Adak Farm System - Farm Produce Manager

TERMS of SERVICE

Last Update: July 7, 2016

Welcome to ADAK Farm Systems and our product Farm Produce Manager offered as an online service at www.FarmProduceManager.com or related websites. This and the other services (collectively referred as “Service”) are provided by ADAK Farm Systems a DBA of ADAK Systems LLC, organized and existing under the laws of NY State, U.S., with its offices in Schenectady County, NY. By registering for and by using any of the services provided by ADAK Farm Systems you are agreeing to be bound by the following Terms of Service (collectively referred as “Agreement”). You are also agreeing that this Agreement is enforceable as if it was a written agreement between ADAK Farm Systems and you. If you do not accept and abide by this Agreement, you may not use Farm Produce Manager online or any other services offered by ADAK Farm Systems. If you do not agree with any of the terms of this Agreement, do not access or otherwise use www.FarmProduceManager.com or related websites. ADAK Farm Systems reserves the right to terminate your account without notice upon violation of any part of this Agreement.

A. Changes to the Agreement:

1. ADAK Farm Systems may, in its sole discretion, modify or revise this Agreement at any time without notice to you, and you agree to be bound by such modifications or revisions.

2. We will notify you about significant changes to this policy by sending a notice to the email address that you specified in your account. Your continued use of services offered at ADAK Farm Systems after a change shall constitute your acceptance of changes to this policy.

3. Any modification to the services, addition or enhancements of features shall be subject to this Agreement.

4. It is your responsibility to visit this page periodically to review this Agreement. You can view the most recent version of this Agreement at www.FarmProduceManager.com/tos.

B. Description of Service:

1. Farm Produce Manager and any subsystems (the Services) are farm scheduling, management and record keeping applications from ADAK Farm Systems.

2. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. ADAK Farm Systems disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.

3. ADAK Farm Systems reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

C. General Terms:

1. You must be at least thirteen (13) years of age to signup for and to use this Service.

2. You must provide your full legal name, a valid email address, accurate identification, contact, and other information that may be required as a part of the signup/registration process and/or continued use of the Service. You represent and warrant that (a) all of the information provided by you to ADAK Farm Systems to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You must keep this information up to date.

3. You agree to allow ADAK Farm Systems to send account and administrative notices to you via your email address and these shall be considered “in writing.”

4. Only humans can signup for and use the Service. Bots, programs, or scripts may not register or operate the Service.

5. ADAK Farm Systems reserves the right to refuse service to anyone at any time without notice for any reason.

6. You must protect and may not share your login information. If you believe your login information has been stolen, change your password immediately.

7. You are responsible for maintaining the privacy and security of your account, and are responsible for all activities that occur thereunder. ADAK Farm Systems will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

8. You also agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to (i) use the Service to distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as is reasonably determined by ADAK Farm Systems; (ii) upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. ADAK Farm Systems reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

9. Your use of the Service is subject to your acceptance of and compliance with the Agreement, including the ADAK Farm System privacy policies located at www.FarmProduceManager.com/privacy.

10. ADAK Farm Systems provides the Service “as-is” with all faults and as available? with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. You understand that ADAK Farm Systems uses third party companies and hosting providers to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

12. There are links on our site to third party sites. These are for your convenience and ADAK Farm Systems is not in any way responsible for the content or function of these other sites.

13. ADAK Farm Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice.

14. You assume total responsibility and risk for your use of the Service. You also acknowledge that ADAK Farm Systems makes no warranties regarding (i) availability of Service, (ii) your ability to access and use the Service, (iii) the accuracy of calculations performed by the Service, and (iv) your satisfaction with the Service.

15. The failure of ADAK Farm Systems to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and ADAK Farm Systems and governs your use of the Service, superseding any prior agreements between you and ADAK Farm Systems (including, but not limited to, any prior versions of the Terms of Service).

16. You acknowledge that ADAK Farm Systems, its officers, agents, and employees are neither responsible nor liable for any direct, indirect, incidental, consequential, punitive, exemplary, special or other damages arising out of or relating in any way to your use of the Service.

17. You agree to hold harmless and indemnify ADAK Farm Systems and its officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

18. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws and provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Schenectady County, New York, and you consent to the jurisdiction of such courts.

19. Questions about this Agreement should be sent to Admin@ADAKsystems.com.

D. Intellectual Property Rights:

1. You acknowledge that ADAK Farm Systems or its suppliers own all rights including without limitation all software, intellectual property rights, the name of the service, artwork, user interface contained within the service, and all related documentation, and such rights are protected by U.S. and international intellectual property laws.

