The following describes the terms on which Agrian Inc. (“Agrian”) offers you access to our software and services. Agrian reserves the right to revise this Website User Agreement and the terms and conditions of use of the Service at any time by posting an updated version of the terms on the website. You are responsible for regularly reviewing these terms and continued use of the Service after such notice will constitute your acceptance of such revised terms. If you do not agree to these terms, do not use the Service.
The “Service” or the “Agrian Software” shall mean any Agrian software and services provided on the website and may specifically refer to Agrian Field Suite, Agrian Processor, Agrian Grower, Agrian Advisor, Agrian Applicator or other proprietary software and services. The Service includes the distinct series of applications made available by Agrian to assist growers, farm managers, processors, agrichemical retailers, distributors, pest control advisors, pest control operators, and agricultural professionals in the sale, use and application of agricultural chemicals and the production of reports relating to that use to that use.
By accessing this site and making use of the Service, you agree to be bound by the following terms and conditions of service, including any limitation of your rights and disclaimer of warranties, all of which form this Website User Agreement. This constitutes a legal agreement between you and Agrian.
Agrian reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Agrian and the third party contributors are not responsible for any delays, delivery failures, or any other similar or dissimilar damage resulting from problems inherent to the use of the internet and electronic communications. Agrian shall have no obligation to ensure the ability to use or liability for any such use of the Service in combination with any other products, software, hardware or processes. Agrian may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that Agrian shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service provides access to information on crop management chemicals, the use of which are regulated by state or federal laws. Agrian does not interpret nor enforce compliance with any laws or regulations governing label approval, selection, application, or use of chemicals. If you are in a jurisdiction where use of this Service is prohibited, do not use this Service. You are solely responsible for verifying and complying with any applicable local laws regarding use of the Service or the crop management chemicals referenced in the Service.
Agrian (or third parties granting rights to Agrian) holds all right, title, and interest in and to the Service which is the copyrighted work of Agrian. Agrian grants you a limited, personal, non-exclusive, non-assignable, and non-transferable license to use and display the Service only on your computer or hand-held device and only for purposes associated with your use of the Service. This License grants you no right, title, or interest in any intellectual property owned or licensed by Agrian including (but not limited to) the Service and creates no relationship between you and Agrian other than that expressly stated herein.
Agrian may terminate this License at any time without notice, without cause, and without incurring liability to you. If Agrian becomes aware of inappropriate or unauthorized use of the Service or its content, Agrian may, in its sole discretion, respond in any way including the right to terminate your access to the Service.
The Agrian name, the Agrian logo, Agrian Field Suite, Agrian Advisor, Agrian Applicator, Agrian Grower, and Agrian Processor, the product names, logos, labels, depictions, and descriptions associated with the Service are tradenames or trademarks of Agrian, the chemical manufacturer(s) or third parties, and no right or license is granted. The omission of a copyright or trademark notice on the Service shall not be interpreted to mean the material is, or cause the material to be, in the public domain.
You may use the Service for your own personal, non-commercial use or benefit only. You MAY NOT and will not allow any other person or entity to:
The reference to, listing of or inclusion of a manufacturer’s label, product, services or materials in the Service, shall not imply an endorsement by Agrian of any product, service or materials. In addition, you may, through links to other websites or to advertisements, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party advertisers or other users. Any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated therewith, is solely between you and the applicable third party. Agrian makes no warranty of any kind with respect to the information provided in the manufacturer’s label, product, services or materials, nor the completeness or accuracy of the information. Such links do not constitute an endorsement by Agrian of any such websites or the content, products or services offered. You accept all responsibility and to be bound by any and all activities and transactions that occur under its user accounts, whether or not authorized by you.
Although the Geographic Information Systems (“GIS”) data made available in the Service has been produced and processed from sources believed to be reliable, no warranty expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability, timeliness, availability, or usefulness of information in the Service, including without limitation, the depiction of property boundaries, fence lines, area maps, accurate calculation of endangered species locales, earthquake faults, soil maps, watershed management area, wetlands or any other similar or dissimilar data mapped by or through the Service. YOU RETAIN ALL RESPONSIBILITY TO VERIFY THE SPECIFIC GIS DATA AND TO ENSURE AND VERIFY THAT THE CALCULATIONS MADE, LOCATIONS MAPPED AND INFORMATION RENDERED BY THE SERVICE ARE ACCURATE, APPLICABLE TO YOUR LOCATION AND COMPREHENSIVE.
Although the U.S. Department of Transportation (“DOT”) data and Section 312 of the Community Right-to-Know Act (“SARA Title III”) data, made available in the Service has been produced and processed from sources believed to be reliable, no warranty expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability, timeliness, availability, or usefulness of information in the Service. CLIENT RETAINS ALL RESPONSIBILITY TO VERIFY THE SPECIFIC DOT AND SARA TITLE III DATA, AND TO ENSURE AND VERIFY THAT THE CALCULATIONS MADE AND INFORMATION RENDERED BY AGRIAN SOFTWARE OR THE SERVICE ARE ACCURATE AND COMPREHENSIVE.
