AgHub Terms of Service

Terms of Service

Data Stewardship

Grower Information Services Cooperative (“GiSC”) is a one-of-a-kind data cooperative founded by growers, for growers. As the representative of a community of growers who share a common interest in leveraging their farm operation data, GiSC is fundamentally committed to its grower-members “getting the most out of their data.” Out of respect for our grower-members as GiSC stakeholders, we will always strive to be transparent as to how GiSC operates and how the data you entrust to GiSC is used and managed by GiSC. The details and specifics in the Terms of Service below will reflect GiSC’s commitment as stewards of our grower-members’ data. That commitment can be summarized as:

1. Protecting Your 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.

2. Getting the Most Out of Your Data: GiSC’s value proposition to its grower-members is to create a growing network of agricultural production data sets that, in aggregate, are used to produce value back to the community of GiSC members, including: actionable insights and high-quality, state-of-the art data analytics. The analysis and insights produced from these aggregated data sets are one of the primary benefits offered to our grower-members. Any data you submit, and/or any data submitted on your behalf (and with your consent), to GiSC and its AgHub™ web-based application system may be included in one or more aggregated data set. If any such data is included in an aggregated data set, the data will first be “de-identified” (any and all Personally Identifiable Information will be removed) before incorporating the data into such aggregated data set(s).

Terms of Service – Introduction

This is an agreement (“Agreement”) between Grower Information Services Cooperative (“us”, “we”, “our”, “GiSC”), a cooperative marketing association that owns and controls the services (“the Services”, “our Services”), including the AgHub™ web-based application system (“the System”) and the AgHub™ website, and you (“you”, “your”, “user”). These Terms of Service, together with the Privacy Policy that is incorporated into these Terms of Service, are legally binding on both you and GiSC and govern your use of the Services, including any of the Services’ applications that may be available through third party application stores (such as app stores for Android and iOS mobile devices).

PLEASE READ BOTH THESE TERMS OF SERVICE AND THE PRIVACY POLICY CAREFULLY. BY ACCESSING, USING, OR SUBSCRIBING TO OUR SERVICES, INCLUDING AgHub™, YOU CONSENT TO GISC’S TERMS OF SERVICE AND PRIVACY POLICY IN THEIR ENTIRETY.

If you have any questions regarding these Terms of Service or the Privacy Policy, please contact us at info@gisc.coop.

Overview of the Services Offered

The Services offered include AgHub™. AgHub™ is an open platform for growers and the businesses and individuals that support those growers. It provides growers a simple and convenient way to capture data from a variety of devices and sources. The data collected is stored in a personal data account. GiSC makes it easy for growers to get the most out of their data by aggregating de-identified data stored in AgHub™ and applying data science to generate high-quality, actionable insights to you.

Please note GiSC retains the right to change the Services at any time. While we will typically notify you of any change in the Services as circumstances permit, we retain the right to make such changes without notice. This includes suspension or termination of components of our Services, updates or revisions to current components of our Services, and/or offering additional components to our Services.

As stated above, additional services may be added from time to time. If you choose to use those additional services, please be aware those additional services may be subject to additional terms. By accessing, using, or subscribing to those additional services, you consent to those additional terms in their entirety. If any provision in the additional terms conflicts with a provision in these Terms of Service, the provision in the additional terms will supersede the conflicting provision in these Terms of Service for the particular additional service(s) only.

Use of the Services

GiSC grants to you a limited, non-exclusive and non-transferable license to use our Services, including access to AgHub™ applications and content, for your benefit. This license is granted to you to use our Services for one or more of the following purposes: 1) a sole proprietor or agent of a production agriculture operation who intends to use our Services for purposes related to the production agriculture operation; or 2) an individual, business, or organization that provides goods or services to production agriculture operations and who intends to use our Services for purposes related to providing goods or services to production agriculture operations.

This grant is subject to these Terms of Service and the Privacy Policy. By accessing, using, or subscribing to our Services, you are accepting this license and agree to comply with the Terms of Service, including the following conditions:

Exclusive GiSC ownership of the Services and all GiSC intellectual property and marks

• You agree that you have NO ownership interest in our Services.
• You will NOT attempt to lease, rent, sell, or resell any of our Services.
• You are NOT a competitor of GiSC, nor are you aiding a competitor of GiSC by providing access to, or reporting on the functionality of, the Services.
• You will NOT attempt to replicate or reverse engineer any of the Services, including copying any of the software and/or source code.
• You will NOT attempt to access, copy, recreate, or use any of GiSC’s intellectual property, copyrights, trademarks, or service marks.

