Terms of Use Agreement

 

  1. Acceptance of the Terms of Use

The following terms and conditions (collectively, "Terms of Use") govern your access to and use of the handsfreefarm.com and whirlonline.com websites and all related mobile apps, e-commerce shops, social media apps, desktop apps, and software services, as well as all software and firmware embedded in the Company's products (collectively, the "Platform") operated by AgJunction Inc. ("Company", "we" or "us"), including any content, functionality and services offered on or through the Platform, and any Company products or services purchased through the Platform, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our privacy policy (the "Privacy Policy"), found at https://www.handsfreefarm.com/privacy-policy and incorporated into these Terms of Use by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Platform.

WARNING:  Some of the Company's products and systems are designed to operate heavy farming machinery without human intervention.  Read all instructions and safety information before using such products and systems.  Make sure all areas where the farming machinery will be operated are clear of people, animals, and property that could be damaged while such products and systems are operating.

The purchase of the Company's products and services through this Platform is offered and available to users who are 18 years of age or older. By using this Platform, you represent and warrant that you meet the foregoing eligibility requirements, and that you assume all responsibility and liability for other persons who may use the Company's products or services purchased by you. If you do not meet all of these requirements, you may not access or use the Platform.

  1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

  1. Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, any service or material we provide on the Platform, and any products or services we provide for sale through the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Platform.
  • Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to remove, reclaim or change a user name if we determine such actions are appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that closely relates to a trademark, but does not closely relate to a user's actual name. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Purchases and Payments

All prices, discounts, and promotions posted on the Platform are subject to change without notice. The price charged for a product or service will be the price advertised on the Platform at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your completed order and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, even if we have already requested or received payment, and to cancel any orders arising from such errors, inaccuracies, or omissions.

The terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order.  You agree to pay the Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize the Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method and in U.S. dollars. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service.  You represent and warrant that you will pay charges incurred by you or other persons using your billing account at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

  1. Product Warranty & Extended Warranty

To the extent permitted by law, this product warranty and the remedies set forth in it are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. The Company disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, the Company limits the duration and remedies of such warranties to the duration of this express warranty and, at the Company's option, the repair or replacement services described below.

Return Policy

The Company's return policy and procedure is explained at https://www.handsfreefarm.com/warranty-policy.

Warranty Period and Product Warranty Coverage

The Company warrants its Company-branded products, in each case purchased through the Platform and contained in its original packaging (each, an "AgJunction Product") for the applicable time period (in each case, the "Warranty Period") and subject to the applicable conditions and qualifications described at https://www.handsfreefarm.com/warranty.

Product Warranty Exclusions

This product warranty does not apply to any non-Company-branded hardware products or any software, even if bundled or sold with AgJunction Products. Third party manufacturers, suppliers, or publishers may provide their own warranties to you for such products or software. Software distributed by the Company is not covered by this product warranty and is subject to the disclaimer of warranties in Section 19. The Company does not warrant that the operation of any AgJunction Product will be uninterrupted or error-free. The Company is not responsible for damage arising from any user's failure to follow instructions relating to any AgJunction Product’s use.

This product warranty does not apply to: (i) damage caused by operating the AgJunction Product outside the Company’s published guidelines; (ii) an AgJunction Product that has been modified to alter functionality or capability without the written permission of the Company; (iii) any AgJunction Product where the serial number has been removed or defaced, or which otherwise reasonably appears to be stolen; (iv) damage caused by service performed by anyone who is not a representative of the Company or a Company authorized service provider; (v) damage caused by use with a third party component or product that does not meet AgJunction Product’s specifications; (vi) cosmetic damage, unless such damage has occurred due to a defect in materials or workmanship; (vii) damage caused by accident, abuse, misuse, fire, earthquake or other external cause; or (viii) defects caused by normal wear and tear or otherwise due to the normal aging of the AgJunction Product.

Your Responsibilities

Before receiving warranty service, the Company or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow the Company's procedures for obtaining warranty service.

Following warranty service your AgJunction Product or a replacement device will be returned to you. The Company may install software updates as part of warranty service.

Product Warranty Claim Process

Please contact the Company's customer support, as detailed on https://www.handsfreefarm.com/warranty, before seeking warranty service.  A Company representative will help determine whether your AgJunction Product requires service and, if it does, will inform you how the Company will provide it.

If you submit a valid claim to the Company in accordance with this warranty during the Warranty Period for the applicable AgJunction Product, the Company will, at its option: (i) repair the AgJunction Product or (ii) replace the AgJunction Product with the same model (or a product that has similar functionality).

