Terms of Services 05/04/22 10:11:22 AM|
These Terms of Service (“Terms”) govern your access to and use of AgChieve’s websites (including www.agchieve.ca and www.ag-chieveonline.ca), products (including the AgChieve App) and services (“Products”). Throughout the websites and all other materials published by AgChieve Corporation, the terms “we”, “us” and “our” refer to AgChieve Corporation, the term “you” refers to the Farm Operation. The Farm Operation is described as the main contact and any and all farm partners with access to AgChieve’s Products. The main contact is responsible for any authorizations, but all contacts that fall under the Farm Operation are bound by the Terms of Service laid out below. AgChieve Corporation offers these Products, including all information, tools and services available from them to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our websites and/or purchasing a product or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of AgChieve’s Products, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Products. By accessing or using our Products, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the websites or use any products or services.
Any new features or tools which are added to AgChieve’s current inventory of products and services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to AgChieve’s Products following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the websites through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The information made available within our Products is for information purposes only. AgChieve shall not be held responsible/liable for the information’s usefulness, accuracy or availability. The material on our websites, social media platforms or found within the non-proprietary information on the AgChieve App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on these websites, our social media platforms or found within the non-proprietary of the AgChieve App is at your own risk.
This site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Products at any time, but we have no obligation to update any information in our Products. You agree that it is your responsibility to monitor changes to this information.
SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
All content included in or made available through AgChieve’s Subscription Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AgChieve Corporation. These are protected by international copyright, trademark, patent, trade secret and other intellectual property/proprietary rights laws.
By agreeing to the Terms of Service, you are agreeing to put your best effort forward to prevent and protect the proprietary contents of the AgChieve Products from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any proprietary contents of the Service, including AgChieve’s Sell Recommendations. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including AgChieve’s Sell Recommendations, unless expressly authorized by AgChieve. You agree that you will not use such proprietary information or materials in any way except for the use of the Service for personal, non-commercial uses in compliance with this Agreement.
In addition, all AgChieve Corporation’s trademarks, logos, products and service names are trademarks of AgChieve Corporation.
Any violation of this agreement gives AgChieve the right to suspend or terminate your client agreement at any time, without notice to you.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - PAYMENT POLICY
AgChieve offers a range of subscription plans to its Services (each, a “Package”). During registration for AgChieve’s Services, you will select your Package. Each subscription period is 12 month(s), unless another time period is specified by AgChieve. You may choose to be billed for the Package monthly or annually; regardless, you are responsible for the subscription fees for the entire subscription period of 12 month(s).
When you first become a client of AgChieve’s, you have two options, you can pay immediately at the time of sign up or you can wait until you receive an invoice for the Package you choose. If payment is received at the time of sign up, your invoice and receipt will be mailed to you, along with your Welcome Package from AgChieve. If you prefer, an email copy can be provided upon request. If payment is not received at the time of sign up, your invoice will be mailed to you within 3 business day(s), along with your Welcome Package. Again, if you prefer, an email copy can be provided upon request. The payment for your Package is due within 30 days of the date of the invoice (Net 30).
You will be sent an invoice for your renewal, with a breakdown of the fees and taxes, 1 month prior to your Renewal Date. Your Renewal Date is the 1st day following the last month of your Package subscription period. The payment for your renewal is due within 30 days of the date of the invoice (Net 30). In the case you fail to renew your services within that time period, your services will continue penalty-free for a period of 30 days while we try to contact you. After the initial 30 days overdue, you will have an additional 30 days to pay, but will incur a nominal penalty of 2% before taxes. After 60 days without pay, AgChieve will terminate your Package. Your subscription will never be renewed without consent from the Main Contact on the account., or a farm partner with permission from the Main Contact.
Payments can be made by credit card, cash or cheque. We accept Visa and MasterCard credit cards. Credit card payments can be made online at www.agchieve.ca, over the phone by calling 1-888-274-3138. They can also be made by filling out the credit card form at the bottom of your invoice and either faxing it to 1-204-255-2545 or mailing it to 202-1015 Wilkes Avenue, Winnipeg, MB, R3P 2R8, Canada. Cash or cheque payments are to be mailed to 202-1015 Wilkes Avenue, Winnipeg, MB, R3P 2R8, Canada.
All payments will be processed within 7 business day(s) of receiving the payment.
SECTION 8 - REFUND POLICY
At AgChieve, we offer a 30-day money-back guarantee. You may cancel your subscription, penalty free, within 30 day(s) from the day your Package services commenced. In order to cancel your subscription, you can contact us directly at 888-274-3138, send us a fax at 204-255-2545 or you can email us at email@example.com. A refund will be processed within 7 business day(s). Credit card payments must be refunded to the same credit card. Cash and cheque payments will be refunded via a cheque mailed to the address you provided while originally setting up your Package.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e?mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors and any other person(s) who compromise our promise to provide independent, unbiased advice (ie. employees of elevator companies).
You agree to provide current, complete and accurate purchase and account information for all purchases made from AgChieve Corporation. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on our websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e?mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PERSONAL INFORMATION
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using AgChieve’s Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall AgChieve Corporation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless AgChieve Corporation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate your agreement to these Terms of Service, at any time, by notifying us that you no longer wish to use our services, including any of our Packages or our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due for your subscription period. If you paid annually, you are not entitled to a refund. If you chose to be billed for the Package monthly, you remain responsible for the subscription fees for the entirety of the remaining subscription period of 12 month(s). We also may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on our websites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our websites. It is your responsibility to check our websites periodically for changes. Your continued use of or access to our Products or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us through one of the following:
- Email: firstname.lastname@example.org
- Phone: 888-274-3138
- Fax: 204-255-2545
- Mail: 3 Navin Place, Navin, MB, R5T 0C6, Canada