IntelliFarms Services Terms of Use and Privacy Policy

This Terms of Use and Privacy Policy and Terms of Use (“Policy”) applies to all users of the IntelliFarms Platform website found at https://my.intellifarms.com (the “Site”). In addition, this Policy applies to all users of the YieldFax, Biologicals, FieldDataManager, BinManager, PecanManager, PeanutManager, MarketManager, and CashBidManager services provided through this Site (the “Service”). Use of the Site or Services will be collectively referred to as use of the “IntelliFarms Services”.

** This Policy is a binding legal contract between IntelliFarms LLC ("IntelliFarms") and you.

This Terms of Use and Privacy Policy was updated on March 31, 2016.


Legally Binding Agreement and Eligibility.

Please read this Policy carefully before using the IntelliFarms Services. This Policy applies to you as a user of the Site. By clicking the "I ACCEPT" button, you acknowledge that you understand and agree to be bound by the terms of this Policy. If you do not agree to this Policy, click "I DO NOT ACCEPT" and exit the Site. You do not need to register for the Service to use the Site, but your use of the Site and the Service is always subject to this Policy. By clicking "I ACCEPT" or otherwise using the Site or the Services, you agree to be bound by this Policy. If you do not agree to this Policy, you may not use the IntelliFarms Services. You agree that your use of the IntelliFarms Services will be subject to the most current version of this Policy at the time of such use. Only users who are at least 18 years of age and register for the Service may use the Service.


Exclusive to the Site and the Services.

This Policy applies to information obtained and collected by IntelliFarms in connection with the Site. IntelliFarms or its affiliated companies may have other terms of use and privacy policies which govern the information collected via other web sites operated by IntelliFarms. This Policy applies only to the IntelliFarms Services. Some third party web sites or other such resources may be linked to or embedded in the Site (“Affiliate Sites”). In addition, certain third parties and Affiliate Sites may provide portions of the IntelliFarms Services for IntelliFarms. These Affiliate Sites may have their own terms of use and privacy policies, which IntelliFarms does not control and are not addressed by this Policy. IntelliFarms does not monitor, endorse or guarantee, and assumes no responsibility for, Affiliate Sites or any transactions or information you may undertake or receive from Affiliate Sites. INTELLIFARMS HAS NO CONTROL OVER AFFILIATE SITES OR THE CONTENT, TRANSACTIONS OR SERVICES WITHIN THEM. INTELLIFARMS CANNOT AND DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE CONTENT CONTAINED IN THE AFFILIATE SITES, INCLUDING, WITHOUT LIMITATION OTHER LINKS, IS ACCURATE, LEGAL, OR INOFFENSIVE. INTELLIFARMS HAS NO LIABILITY FOR ANY AFFILIATE SITES’ FAILURE TO PERFORM OR ANY ERRORS IN OR OMISSIONS REGARDING ANY INFORMATION WITHIN AFFILIATE SITES. INTELLIFARMS DOES NOT REPRESENT OR WARRANT THAT AN AFFILIATE SITE WILL NOT CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL CODE THAT COULD IMPACT YOUR COMPUTER OR OTHER DEVICE. INTELLIFARMS DISCLAIMS ANY AND ALL LIABILITY FOR, OR IN CONNECTION WITH, ANY TRANSACTION OR ACTIVITY RELATED TO AFFILIATE SITES. If you have a specific dispute or concern related to the content, product, or services that needs to be addressed by an Affiliate Site, you should contact the Affiliate Site and not IntelliFarms.


Acceptable Use.

