Effective starting: Sep 18, 2019
By using the Cropstream application and associated website(s), products, and services, including premium services offered by Cropstream, LLC (collectively “Cropstream”), you agree to these Terms of Service (“Terms”).
“The Company” and “Company”means Cropstream, LLC.
“You” and “your” refers to the person or entity that signs up to use Cropstream. If the user is a corporation, company, partnership, or other entity, the person signing up for Cropstream represents that they are authorized to do so on behalf of such entity.
“Cropstream Data” collectively refers to “Ag Data,” “Custom Data” and “Related Data”.
"Content" collectively refers to text, graphics, photos, sounds, music, videos, software, scripts, interactive features and other materials you may view on, access through or contribute to Cropstream or the Services, including but not limited to Cropstream Data.
You are fully responsible for the Cropstream Data you transfer, share, upload, download while using Cropstream. You may not intentionally or negligently upload Cropstream Data that is false or misleading. You certify that you are the owner of any Cropstream Data uploaded to Cropstream, or that you are licensed or authorized by the owner of the Cropstream Data. You may not upload viruses, spyware, or other malicious software to Cropstream. You assume full responsibility for any damage caused to the Company, the Company’s agents, or other Cropstream users if you or someone using your account violates this provision.
Your use of Cropstream must be lawful at all times. You and the users of your Cropstream account must be at least 13 years of age or older. Any user of your account must be authorized by you. You are responsible for all users of your account.
How you use, share, and transfer your Cropstream Data shall be governed by Cropstream’s Data Sharing Agreement.
When you create an Cropstream account, you will create a unique ID and authenticate your account using an authentication code or password. Other users of Cropstream with whom you intend to share your Cropstream Data must create their own Cropstream account in order to gain access to your Cropstream Data or other information.
The Company will offer various services through Cropstream (“Services”) which may require your acceptance of additional terms. These Services may be changed, suspended, or be discontinued from time to time. The Company may periodically conduct maintenance or improvements on Cropstream that may interrupt the Services offered or your access to Cropstream. The Company will use reasonable efforts to ensure that any interruption in Services is minimized to the user.
Some of the Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, the Company gives you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, the Company will make that license available to you and the provisions of that license may expressly override some of these Terms. The Company reserves all other rights to the Software. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
Cropstream sometimes releases product and features that are still being tested and evaluated. Those Software and Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Cropstream’s other offerings. You should act accordingly.
The Company grants you permission to access and to use Cropstream and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
Certain services provided by Cropstream shall be at no cost to you. Other services shall require payment. As applicable, you agree to pay for the services offered by Cropstream upon the terms and at the amount specified. Payment shall be completed via credit card or other immediately available funds. The Company utilizes third party payment processing vendors who have additional terms and conditions applicable to payments made by you. The Company is not responsible for any errors or omissions caused by such third party vendors. Additionally, you may be charged sales tax 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 a third party, the Company may suspend or terminate your access to Cropstream.
These Terms do not grant you any right, title, or interest in the name Cropstream or the Services developed for Cropstream. Cropstream, Services and other technology provided by Cropstream may be protected by copyright, trademark, patent, and other state and federal laws of the United States. “Cropstream”, “Cropcard”, and associated logos are registered trademarks owned by the Company. These Terms do not grant you any rights to Service or register the names Cropstream, Cropcard, or any other trademarks, service marks, trade names, logos, domain names, or brand features associated with the Services, including those marks used by the Services belonging to others (the “Proprietary Designations”) or any trademark, service mark, trade name, logo, domain name or brand feature that is identical or confusingly similar to the Proprietary Designations, or that constitutes a translation thereof into any other language. You agree to pay the Company any attorney's fees incurred by the Company in enforcing this provision.
The Company reserves the right to suspend or terminate your Cropstream account at any time, without cause, without notice and without liability to you. The Company may suspend or terminate your account if you are not complying with these Terms, or using Cropstream in any way that would cause the Company legal liability or disrupt others’ use of the Services. All indemnity and liability provisions in these Terms survive termination.
All users of Cropstream and Services must agree to and abide by the following disclaimer.
Your use of Cropstream and Services constitutes your agreement to all of the following terms and conditions, which terms and conditions are subject to change without notice. If you do not agree with these terms and conditions, your sole remedy is to discontinue your use of Cropstream and Services.