Responsible use of our Services by You the User

• You will NOT share your license with anyone, except with additional users who: 1) have an account under your license; 2) use our Services for the purpose(s) in which your license to use our Services is granted; and 3) consent to GiSC’s Terms of Service and Privacy Policy in their entirety.
• You will ONLY use our Services for the purpose(s) in which your license to use our Services is granted, and not for the benefit of any third party unrelated to the purpose(s) in which your license to use our Services is granted.
• You represent and warrant you are capable of making these Terms of Service and the Privacy Policy legally binding. If licensing and using our Services as an individual, you represent you are at least 18 years of age (if you are younger than 18 years old, you are not permitted to register an account or use the Services), and if you are licensing and using our Services as an agent of a legal entity, you warrant and represent that you have authority to bind the legal entity.
• You will use the Services in a manner that complies with all applicable laws you are subject to in your jurisdiction, including local, state, and federal laws.
• You will, to the best of your knowledge and capability, provide or transmit content that is true and accurate.
• You agree to the use of the content you provide as described in the Privacy Policy.
• You will NOT provide or transmit content that is inappropriate or objectionable, including, but not limited to, content that a reasonable person would deem: abusive, deceptive, defamatory, hostile, illegal, indecent, obscene, offensive, profane or threatening.
• You agree you are exclusively responsible for your use of our Services and agree to only use our Services as outlined in these Terms of Service.
• You will NOT attempt to disrupt, impede, or prevent us from delivering our Services to other users and/or licensees, nor will you attempt to alter our Services, GiSC’s websites, or GiSC’s systems. This includes but is not limited to: transmitting or uploading malicious software code (such as malware or computer viruses), manipulating search engine results, attempting to hack another user’s account, attempting unauthorized contact with another user (such as spamming or phishing).
• You will NOT use our Services to misuse, abuse, violate, infringe, or misappropriate any third party’s rights, including, but not limited to, intellectual property rights, copyrights, trademarks, service marks, ownership rights, privacy rights.
• You will not use our Services in a manner that violates the terms and conditions of any device, software, network, or Internet Service Provider (ISP) used to access our Services.
• You will NOT attempt to access another user’s account for any purpose, including transmitting content to another user’s account as the user.
• You will NOT attempt to collect, store, and/or distribute any user content without obtaining the express consent of both the user and GiSC via the information sharing protocols established in our Services. If no sharing consent is obtained, the transmission, transfer, or distribution of another’s content, including personal information, is strictly prohibited.

User Account

• You agree to register for an AgHub™ account before using our Services. To complete registration you may be asked for information such as your full name, name of legal entity (if registering as a legal entity), and e-mail address. Additional information, such as payment information or identification numbers, may be requested.
• You agree the information provided by you in the registration process is yours and is accurate and includes no misrepresentation(s) of your identity or authority.
• Upon completion of registering your account, you will be asked to create a username and password to access our Services. You agree you will take reasonable means to keep the username and password confidential.
• You agree you will NOT give access to your account to an unauthorized third party by providing your username and password to the third party or by other means.

PLEASE BE AWARE THAT FAILURE TO COMPLY WITH ANY OF THE ABOVE MENTIONED CONDITIONS, OR ASSISTING ANY THIRD PARTY IN A MANNER THAT LEADS, OR COULD LEAD, THE THIRD PARTY TO FAIL TO COMPLY WITH ANY OF THE ABOVE MENTIONED CONDITIONS, MAY LEAD TO EITHER THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AT GISC’S DISCRETION, WITH OR WITHOUT NOTICE TO YOU REGARDING THE SUSPENSION OR TERMINATION.

Third-Party Services

Third-Party Applications and/or Third-Party Content accessible through GiSC

As a component of the Services offered to you, GiSC may provide access to third-party applications or content, through GiSC’s Preferred Partner Network™. These 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. While GiSC will exercise diligence in regard to the third-party services offered through our platform (see the GiSC Membership Agreement: Paragraph 9. Provision of Services by GiSC), you acknowledge and agree GiSC does not own or control neither these third parties nor the services these third parties may offer.