2. You agree that you will not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service.

3. If you provide bug notices or enhancement ideas regarding the Service, these ideas and/or feeback becomes the property of ADAK Farm Systems.

4. ADAK Farm Systems does not claim any intellectual property rights over the content or artwork that you upload or provide to the Service. ADAK Farm Systems will not use any of the content, including any text, data, information, artwork, images or other material that you provide or upload for any purpose except to provide you with the Service. You acknowledge that other third parties may view and share your content as part of ADAK Farm Systems efforts to deliver the Service.

5. If you feel ADAK Farm Systems or any third party or other subscriber or user of Service has infringed on your copyrighted material, please contact Admin@ADAKsystems.com with a description of the alleged infringement so we can find it on our site, identification of the copyright owner, your contact information and a statement that you are authorized to make this complaint. We will contact you and work to resolve the issue as soon as possible.

E. Modifications to the Service and Prices

1. Prices of all services, including but not limited to subscription plan fees for the Service, are subject to change with or without any notice. In case of a notice, such notice may be provided at any time by posting the changes to the www.FarmProduceManager.com or related websites or within the Service itself.

2. ADAK Farm Systems shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

3. ADAK Farm Systems may, from time to time, offer extensions of your free or paid account. These extensions are on a case by case basis and are usually earned by you for providing product and/or farming experience feedback to ADAK Farm Systems. When these offers are made, you must comply with the offer to have your termination date extended. Contact FarmSupport@ADAKsystems.com to see if there currently any opportunities or for questions pertaining to these offers.

F. Payment, Refunds, Upgrade, and Downgrade

1. Payment of the then current subscription price is required to change from a free account to a paying account.

2. If you sign up for a paying account, and you do not cancel that account by the time the paid term expires, you will be charged for the next term on the day after the previous term expired.

3. The Service is billed in advance on a per term basis.

4. Once the charge for a term is billed, it is non-refundable. There will be no refunds or credits for partial periods of service or for change to a lower price service.

5. For any downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle (the day after the current term expires).

6. For any upgrade in plan level, your credit card will automatically be charged the new rate when you upgrade the Service to the next level.

7. If the payment processing fails, you will be notified and you will not be able to use your service until payment has been made.

G. Cancellation and Termination

1. You can cancel your account at any time.

2. You are solely responsible for properly canceling your account. If you want to cancel your account, you will need to do so from within your account itself. ADAK Farm Systems will not cancel any account on email or phone requests.

3. Once you cancel your account, you will not be able to access it again. All your content and data may be immediately deleted upon cancellation. Your content and data cannot be recovered once your account is cancelled, so please be sure to export any data you wish to keep before canceling your account.

4. If you cancel your service after the start of a billing cycle, you will not be given any refund for that billing cycle. However, you will not be charged from the next billing cycle onwards.

5. ADAK Farm Systems may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any content contained in your account although residual copies of information may remain in ADAK Farm Systems system.

6. If you have a free account or paid account and the term expires and you have not renewed and/or paid for the next term ADAK Farm Systems may deactivate or terminate your account. Upon termination or deactivation of your account, ADAK Farm Systems may choose to delete all the content of your account.

H. Privacy:

1. ADAK Farm Systems understands that privacy is important to you. As a condition to using the Service, you agree to the terms of the ADAK Farm Systems Privacy Policy as it may be updated from time to time.

2. You also agree that ADAK Farm Systems may monitor, edit or disclose your personal information if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in this Agreement and in the ADAK Farm Systems Privacy Policy.

3. Your personal information and other information that you provide or upload during the use of service may be stored and processed in the United States or any other country in which ADAK Farm Systems or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. You also acknowledge that the use of Service may transmit your content and information about you, and that during transmission, all your content may be transmitted unencrypted over the internet.

I. Applicable Law:

1. All Agreements, offers, or use of the Products and Services or the General Terms are governed by U.S. law. The applicability of the Convention for the International Sale of Goods (CISG) is excluded

2. Any disputes that may arise between ADAK Farm Systems and you on the basis of this agreement concluded between ADAK Farm Systems and you or as a result of further agreements that arise from such an agreement, shall be brought before the 4th Judicial District for the State of New York, U.S. location Schenectady, NY, unless a different court is prescribed by law, in which case ADAK Farm Systems is authorized to bring the proceeding before the prescribed court.

J. Questions

1. Address any questions about these terms of service to Admin@ADAKsystems.com