** This Policy is a binding legal contract between AGI SureTrack ("AGI SureTrack") and you.
Please read this Policy carefully before using the AGI SureTrack 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 AGI SureTrack Services. You agree that your use of the AGI SureTrack 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.
You may not use the AGI SureTrack 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 AGI SureTrack 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 AGI SureTrack Services or related information systems. If you in any way Interfere with the Site or the operation of the AGI SureTrack Services, you agree to pay all damages incurred by AGI SureTrack or its licensors or providers, including any consequential damages, that result from the Interference. Your Interference with the AGI SureTrack Services is a material breach of this Policy and relieves AGI SureTrack 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 AGI SureTrack. AGI SureTrack will cooperate with the authorities in prosecuting anyone who Interferes with the AGI SureTrack Services, attempts to defraud any person through the utilization of the AGI SureTrack Services or the information obtained related to the AGI SureTrack Services. YOU AGREE NOT TO CIRCUMVENT, OR FACILITATE A THIRD PARTY IN THE CIRCUMVENTION OF, ANY OF THE SITE'S PRIVACY OR SECURITY MEASURES.
AGI SureTrack takes commercially reasonable measures so that the AGI SureTrack Services are available without significant interruption, except for scheduled downtime needed to help maintain effective operation of the AGI SureTrack Services. However, difficulties with hardware, software, equipment and services supplied by others may result in service interruptions. In no event will AGI SureTrack be liable to any party for any loss, cost or damage that results from any period of down time of the AGI SureTrack Services.
AGI SureTrack recognizes the importance of protecting the privacy of AGI SureTrack users and wishes to provide efficient and relevant information to users of the AGI SureTrack Services. In order to serve our customers, AGI SureTrack collects and analyzes information provided by you when using the Site Service.
REMEMBER THAT CERTAIN INFORMATION THAT IS DISCLOSED BY YOU WHILE USING THE AGI SureTrack SERVICES WILL BE UTILIZED BY AGI SureTrack AND DISCLOSED TO CERTAIN THIRD PARTIES IN ORDER TO FACILITATE THE AGI SureTrack SERVICES (E.G., THIRD PARTY PROVIDERS OF PORTIONS OF THE AGI SureTrack SERVICES). YOU UNDERSTAND AND AGREE TO SUCH DISCLOSURE.
AGI SureTrack collects and analyze information obtained from users of the AGI SureTrack Services. This information includes, but is not limited to the following:
By electing to become a registered user of the Service, you may provide personally identifiable information to AGI SureTrack. “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. AGI SureTrack collects such personally identifiable information in order to provide the AGI SureTrack Services to you.
AGI SureTrack collects and analyzes aggregate information assembled from data collected via the Site and AGI SureTrack Services. Aggregate information is collected in order to better understand the demographics, grain and crop conditions, and usage patterns of all users of the AGI SureTrack Services, so that AGI SureTrack 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 AGI SureTrack Services users or other third party sources.
AGI SureTrack servers may automatically collect certain technical information about your use of the AGI SureTrack Services. This may include collecting and logging IP addresses. AGI SureTrack 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. AGI SureTrack and its internet service provider may log these IP addresses and analyze them to understand where requests originate. In addition, AGI SureTrack 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 AGI SureTrack 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 AGI SureTrack to produce traffic volume statistics that can be helpful in understanding online traffic, thus enabling AGI SureTrack to enhance its users’ online experience.
AGI SureTrack owns and operates the Site and is the company that collects the personal information, and its contact information is as follows:
Comments, suggestions or materials sent or transmitted to AGI SureTrack will be deemed to be non-confidential and not subject to any restrictions. AGI SureTrack 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.
AGI SureTrack may use your personally identifiable or aggregate information when performing certain aspects of the AGI SureTrack Services. For example, AGI SureTrack may use your email address in order to notify you when an update to the AGI SureTrack Services becomes available. AGI SureTrack may also use personally identifiable information to perform functions such as maintaining a record of customer service requests. As a consequence, AGI SureTrack may disclose personally identifiable information as a necessary component of providing the AGI SureTrack Services and associated administrative functions. In some cases, AGI SureTrack uses your personally identifiable information to provide information to you, such as to send newsletters or to personalize the AGI SureTrack Services. Further, AGI SureTrack may use aggregate information based on your and other user’s use of AGI SureTrack Services to perform such functions as disclosing general and specific growing condition data, grain conditioning data, yield data, or price data.