CROPSTREAM AND SERVICES, AND ALL RELATED DATA, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CROPSTREAM DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND REGARDING CROPSTREAM AND SERVICES, THE CONTENT, ACCURACY, CURRENCY, OR COMPLETENESS THEREOF, OR CONCERNING THE RESULTS TO BE OBTAINED FROM QUERIES OR USE OF CROPSTREAM AND SERVICES. CROPSTREAM AND THE COMPANY HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH RESPECT TO CROPSTREAM AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. The Company does not warrant and expressly disclaims that use of Cropstream will reduce risk or increase efficiency or profitability of your business. Cropstream is a tool designed to assist you with communication and efficiency, but you should not rely on Cropstream as the sole basis for managing your business.
Cropstream is not an advisory service and is not providing crop production advice of any kind, including but not limited to advice on what agricultural products to use, why to use them, where to use them, when to use them, or how to use them. Cropstream may include technical or other mistakes or inaccuracies. Cropstream and Cropstream Data may also include inaccurate information, including but not limited to inaccurate information pertaining to individuals, organizations, fields, crops, seed hybrids and varieties, traits, crop inputs, agricultural production activities, and communication.
You are responsible for ensuring the accuracy, currency and other qualities of all information (including, but not limited to, maps, reports, displays and analysis) produced from or in connection with Cropstream and Services, and you assume all risks associated therewith. Furthermore, you are responsible for following all federal, state and local laws and regulations regarding the use of crop inputs, including any state or local laws or regulations that may address the use of Cropstream and Services. You acknowledge and agree that any data and related materials and information you provide has been voluntarily provided, regardless of whether such materials may otherwise be considered private or confidential information.
The Company shall have no liability to user for any such mistakes or inaccuracies. If you believe the information contained in the services is inaccurate, please notify the Company at your earliest convenience.
Except as provided herein, no user, producer or applicator shall have any remedy against Cropstream or the Company if the data provided on or omitted from Cropstream and Services is defective in any way, including but not limited to the recovery of consequential, incidental or indirect damages, punitive damages, lost profits, lost opportunities or any other damages claimed to be suffered by such person or any other person as a result of the use, misuse or failure to use Cropstream and Services. Furthermore, Cropstream and the Company will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defects in Cropstream and Services, or for any incompatibility between Cropstream and Services and your Internet browser or other website accessing program, nor will Cropstream and the Company be liable for any other problems you experience due to causes beyond their control.
You agree to indemnify, defend, and hold harmless the Company, including its employees, agents, officers, developers, and licensors, from any damages, costs, claims, injuries, and liabilities (including attorneys’ fees) arising from your individual use and your organization’s use of Cropstream or the Services. You also agree that this provision shall apply if another person causes damages, costs, claims, injuries, or liability using your Cropstream account, with or without your knowledge. In no event shall the Company be liable for any consequential, incidental, special, indirect or punitive damages arising from your use of Cropstream or the Services (including without limitation, damages for loss of business or good will, work stoppage, off-target or misapplication of crop protection products, loss of information or data, loss of revenue or profit or computer failure), unless such damages arise from the gross negligence or willful conduct of the Company.
The total liability of the Company for any and all claims arising out of your use of Cropstream, or the Services will not exceed the amounts actually paid by you.
In the event of a system failure or interruption, including, but not limited to, an act of God, hardware/software failure or a system overload, Cropstream and Services data may be lost or destroyed. Any results obtained from completed or in-process queries of Cropstream and Services before a system failure or interruption should be verified by you to ensure the accuracy and completeness of such results. You assume the risk of loss of your results during any system failure or interruption, as well as the responsibility to verify the accuracy and completeness of any results so affected.
The Company may revise these Terms from time to time. The Company will notify you, when you log into Cropstream, or by another means when these Terms are revised. By continuing to use the Services after revisions become effective, you agree to be bound by any revised Terms.
The Terms are governed by South Dakota law. Any suit naming the Company (including any affiliated company or brand, owners, employees, attorneys, or agents) as a party involving these Terms must be filed in the South Dakota state courts, or federal district court located in Sioux Falls, South Dakota, and you consent to venue and jurisdiction there. These Terms create no third party beneficiary rights. The Company’s failure to enforce any provision in these Terms is not a waiver of the right to do so at a later date. If any provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect. You may not assign any of your rights in these Terms. The Company may assign its rights without your consent. These Terms do not create a partnership or agency relationship between you and the Company.