The Company may request that you replace certain user-installable parts. A replacement part or AgJunction Product, including a user-installable part that has been installed in accordance with instructions provided by the Company, takes on the remaining term of the product warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an AgJunction Product or part is replaced or the Company provides a refund, any replacement item becomes your property and the replaced or refunded item becomes the Company's property.

Product Warranty Service Options

The Company will provide warranty service through one or more of the options described at https://www.handsfreefarm.com/warranty-policy.

The Company reserves the right to change the method by which the Company may provide warranty service to you. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary by country. You may be responsible for additional shipping and handling charges if the AgJunction Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, value-added taxes and other associated taxes and charges. For international service, the Company may repair or replace AgJunction Products and parts with comparable AgJunction Products and parts that comply with local standards.

  1. Intellectual Property Rights

The Platform and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material, and are protected by Canadian, United States of America ("USA"), and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

All Company mobile apps and embedded software and firmware provided to you (collectively, "Licensed Software") is licensed, not sold, to you.  The Company grants to you a non-transferable license to use the Licensed Software in connection with the Platform and any Company products that you own or control, and subject in all respects to these Terms of Use.  The Company may limit or terminate this license granted to you in any of the ways it may limit your access to the Platform or terminate your account as provided in these Terms of Use.

These Terms of Use permit you to use the Platform for your personal, non-commercial (other than the use of the Company's products and Platform in the ordinary course of your business) use only. Except as explicitly permitted by these Terms of Use and through functionality provided through the Platform, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform.  You may not, without the Company's prior written consent:

  • Modify copies of any materials from the Platform.
  • Use any illustrations, photographs, video or audio sequences or any graphics outside the Platform.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

You may not access or use any part of the Platform, or any services or materials available through the Platform or provided with Company products, for the purpose of developing competing products to those of the Company, or otherwise to the Company's detriment.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Trademarks

The Company name, the terms "Whirl", "Whirl Online", "Wheelman", "HandsFreeFarm", "RANGER", and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

  1. Prohibited Uses

You may use the Platform and the Company's products and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform or any Company product or service:

  • In any way that violates any applicable federal, provincial, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada, the USA or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in Section 11 of these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform or the Company's products or services, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

Additionally, you agree not to:

  • Use the Platform or any Company product or service in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Platform or any Company product or service.
  • Introduce any viruses, malware or other material which is malicious or technologically harmful to the Platform or any Company product or service.
  • Attempt to gain unauthorized access to, reverse-engineer, interfere with, damage or disrupt any parts of the Platform, any server on which any portion of the Platform is stored, or any server, computer or database connected to the Platform or any Company product or service.
  • Attack the Platform or any Company product or service via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platform or any Company product or service.
  1. User Data

The Platform will maintain certain data that you transfer to the Platform for the purpose of the performance of the Company's services, as well as data relating to your use of the Company's services. You are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company's services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

You retain ownership of your user data you transfer to the Platform. You hereby grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, publish, display, perform, distribute, transmit, modify, adapt, and create derivative works of, such user data. The rights you grant in this license are for the limited purposes of allowing the Company to operate the Platform and the Company's services in accordance with their functionality, improve and promote the Platform, the Company's products, and the Company's services, and develop new products and services.

  1. User Contributions

The Platform may contain blogs, message boards, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit (collectively, "post") to other users or other persons content or materials (collectively, "User Contributions") on or through the Platform.

All User Contributions must comply with the Content Standards.

The Company may accept, reject or remove User Contributions in the form of reviews in its sole discretion. Provided a review complies with the Content Standards, the Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. You agree to comply with the Content Standards and the following criteria whenever you post a review: (1) reviewers should have firsthand experience with the person/entity or product being reviewed; (2) reviewers should not be affiliated with competitors if posting negative reviews; (3) reviewers should not make any conclusions as to the legality of conduct; and (4) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by the Company, and do not represent the views of the Company or of any affiliate or partner of the Company.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a royalty-free, perpetual, non-exclusive, worldwide, assignable and sublicensable license to use, reproduce, modify, translate, transmit by any means, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

  1. Content Standards

These content standards (collectively, the "Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Contributions may not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
  1. Monitoring of User Contributions and Enforcement of Content Standards

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

We do not undertake to review material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

DMCA Copyright Policy

The Company respects the intellectual property rights of others and expects users of the Platform to do the same. The Company complies with the U.S. federal Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.