AGI SureTrack may use your information to offer the Services and operate the Site as well as sell and deliver advertising.
On occasion, AGI SureTrack may provide aggregated or demographic information to third parties. In certain circumstances, AGI SureTrack may share your personally identifiable information with third parties who provide services to AGI SureTrack in order to enable the AGI SureTrack 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 AGI SureTrack, or its affiliated entities, you agree that AGI SureTrack can accordingly assign, sell, license or transfer any information, including personally identifying information, that you have provided to AGI SureTrack to those third parties directly involved in the transfer or disposition of such assets.
No part of the AGI SureTrack 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, AGI SureTrack 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.
If you object to the disclosure or use of your personal information by AGI SureTrack you may contact AGI SureTrack at the contact information provided in this section. However, you acknowledge that if you do not allow AGI SureTrack to utilize your information, then AGI SureTrack may not be able to provide certain information and services to you.
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 AGI SureTrack Services and you agree that AGI SureTrack 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 AGI SureTrack Customer Support.
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. AGI SureTrack DOES NOT WARRANT THAT THE AGI SureTrack 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 AGI SureTrack SERVICES IN MAKING YOUR BUSINESS DECISIONS. AGI SureTrack 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 AGI SureTrack SERVICES, INCLUDING BUT NOT LIMITED TO, PEST RESISTANCE, WEATHER RESISTANCE, DROUGHT RESISTANCE, MATURITY, IRRIGATION NEEDS, HERBICIDE RESISTANCE, HARDINESS, SOIL TYPE, AND YIELD. AGI SureTrack 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.
YOUR USE OF THE AGI SureTrack SERVICES AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. AGI SureTrack WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE AGI SureTrack SERVICES, YOUR USE THEREOF, OR ANY OF THE INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE AGI SureTrack 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 AGI SureTrack 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 AGI SureTrack FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE AGI SureTrack 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.
AGI SureTrack may change this Policy from time to time. By continuing to use the Site or the Service after AGI SureTrack posts any such changes, you accept the Policy, as modified. You can always find the current version of this Policy by checking https://my.AGI SureTrack.com/legal.
AGI SureTrack retains all rights with respect to the AGI SureTrack Services. All content included or available in connection with the AGI SureTrack 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 AGI SureTrack 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 AGI SureTrack or any third party. THE CONTENT RELATED TO THE AGI SureTrack SERVICES IS THE PROPRIETARY PROPERTY OF AGI SureTrack, 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 © 2020 AGI SureTrack or its licensors. All rights reserved. AGI SureTrack respects the intellectual property of others, and AGI SureTrack asks you to do the same. If you believe some Content on the AGI SureTrack Services has been copied in such as way to constitute copyright infringement, please contact AGI SureTrack.
The AGI SureTrack trade name and the AGI SureTrack logo are trademarks of AGI SureTrack. The AGI SureTrack logos and trademarks that appear throughout the Site belong to AGI SureTrack, its affiliates or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of AGI SureTrack, you agree not to display or use the AGI SureTrack trademarks in any manner. Nothing on the AGI SureTrack Services shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of AGI SureTrack, 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 AGI SureTrack Services may be the trademarks of their respective owners.
AGI SureTrack 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 AGI SureTrack at law or in equity. Subject to AGI SureTrack’s obligations under a user agreement, AGI SureTrack reserves the right to prevent access to the AGI SureTrack Services to you or any other user for any reason, at any time, at AGI SureTrack's reasonable discretion.
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.
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. AGI SureTrack’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.
You acknowledge that AGI SureTrack 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 AGI SureTrack, 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 AGI SureTrack Services or use of the Content.
This Policy constitutes the entire and final agreement between you and AGI SureTrack 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.