You further acknowledge and agree GiSC is not responsible for any third-party service accessible through GiSC’s platform, regardless of whether that particular third-party service is accessed inside or outside GiSC’s platform and that your use of any third-party service will be governed by an agreement between the particular third-party and you. Please review all documents that govern the use of any third-party service before accessing or using the particular third-party service.

Third-Party Services Integrated as a Component of AgHub™

GiSC may, from time-to-time and as it sees fit, incorporate certain third-party services as integrated components of AgHub™ to enhance certain AgHub™ features. This includes any and all third-party service providers who provide product information contained and/or displayed in AgHub™ search results. Please note: inclusion of a product in a search result does not constitute GiSC’s and/or its third-party service provider’s endorsement of that product. It is your responsibility to review the official manufacturer product label information, applicable regulations, and otherwise research the accuracy, completeness and usefulness of all information, claims and opinions contained in these search results.

For additional terms related to Third-Party Services: Integrated as a Component of AgHub™, please see the following sections in this Terms of Service: Intellectual Property and Warranty Disclaimers, Damage Exclusions, & Liability Limitations.

Content Submitted

As you use our Services, you may from time-to-time submit data and information on your behalf to your personal data account. We consider this data Your Data. Additionally, another user of our Services may share data with you or submit data to your personal data account (on your behalf and with your consent). This is also considered Your Data.

Your Data (the data submitted to your personal data account, whether by you or, with your consent, on your behalf) belongs to you exclusively; you own it and have the right and ability to copy or transfer that data at any time. You grant GiSC an irrevocable, non-exclusive, non-transferable, royalty-free license to Your Data.

Your Data will contain, among other things, Personally Identifiable Information. GiSC’s access to and use of your Personally Identifiable Information is detailed in the Privacy Policy and is summarized in the section at the beginning of this agreement (the “Data Stewardship” section). GiSC will not share you Personally Identifiable Information with any third party without your explicit consent, unless compelled by court order or similar legal demand (Please see the Privacy Policy for full details).

GiSC may produce and store, separate from your personal data account, a de-identified (anonymized) version of Your Data. De-identifying data (sometimes also referred to as anonymizing data) is a process that removes any and all Personally Identifiable Information from a particular data set. Any and all de-identified data produced from Your Data will contain NO Personally Identifiable Information. As such, any and all de-identified data produced from Your Data is and will be considered Non-Personal Data. Additionally, any feedback GiSC may receive from you, either direct feedback (email submissions, phone calls, etc.) or indirect feedback (analysis of how you and other users use our Services) will also be considered Non-Personal Data. You agree GiSC exclusively owns all Non-Personal Data stored, created, or produced by our Services and may use that data for any lawful purpose as GiSC chooses (Please see the Privacy Policy for full details).

You are responsible for the content in your personal data account. If you choose to share any content in your personal data account, you alone are responsible for the accuracy of the information. You acknowledge and agree GiSC has no liability for any errors or omissions in the information you share with third parties. You may also from time-to-time submit data and information on behalf of another user (or users) and/or submit data and information to another user’s personal data account. You agree you will only make such submissions in accordance with the information sharing protocols established in our Services at the time and with the user’s consent. You further acknowledge and agree any data and information submitted on behalf of another user and/or submitted to another user’s personal data account may be used by that user for any lawful purpose and that user may copy, download, upload, transfer, and/or delete such submitted data.

In instances in which another user of our Services shares data with you or submits data to your personal data account (on your behalf and with your consent),you acknowledge and agree that the user who shared the information with you or the submitted the information to you is solely responsible for the accuracy of that information, and GiSC has no liability for any errors or omissions in that information.

GiSC reserves the right to refuse to store, display, or distribute any content submitted, and/or delete any content submitted, if the submitted content violates any portion of these Terms of Service or the Privacy Policy.

Payment and Billing

In addition to the Services available as part of your GiSC membership, GiSC may also offer one or more premium subscriptions that will include the services included with the basic subscription plus additional or enhanced services. These premium subscriptions will be paid subscriptions at various rates and are subject to change by GiSC. Additionally, GiSC may offer additional third-party services via the AgHub™ platform and the Preferred Partner Network™. Those services may also include a paid subscription fee.

