiSC ends, your account will be terminated. GiSC may terminate your account and use of the Services if you breach these Terms or attempt to use the Services for any use that is harmful to GiSC or its members. The Warranty Disclaimers & Liability Limitations, Arbitration, and Indemnity provisions shall survive any termination. Upon termination, your Ag Data will be deleted according to GiSC’s Ag Data Use Agreement.

 

  1. Additional Legal Terms
    • 13.1. Entire Agreement. These Terms constitute the entire and exclusive agreement between the parties and supersedes all other written or oral agreements.
    • 13.2. Severability. If a provision in these Terms are found to be invalid or unenforceable, in part or in whole, that provision will be enforced to the maximum extent possible and all other provisions of these Terms will remain in force.
    • 13.3 Waiver. The failure of either party to exercise or enforce any provision of these Terms are NOT a waiver of the right to exercise or enforce the same provision, or any other provision of these Terms, at any time in the future.
    • 13.4. Assignment GiSC may assign its rights or obligations under these Terms. You may not assign your rights and obligations under these Terms without GiSC’s consent.
    • 13.5. Law & Forum. All matters arising from these Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Notwithstanding the Arbitration provision of these Terms, the parties hereby submit to the jurisdiction of the state courts in Lubbock, Texas and the federal courts of the Northern District of Texas. The parties agree that venue is proper in those courts.
    • 13.6. Ammendments GiSC may modify these Terms at any time. Following a change to these Terms, you will be notified by email or upon logging into the Services. Your continued access and use of the Services after the change will constitute your consent to the amended Terms. If you do not consent to the amended Terms, please discontinue your use of the Services.

 

  1. Any inquiries regarding these Terms should be sent to info@gisc.coop.

 

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