If you believe that any User Contribution has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • your contact information, including your address, telephone number, and an email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your User Contribution that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Contribution, please send us a counter-notice containing the following information:

  • your physical or electronic signature (with your full legal name);
  • identification of the User Contribution that has been removed or to which access has been disabled and the location at which the User Contribution appeared before it was removed or disabled;
  • a statement that you have a good faith belief, under penalty of perjury, that the User Contribution was removed or disabled as a result of mistake or a misidentification of the User Contribution; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed User Contribution in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the User Contribution provider, member or user, the removed User Contribution may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership.  Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

We reserve the right to remove User Contribution alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, the Company may also terminate a user's account if the user is determined to be a repeat infringer. The Company's designated copyright agent for notice of alleged copyright infringement appearing on the Platform is:

AgJunction, Inc.

9150 East Del Camino Drive

Scottsdale, AZ 95258

Email: handsfreefarmsupport@agjunction.com

Phone: (785) 571-1448

  1. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Platform, are otherwise a user or member of the Platform, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information listed in Section 26 of these Terms of Use.

Without limiting any other provision of these Terms of Use, the Company reserves the right to, in the Company’s sole discretion and without notice or liability, deny access to and use of the Platform and the Company's services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty, covenant or other term contained in these Terms of Use, or of any applicable law or regulation, and the Company may terminate your use or participation in the Platform and the Company's services, delete your profile and any content or information that you have posted at any time, without warning, in the Company’s sole discretion.

In order to protect the integrity of the Platform and Company's services, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Platform and Company's services.

Any provisions of these Terms of Use that, expressly or by their nature, extend beyond the termination of these Terms of Use will survive any termination of these Terms of Use.

You understand that certain states allow you to cancel these Terms of Use, without any penalty or obligation, at any time prior to midnight of the Company’s third business day following the date of your acceptance of these Terms of Use, excluding Sundays and holidays. To cancel, call a Company customer care representative during normal business hours using the contact information listed in Section 26 of these Terms of Use or by accessing your account settings. This section applies only to individuals residing in states with such laws.

If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.

  1. Reliance on Information Posted & Corrections

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

This Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Changes to the Platform

We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

  1. Information About You and Your Use of the Platform

All information we collect on the Platform is subject to the Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Linking to the Platform and Social Media Features

You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Platform.
  • Send e-mails or other communications with certain content, or links to certain content, on this Platform.
  • Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:

  • Establish a link from any website that is not owned by you.
  • Cause the Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Platform other than the website homepage.
  • Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time, without notice, in our discretion.

  1. Third Party Sites and Content

You understand that the Platform may contain or send you links to third party websites, applications or features not owned or controlled by the Company ("Third Party Sites"), and that links to Third Party Sites may also appear in content available to you through the Platform. The Platform may also enable interactions between the Platform and a Third Party Site through applications that connect the Platform, or your profile on the Platform, with a Third Party Site. Through Third Party Sites you may be able to access content or features from third parties that the Company does not control or share your content with others. You access Third Party Sites entirely at your own risk, and the Company will have no liability for your use of or access to Third Party Sites or third party content.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or products obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Platform, its content and any services or products obtained through the Platform is at your own risk. Subject to the express, limited product warranty set out in Section 5, the Platform, its content and any services or products obtained through the Platform are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content or any services or products obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the servers that make it available are free of viruses or other harmful components or that the Platform or any services or products obtained through the Platform will otherwise meet your needs or expectations.

To the fullest extent allowed under applicable law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

  1. Limitation on Liability

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any services or products obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

  1. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.

  1. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Arizona and the applicable federal laws of the United States of America without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the state and federal courts located in Maricopa County, State of Arizona, in the city of Scottsdale. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each, a "Dispute"), you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Notwithstanding the foregoing, you and the Company agree that the following types of Disputes will not be resolved by informal negotiation or binding arbitration, but only by a court of competent jurisdiction: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or the Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded above) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. You understand that absent this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the U.S. Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Maricopa County, State of Arizona. Except as otherwise provided in these Terms of Use, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

  1. Waiver and Severability

No waiver of by the Company of any term or condition in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Electronic Contracting

Your use of the Company's services includes the ability to enter into agreements and to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Company's services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have hardware and software meeting certain minimum standards, which requirements are your sole responsibility.

  1. Entire Agreement

The Terms of Use and the Privacy Policy collectively constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

  1. Contact Us

In order to resolve a complaint regarding the Company's services or to receive further information regarding use of the Company's services, please contact the Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 "R" Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

AgJunction, Inc.

9150 East Del Camino Drive

Scottsdale, AZ 95258

Email: handsfreefarmsupport@agjunction.com

Phone: (785) 571-1448

Version Date: 09/14/2018