All accounts that include paid subscriptions will need to submit payment information (credit card information). The credit card on file for the account will be charged automatically at the beginning of each billing cycle for the proceeding billing cycle. (For instance, if billing cycle is annual, credit card will be charged at the beginning of the billing year for the provision of services for that annual period). If your account has an unpaid balance for any reason, GiSC reserves the right to deny you access to your account until the unpaid balance is satisfied. If you choose to cancel your account, any unused services paid for will be refunded to you, as reasonable and determined by GiSC.

In the event GiSC is required to collect taxes associated with your account and/or subscription, those tax amounts will be added to your bill and collected with the subscription payment. If you, or your entity, is exempt from the tax collected, you will need to provide valid documentation of your tax-exempt status. Until such documentation is provided, the tax will be collected with payment.

Intellectual Property

You acknowledge and agree GiSC exclusively owns the Services, including AgHub™. All source code, domains, graphics, text, trademarks, service marks, logos, and designs related to, or incorporated in, the Services, including updates and improvements to the Services (together “the Services Components”), are exclusively owned by GiSC.

The rights to third-party services that are offered and accessible on the Services platform belong to the particular third-party that provides the third-party service. This includes any and all product information displayed in AgHub™ search results. The product information contained and/or displayed in AgHub™ search results are provided by CDMS, Inc. under a limited non-exclusive, revocable, nontransferable license, and may not be redistributed or used to develop a stand-alone database. Further, the search results may include materials covered by registered copyrights and trademarks. All rights not expressly granted herein are reserved by the intellectual property owners.

With the exception of users’ personally identifiable information, which is the exclusive property of the particular user, and third-party service provided content, which is owned by the particular third party, all content stored in, available on, or presented by the Services (together “the Services Content”) is exclusively owned by GiSC.

GiSC’s interest in and rights to the Services Components and the Services Content are protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that your access to and use of the Services do NOT grant you any rights, ownership or otherwise, in GiSC’s property interest in the Services, including GiSC’s intellectual property interest in the Services Components and the Services Content. You agree not to copy, use, distribute, transmit, or reproduce the Services, or in any other way infringe on GiSC’s interest in the Services, except as expressly described in these Terms of Service.

Warranty Disclaimers, Damage Exclusions, & 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 AND/OR SOFTWARE. GISC MAKES NO REPRESENTATION THAT THE SERVICES PROVIDED WILL BE SECURE, UNINTERUPPTED, OR FREE OF ERRORS ON ANY KIND. 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 RELATED TO, CONNECTED WITH, OR ARISING OUT OF THIS AGREEMENT OR USE OF THE SERVICES PROVIDED BY GISC SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU, IF ANY, DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST INSTANCE OR OCCURRENCE 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.

THIRD PARTY SERVICES

GISC AND ITS THIRD-PARTY SERVICE PROVIDERS MAKES NO REPRESENTATION OR WARRANTY FOR ANY THIRD-PARTY SERVICE, MATERIAL, OR CONTENT ASSOCIATED WITH OR AVAILABLE THROUGH THE SERVICES PROVIDED BY GISC. THIS INCLUDES ANY AND ALL PRODUCT INFORMATION DISPLAYED IN AGHUB™ SEARCH RESULTS. THE PRODUCT INFORMATION DISPLAYED IN THESE SEARCH RESULTS IS PROVIDED “AS IS,” WITHOUT WARRANTY EXPRESS OR IMPLIED, AND FOR INFORMATION PURPOSES ONLY. ALTHOUGH GISC AND ITS THIRD-PARTY SERVICE PROVIDER(S) ENDEAVOR TO PRESENT CURRENT AND ACCURATE INFORMATION, SEARCH RESULTS CONTAIN INFORMATION CREATED AND MAINTAINED BY A VARIETY OF EXTERNAL SOURCES THAT MAY NOT BE CURRENT OR COMPLETE. GISC AND/OR ITS THIRD-PARTY SERVICE PROVIDER(S), DO NOT CONTROL, MONITOR OR GUARANTEE THE TIMELINESS OR ACCURACY OF THE INFORMATION PROVIDED BY SUCH EXTERNAL SOURCES.