You may not use the IntelliFarms Services for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the IntelliFarms Services. Examples of prohibited uses include, without limitation: (a) violation of any proprietary, publicity, privacy, or other right; (b) disclosure of confidential or proprietary information without proper authorization; (c) downloading or otherwise exporting programs or content from the site in violation of U.S. export laws or intellectual property laws; and (d) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity. Further, you hereby certify that you will not use the Services to facilitate grain storage for replanting in violation of any contractual agreement or legal right. In addition, you agree not to attempt to damage, deny service to, hack, crack, scrape, data mine, reverse-engineer, disrupt, attack, flood, spam or otherwise interfere in any way (collectively, "Interfere") with the operation of the IntelliFarms Services or related information systems. If you in any way Interfere with the Site or the operation of the IntelliFarms Services, you agree to pay all damages incurred by IntelliFarms or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the IntelliFarms Services is a material breach of this Policy and relieves IntelliFarms of any of its contractual or other legal obligations to you, including its obligations (including its confidentiality obligations) under this Policy or any user agreement between you and IntelliFarms. IntelliFarms will cooperate with the authorities in prosecuting anyone who Interferes with the IntelliFarms Services, attempts to defraud any person through the utilization of the IntelliFarms Services or the information obtained related to the IntelliFarms Services. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.


Down Time.

IntelliFarms takes commercially reasonable measures so that the IntelliFarms Services are available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the IntelliFarms Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will IntelliFarms be liable to any party for any loss, cost or damage that results from any period of down time of the IntelliFarms Services.


Information and Privacy.

IntelliFarms recognizes the importance of protecting the privacy of IntelliFarms users and wishes to provide efficient and relevant information to users of the IntelliFarms Services. In order to serve our customers, IntelliFarms collects and analyzes information provided by you when using the Site Service.

REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE INTELLIFARMS SERVICES WILL BE UTILIZED BY INTELLIFARMS AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE INTELLIFARMS SERVICES (E.G., THIRD PARTY PROVIDERS OF PORTIONS OF THE INTELLIFARMS SERVICES). YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE.

What Information is Collected

IntelliFarms collects and analyze information obtained from users of the IntelliFarms Services. This information includes, but is not limited to the following:

Personally Identifiable Information

By electing to become a registered user of the Service, you may provide personally identifiable information to IntelliFarms. “Personally identifiable information” is information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. IntelliFarms collects such personally identifiable information in order to provide the IntelliFarms Services to you.

Aggregate or Demographic Information

IntelliFarms collects and analyzes aggregate information assembled from data collected via the Site and IntelliFarms Services. Aggregate information is collected in order to better understand the demographics, grain and crop conditions, and usage patterns of all users of the IntelliFarms Services, so that IntelliFarms can provide the highest level of service to our customers. Aggregate information is not generally personally identifiable or linked to a specific user. Aggregate information may include field and weather data for a geographic area, such as but not limited to, temperature, humidity, rainfall, growing degree units (GDU), crop maturity prediction, optimal harvest times, irrigation data, yield data, soil probe data, and data regarding other growing conditions and outcomes, as well as other data regarding grain bin management and commodity behavior, such as but not limited to, commodity moisture content, in-bin temperature and humidity, ambient temperature and humidity, storage time, and conditioning equipment usage, as collected from IntelliFarms Services users or other third party sources.

IP Addresses and Cookies

IntelliFarms servers may automatically collect certain technical information about your use of the IntelliFarms Services. This may include collecting and logging IP addresses. IntelliFarms may collect IP addresses for system administration, security and statistical analysis. An IP address is a number that is assigned to a computer whenever it is communicating over the Internet. IntelliFarms and its internet service provider may log these IP addresses and analyze them to understand where requests originate. In addition, IntelliFarms may use a feature of your web browser called a “cookie” to assign an identification number that automatically identifies your computer when you visit the Site. In connection with the IntelliFarms Services, cookies may be used to store your username, password and viewing options, allowing you to log into the Site more conveniently. This analysis enables IntelliFarms to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling IntelliFarms to enhance its users’ online experience.