At times Agrian may be provided with local product notices from state or county agriculture commissioners, state pesticide regulation agencies or chemical manufacturers regarding specific crop or geographic restrictions, supplemental instructions, local requirements, or the need for additional permits on the use of certain crop management chemicals (“Local Product Notices.”) Agrian does not control the dissemination of this data and cannot ensure that every Local Product Notice will be available in the Service. The availability of some Local Product Notices in the Service does not mean that Agrian has been made aware of all Local Product Notices. Although the Local Product Notices made available in the Service have been entered and processed from sources believed to be reliable, no warranty expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability, timeliness or usefulness of any information or its use and availability in the Service, including without limitation, the depiction of notice boundaries, area maps, or any other similar or dissimilar Local Product Notice data available by or through the Service. You retain all responsibility to investigate the existence of and to verify the specific Local Product Notices made available by use of the Service, and those particular to your geographical area which may not be available through the Service, and to ensure and verify that the information rendered by the Service using Local Product Notices (or the lack thereof) data are accurate, applicable to your location and comprehensive.
At times Agrian may be provided with plant back restrictions or crop rotation requirements (“Rotational Crop Restrictions”) from crop management chemical suppliers regarding time intervals and geographic restrictions on replanting of fields or crop rotations. Agrian does not control the dissemination of this data and cannot ensure that every Rotational Crop Restriction will be available in the Service even if a prior or other Rotational Crop Restrictions are available in the Service. The availability of some Rotational Crop Restrictions in the Service does not mean that Agrian has been made aware of all Rotational Crop Restrictions. Although the Rotational Crop Restrictions made available in the Service have been entered and processed from sources believed to be reliable, no warranty expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability, timeliness or usefulness of any information or its use and availability in the Service, including without limitation, the recitation of restrictions, summary or depiction of Rotational Crop Restrictions, or any other similar or dissimilar plant back restriction data available by or through the Service. You retain all responsibility to verify the specific Rotational Crop Restrictions made available by use of the Service, and those particular to your crops, geographical area and crop rotation intervals or chronology which may not be available through the Service, and to ensure and verify that the information rendered by the Service using Rotational Crop Restrictions (or the lack thereof) are accurate, applicable to your crops and location and comprehensive.
Although the pest identification images and correlations made available in AGRIAN SOFTWARE have been produced from sources believed to be reliable, no warranty expressed or implied, is made regarding the accuracy of the pest image, identification, ability to discern specific subspecies, or usefulness of the pest information in the Service. New pests or mutations of existing pests are constantly evolving which may not be readily identified or User may inaccurately attribute crop damage to the wrong pest. USER IS INSTRUCTED TO REVIEW ANY PEST IDENTIFICATION AND ERADICATION PLAN WITH A LICENSED PEST CONTROL ADVISOR AND TO MAKE HIS OR HER OWN DETERMINATION AS TO THE VALIDITY OF THE DATA AND SUITABILITY OF THE SELECTED PRODUCT(S).
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL AGRIAN OR ANY THIRD PARTY PROVIDING LABELS, MATERIALS, SERVICES OR CONTENT TO AFS BE LIABLE TO YOU OR ANY OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES ARISING FROM OR CONNECTED WITH AFS AND SERVICES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF AFS OR SERVICES OR YOUR INABILITY TO USE AFS OR ACCESS CUSTOMER DATA, EVEN IF AGRIAN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY THIRD PARTY OWNERS OF ANY LABELS, MATERIALS, SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO WEATHER FORECAST, GIS MAPPING, ROTATIONAL CROP RESTRICTIONS, LOCAL PRODUCT NOTICES, DOT AND SARA TITLE III DATA, OR CHEMICAL INFORMATION, PROVIDED OR CONTAINED ON AFS ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISIONS CONTAINED IN THIS PARAGRAPH AS THOSE PROVISIONS RELATE TO THEIR LABELS, MATERIALS, SERVICES OR CONTENT. ANY THIRD-PARTY OWNERS OF ANY LABELS, MATERIALS, SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO WEATHER FORECAST, GIS MAPPING, ROTATIONAL CROP RESTRICTIONS, LOCAL PRODUCT NOTICES, DOT AND SARA TITLE III DATA, OR CHEMICAL INFORMATION, PROVIDED OR CONTAINED ON THE AGRONOMY INFORMATION SYSTEMS ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISIONS CONTAINED IN THIS AGREEMENT AS THOSE PROVISIONS RELATE TO THEIR LABELS, MATERIALS, SERVICES OR CONTENT. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF AGRIAN RELATED TO AFS OR ITS SERVICES, USER AGREES THAT HIS OR ITS EXCLUSIVE REMEDY AND THE MAXIMUM LIABILITY OF AGRIAN WILL BE $250.00 U.S. DOLLARS.
ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED. SPECIFICALLY, AGRIAN MAKES NO WARRANTY REGARDING THE AVAILABILITY OF THE SERVICE, THE SERVICES, ANY DATA STORED ON AFS, YOUR ACCESS TO THE SERVICE OR ANY CUSTOMER DATA, OR THE ACCURACY OF ANY INFORMATION EITHER STORED OR PROVIDED VIA THE SERVICE.
AGRIAN AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THE SERVICE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, THE INCLUSION OF INFORMATION IN THE SERVICE, OR THE AGRICULTURAL CHEMICALS REFERENCED BY THE SERVICE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, AGRIAN MAKES NO WARRANTY REGARDING THE AVAILABILITY OR ACCURACY OF THE SOFTWARE, THE SERVICES, ANY DATA STORED ON AGRIAN’S COMPUTERS, YOUR ACCESS TO THE SERVICE OR ANY DATA. ALL SUCH INFORMATION IS PROVIDED "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITHOUT WARRANTY OF ANY KIND.
AGRIAN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES AGRIAN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE USED IN THE SERVICE WILL BE CORRECTED. YOUR USE OF, AND ANY RELIANCE UPON, THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LABELS, INFORMATION, MATERIALS, AGRONOMIC INFORMATION, GIS MAPPING, DOT DATA, CROP ROTATIONAL DATA, PEST IDENTIFICATION, WEATHER FORECAST, REPORTS, THIRD PARTY DATA AND ADVICE IS AT YOUR OWN RISK. YOU RETAIN ALL RESPONSIBILITY TO VERIFY THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE MATERIAL MADE AVAILABLE THROUGH THE SERVICE OR ANY CONTENT. USERS OF THE SERVICE MUST READ AND FOLLOW THE ACTUAL AGRICULTURAL CHEMICAL LABEL AFFIXED TO THE PRODUCT CONTAINER, VERIFY THE SPECIFIC GIS DATA, DOT CALCULATIONS, CROP ROTATIONAL DATA AND OTHER APPLICATION REQUIREMENTS BEFORE USE OF THE PRODUCT. THE MANUFACTURER(S) ARE SOLELY RESPONSIBLE FOR THE INFORMATION PROVIDED IN THEIR LABELS AND MADE AVAILABLE FOR USE IN THE SERVICE.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth in this section may not apply to you.
You agree to defend, indemnify and hold Agrian and its affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees) incurred, claimed or alleged, arising from or relating in any way to (a) your use of the Service, (b) your violation of any terms or conditions of the License, (c) your violation of applicable laws, (d) your violation of any rights of another person or entity, or (e) the entry, sufficiency, adequacy, accuracy, or timeliness of AFS content or Customer Data which forms the basis for writing use recommendations, selecting products for use on a specific crop, purchasing of agricultural chemicals or apply agricultural chemicals to specific crops or land.
In the event that you have a dispute with a crop management manufacturer, another user, or any third party, you release Agrian (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential), of every kind and nature arising out of or in any way connected with such disputes. 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 not known by him must have materially affected his settlement with the debtor."
The terms and conditions herein constitute the entire agreement between you and Agrian and governs your use of the Service, and supersedes all other prior agreements or understandings, both written and oral, with respect to the subject matter hereof. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. This Website User Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Paragraph or section headings are solely for the convenience and are not intended to affect, any of the terms or provisions hereof.
All disputes arising under from your use of or interaction with the Service shall be governed by California law and settled by binding arbitration under the Commercial Rules of the American Arbitration Association, in Fresno County, California, by a single arbitrator selected in accordance with such rules. In any such arbitration proceeding, each party shall initially bear all of its own costs and share joint costs such as the cost of an arbitrator; upon resolution, the losing party shall pay the other party all costs incurred by the other party for the arbitration, including attorneys’ fees.
The failure or delay of Agrian to enforce any right or provision in this Website User Agreement or the License shall not constitute a waiver of such right or provision, nor shall any single or partial exercise of a right preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies shall be cumulative and not exclusive of any rights or remedies provided by law. If any provision of this Website User Agreement or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement and the License and terms and conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Website User Agreement or the License, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Agrian may collect, use and disclose personal information in connection with this website for those purposes identified to you at or prior to the time of collection and in accordance with the Privacy Notice posted on Agrian’s website. When Agrian partners with an agricultural chemical supplier to develop a specific service or functionality within the Service, we may share uniquely identifiable crop data with the sponsoring company. By using the Service, you hereby grant Agrian and the sponsoring company a perpetual, fully paid, irrevocable, transferable, sub-licensable, non-exclusive right and license to use Customer Data collected or processed by the Service.
© 2005-2012 Agrian Inc. All rights reserved.
Revision Date: 4-23-2012