IN NO EVENT WILL GISC, ITS THIRD-PARTY SERVICE PROVIDERS, AND/OR DATA PROVIDERS OF SUCH THIRD-PARTY SERVICE(S) ASSOCIATED WITH OR AVAILABLE THROUGH THE SERVICES PROVIDED BY GISC, BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY PRODUCT INFORMATION DISPLAYED AND/OR CONTAINED IN THESE AGHUB™ SEARCH RESULTS, INCLUDING INFORMATION THAT IS OUTDATED OR INCORRECT.

IN NO EVENT SHALL THE LIABILITY OF ANY THIRD-PARTY SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO CDMS, INC., WHO PROVIDES ANY THIRD-PARTY SERVICE, MATERIAL, OR CONTENT ASSOCIATED WITH OR AVAILABLE THROUGH THE SERVICES PROVIDED BY GISC, INCLUDING ANY AND ALL SUCH THIRD-PARTY SERVICE PROVIDER(S)’S OFFICERS, DIRECTORS AND AGENTS, HEREUNDER EXCEED $100 IN THE AGGREGATE.

Indemnity

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 us by a third party related to, connected with, or arising from your use of our Services, including any data or content you submit, if that use of our Services in any way: (i) breaches, or is in violation of, these Terms of Service or the Privacy Policy; or (ii) violates such 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, including attorney(s) of our choice, court costs, judgments, settlements, and other disbursements. You agree to cover these fees, costs, and disbursements regardless of whether the claim is settled or is fully litigated.

Arbitration

You agree you will contact us by email regarding any claim or dispute you have related to, connected with, or arising from your use of our Services, these Terms of Service, and/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 a reasonable period of time, not to exceed ninety (90) days, you agree to have the claim resolved in binding arbitration. You acknowledge and agree each claim related to, connected with, or arising from your use of our Services, these Terms of Service, and/or the Privacy Policy must be brought in a separate binding arbitration proceeding and CANNOT be merged or joined with any other claim, including claims by any other party. 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.

Additional Terms

Force Majeure

You acknowledge and agree GiSC is not liable for failing to perform or deliver the Services under this Agreement as the result of any event beyond its control. Events beyond its control would include, among other things, events such as acts of God, acts of governments, terrorism, riots, civil unrest, communication failures or disruptions (including loss of internet access), and cyberattacks.

Entire Agreement

This Agreement constitutes the entire and exclusive agreement between the parties and supersedes all other written or oral agreements.

Severability

If a provision of this Agreement is 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 the Agreement will remain in force.

Waiver

The failure of either party to exercise or enforce any provision of this Agreement is NOT a waiver of the right to exercise or enforce the same provision, or any other provision of the Agreement, at any time in the future.

Cancellation & Termination

You may cancel your account and stop using our Services at any time. Please contact us at info@gisc.coop to notify us regarding your cancellation. Your personally identifiable information will be deleted and removed from our system within a period of time not to exceed sixty (60) days. If you would like a copy of the data and information contained in your personal data account, please, within 72 hours of cancellation, either transfer a copy of that data or request we deliver you the data in an electronic format (processing and delivery fee may apply).

Your access and use of the Services may be terminated if we reasonably believe you have breached these Terms of Service. We will attempt to notify you of such action and allow you to reply under most circumstances but retain the right to terminate your account without notice. Upon termination of your account, you will be prohibited from accessing our Services and we will take necessary steps to prevent your unauthorized access.

Please be aware the following provisions of these Terms of Service shall survive the cancellation or termination of your account and this Agreement:

• Warranty Disclaimers, Damage Exclusions, & Liability Limitations
• Indemnity
• Arbitration

Assignment

GiSC may freely transfer or assign its rights or obligations under this Agreement. You may not transfer or assign your rights and obligations under these Terms of Service without our express written consent.

Law & Forum

All matters related to, connected with, or arising from this Agreement 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 of Service, 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.

Amendments

We reserve the right to change these Terms of Service or the Privacy Policy at any time. If a change is made to either these Terms of Service or the Privacy Policy, you will be notified. Your continued access and use of the Services after the change will constitute your consent to the amended Terms of Service and/or Privacy Policy. If you do not consent to the amended Terms of Service and/or Privacy Policy, please discontinue your use of the Services.

Share This