What Organization Is Collecting the Information

IntelliFarms owns and operates the Site and is the company that collects the personal information, and its contact information is as follows:

  • Address:
  • 302 South Main Street
  • Archie, Missouri 64725

  • Phone:
  • (855) 678-6971

  • Email:
  • support@intellifarms.com

Comments, suggestions or materials sent or transmitted to IntelliFarms will be deemed to be non-confidential and not subject to any restrictions. IntelliFarms has no obligation of any kind with respect to such comments, suggestions or materials and is free to use and distribute them to others without limitation, including, but not limited to developing and marketing products incorporating them.

How the Information Is Used and Disclosed to Third Parties

IntelliFarms may use your personally identifiable or aggregate information when performing certain aspects of the IntelliFarms Services. For example, IntelliFarms may use your email address in order to notify you when an update to the IntelliFarms Services becomes available. IntelliFarms may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, IntelliFarms may disclose personally identifiable information as a necessary component of providing the IntelliFarms Services and associated administrative functions. In some cases, IntelliFarms uses your personally identifiable information to provide information to you, such as to send newsletters or to personalize the IntelliFarms Services. Further, IntelliFarms may use aggregate information based on your and other user’s use of IntelliFarms Services to perform such functions as disclosing general and specific growing condition data, grain conditioning data, yield data, or price data.

IntelliFarms may use your information to offer the Services and operate the Site as well as sell and deliver advertising.

Disclosure to Third Parties

On occasion, IntelliFarms may provide aggregated or demographic information to third parties. In certain circumstances, IntelliFarms may share your personally identifiable information with third parties who provide services to IntelliFarms in order to enable the IntelliFarms Services or to enhance the functionality available to you on the Site or to provide you with new products and services.

Notwithstanding anything to the contrary set forth herein, in connection with an assignment, sale, combination, merger, acquisition, joint venture or other transfer or disposition of some or all of the assets of IntelliFarms, or its affiliated entities, you agree that IntelliFarms can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to IntelliFarms to those third parties directly involved in the transfer or disposition of such assets.

Privacy Protections for Children

No part of the IntelliFarms Services are designed or directed to children. To be eligible to register for the Service you must be at least 18 years of age. Therefore, IntelliFarms does not knowingly collect personally identifiable information from any minor or other person under age 13 and thus is not subject to the Children’s Online Privacy Protection Act.

Opt-Out

If you object to the disclosure or use of your personal information by IntelliFarms you may contact IntelliFarms at the contact information provided in this section. However, you acknowledge that if you do not allow IntelliFarms to utilize your information, then IntelliFarms may not be able to provide certain information and services to you.


User Credentials.

When registering for the Service, you will be provided with a username and password, and you will provide other personally identifiable information. You agree that you will protect and not share your username or password with any third parties or use your username or password for any unauthorized purpose. If you lose control of either your username or password, you may lose control over your sensitive information utilized in the IntelliFarms Services and you agree that IntelliFarms will not be responsible. In addition, you agree that you are responsible for all actions and transactions taken under your username and password. If you believe that your username or password has been stolen or otherwise compromised, immediately contact IntelliFarms Customer Support.


Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SERVICE IS PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. INTELLIFARMS DOES NOT WARRANT THAT THE INTELLIFARMS SERVICES CONTAIN ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON THE INFORMATION PROVIDED TO YOU THROUGH THE INTELLIFARMS SERVICES IN MAKING YOUR BUSINESS DECISIONS. INTELLIFARMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SEED OR OTHER PRODUCT YOU SELECT WILL MEET OR EXCEED ANY QUALITY OR OTHER PARAMETERS PROVIDED TO YOU THROUGH THE INTELLIFARMS SERVICES, INCLUDING BUT NOT LIMITED TO, PEST RESISTANCE, WEATHER RESISTANCE, DROUGHT RESISTANCE, MATURITY, IRRIGATION NEEDS, HERBICIDE RESISTANCE, HARDINESS, SOIL TYPE, AND YIELD. INTELLIFARMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, WRITTEN, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.


Limitation of Liability

YOUR USE OF THE INTELLIFARMS SERVICES AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. INTELLIFARMS WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE INTELLIFARMS SERVICES, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE INTELLIFARMS SERVICES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF INTELLIFARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST INTELLIFARMS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE INTELLIFARMS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.


