Welcome to the Terms of Service for the HarvestYield mobile application and website. This is an agreement ("Agreement") between HarvestYield, Inc. a Delaware company, the owner and operator of www.HarvestYield.com and the HarvestYield mobile applications and you ("you," "your" or "user(s)"), a user of the our website or service.
HarvestYield provides online and mobile tools for farmers. We provide record keeping, paperless tracking, scheduling and data analytics tools for farmers to use.
Before using HarvestYield, you will need to sign up for an account. During registration we require that you provide us with your e-mail address. We may also require additional information from you if necessary. When downloading our App we may collect additional information such as your Unique Device ID or IP address.
After registering, HarvestYield will provide you with a username. We have the final discretion in granting accounts and reserve the right to reject users without explanation.
We will never disclose your personally identifying information to third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit or revoke your ability to register or use HarvestYield at any time.
We grant you a personal, limited, non-exclusive license to install and use our software or application when using any of our Site, Services or our App. We may make our App available on our Site or elsewhere.. You are given the right to download one copy of the App at the price listed, if any.
You are granted a license only for your personal use to use our Service or App. This means that you cannot sell our Service or App anywhere else, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service or App, or try and make money off of it without our express written permission. Even if we offer our Service or App for free, you must still abide by these provisions and not copy or otherwise use our App in a manner prohibited by this section. You obtain no ownership rights when you purchase and download any software or our App, but are instead buying (or, in the case of a free download, being given) a license to install and use our software or App within the confines of this Agreement.
You assume full responsibility for your use of our App, Site, or Service and agree not to use it in ways not explicitly authorized by HarvestYield. You are responsible for your use of HarvestYield, and for any use of HarvestYield made using your account. You agree not to access, copy, or otherwise use HarvestYield, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by HarvestYield. By using our Site and Service you agree to the following:
• You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
• You agree to provide truthful and accurate content;
• You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
• You agree not to transmit any malicious or unsolicited software;
• You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
• You agree not to violate any requirements, procedures, policies or regulations of networks connected to HarvestYield;
• You agree not to interfere with or disrupt HarvestYield;
• You agree not to hack, spam or phish us or other users;
• You agree to act within the bounds of common decency when using our website;
• You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
• You agree not to collect or store personal information about other end users;
• You agree to not violate any law or regulation and you are solely responsible for such violations;
• You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our App, Site or any of our Services;
• You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party's website, such as by requesting its removal from a search engine;
• You agree not infringe upon our intellectual property unless you have our permission to use it in the specific manner that you used it;
• You are expressly prohibited from accessing HarvestYield through a virtual private network or by proxy.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but HarvestYield reserves the right to suspend or terminate any account at any time without notice or explanation.
The HarvestYield Site and Service may contain links to other websites (such as in advertisements), integrated third party products or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it.
The design of the HarvestYield Service along with HarvestYield created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HarvestYield, Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
HarvestYield reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
When you send any content through HarvestYield, you grant HarvestYield and its affiliates, representatives and assigns a non-exclusive, fully-paid, perpetual, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through HarvestYield or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your content, and to use your content to advertise and promote HarvestYield.
We are not required to host, display, or distribute any content, and we may refuse to accept or transmit content, and may remove or delete content from HarvestYield at any time.
HarvestYield offers both free and paid subscriptions. After registering for a paid HarvestYield subscription you will be prompted for payment information and must submit a credit card as payment. The price to use our Site and Service may vary. When paying please verify that you understand the price and the terms and conditions of payment.
If you are purchasing a monthly plan, please be aware that your credit card will be charged and automatically billed on a monthly basis without additional notice to you. We reserve the right to raise our monthly rates at any time; however, we will provide you with notice of the fee increase. Your information will be disclosed to our third party payment processor, Stripe, to process payments.
At HarvestYield we want to make sure that you are completely satisfied with our Service. Therefore, you may cancel your account with us at any time. However, a refund may not be granted in all circumstances. Although we may grant refunds in most cases, we examine refunds on a case by case basis and have the sole discretion in granting or denying any refunds.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
IN NO EVENT SHALL HARVESTYIELD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HARVESTYIELD SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO TERMINATE USE OF OUR SITE. HARVESTYIELD IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
1. We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted to us, or for any loss or damages that may occur because such member content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
2. We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of HarvestYield, whether arising in tort or contract, law or equity;
3. Your ability to use or interact with this website is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations of this Agreement or any applicable law at our sole discretion.
HarvestYield shall not be liable for any other reason or for damages, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.
The Service is controlled and offered by HarvestYield from its facilities in New York, NY and Shropshire, UK. HarvestYield makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless HarvestYield Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the HarvestYield Site and Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the HarvestYield Service.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements.
In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
HarvestYield and its Services may only be used by persons 18 years and older. HarvestYield in no way targets children, if you are under the age of 18 please do not use our Site and do not submit any information to us.
This Agreement shall be governed by the laws in force in New York. The offer and acceptance of this contract is deemed to have occurred in New York.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest New York, NY.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, HarvestYield shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures.
Cancellation may result in the immediate deletion of any content that you have submitted to HarvestYield. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about HarvestYield must be addressed to our agent for notice and sent via certified mail to: InCorp Services, Inc. Attn: Agent of HarvestYield, Inc. 2360 Corporate Circle, Suite 400. Henderson, NV 89074-7739 · USA.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: April 20, 2015
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
"Agreement" means these Terms of Service;
"App" means the HarvestYield application for mobile devices that we may make available through our Site or a third party app store or site, offering similar features to those available on our Site;
"Service" refers to the services that we provide through our Site, as well as any Software and our App;
"Site" refers to our website, www.HarvestYield.com;
"HarvestYield," "us," "we," and "our," refers to our company HarvestYield, Inc., our Site, App or our Service, depending on the context of the usage;
"User" refers to you, those who use our Services, and general visitors to our Site;
"You" refers to you, the person who is entering into this Agreement with HarvestYield, Inc.
Last Modified: May 20, 2015