Changes to Policy.

IntelliFarms may change this Policy from time to time. By continuing to use the Site or the Service after IntelliFarms posts any such changes, you accept the Policy, as modified. You can always find the current version of this Policy by checking https://my.intellifarms.com/legal.


Copyright

IntelliFarms retains all rights with respect to the IntelliFarms Services. All content included or available in connection with the IntelliFarms Services, including trade names or marks, service names or marks, text, graphics, interfaces, code, information, databases, technology (collectively the “Content”) and the selection and arrangement thereof, are the sole and exclusive property of IntelliFarms or its licensors. However, you are free to view, copy, print and distribute the Content as long as: The Content is used for information purposes only; The Content is used only within your business organization; and Copies of the Content include all applicable copyright notices. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of IntelliFarms or any third party. THE CONTENT RELATED TO THE INTELLIFARMS SERVICES IS THE PROPRIETARY PROPERTY OF INTELLIFARMS, OR ITS LICENSORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, YOU AGREE NOT TO DUPLICATE, TRANSLATE, PUBLISH, DISTRIBUTE, MODIFY, EXTRACT DATA FROM, OR OTHERWISE EXPLOIT ANY OF THE CONTENT. YOU AGREE NOT TO FRAME, OR ASSIST THIRD PARTIES IN FRAMING OR LINK INTO ANY OF THE WEB PAGES CONTAINED ON THE SITE. FRAMING AND LINKING IS STRICTLY PROHIBITED UNDER THIS POLICY. All Content is: Copyright © 2018 IntelliFarms LLC or its licensors. All rights reserved. IntelliFarms respects the intellectual property of others, and IntelliFarms asks you to do the same. If you believe some Content on the IntelliFarms Services has been copied in such as way to constitute copyright infringement, please contact IntelliFarms.


Trademarks

The IntelliFarms trade name and the IntelliFarms logo are trademarks of IntelliFarms. The IntelliFarms logos and trademarks that appear throughout the Site belong to IntelliFarms, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of IntelliFarms, you agree not to display or use the IntelliFarms trademarks in any manner. Nothing on the IntelliFarms Services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of IntelliFarms, its affiliates or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed in connection with the IntelliFarms Services may be the trademarks of their respective owners.


Remedies and Corrective Action.

IntelliFarms reserves the right to take any or all action it may deem appropriate in its sole discretion with respect to violations or enforcement of the terms of this Policy, and expressly reserves all rights and remedies available to IntelliFarms at law or in equity. Subject to IntelliFarms’s obligations under a user agreement, IntelliFarms reserves the right to prevent access to the IntelliFarms Services to you or any other user for any reason, at any time, at IntelliFarms's reasonable discretion.


Governing Law.

This Policy shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the State of Missouri, USA, without giving effect to its conflict of law provisions or your actual state of residence. You hereby agree that the courts located in Jackson County, Missouri, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Policy and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts.


Severability and Waiver.

If any provision of this Policy is held to be invalid or unenforceable, it shall be amended so that it is enforceable to the maximum extent allowed under applicable law and the remaining provisions shall be enforced. IntelliFarms’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.


Indemnification

You acknowledge that IntelliFarms does not endorse, or act in a representative capacity and is not responsible or liable for or on behalf of you, any Affiliate Site, other user or other third party. To the maximum extent allowed by applicable law, you agree to defend, indemnify and hold harmless IntelliFarms, its affiliates and licensors, from and against all suits, proceedings, losses, liabilities, and expenses, including without limitation, attorneys’ fees, whether in tort, contract or otherwise, which arise out of or relate to your breach of any term, acknowledgement or warranty in this Policy or any activity by you in relation to the IntelliFarms Services or use of the Content.


Entire Agreement.

This Policy constitutes the entire and final agreement between you and IntelliFarms with respect to the subject matter hereof and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter.