Website Terms of Use US

This is the US Website Terms of Use. Click here for the CAN Website Terms of Use

Decisive Farming Corp.

This Website, including all contents, data, information and materials contained therein (“Website”) is operated and made available by Decisive Farming Corp. (“Decisive Farming”, “we”, “us”, “our”, etc.). Your access to the Website is conditional on your accepting and agreeing to, and complying with, the following disclaimers, limitations of liability and website terms of use (collectively “Terms of Use”). By accessing and/or using the Website, you accept and agree to these Terms of Use, and enter into a binding legal contract and agreement with Decisive Farming, the terms of which agreement are as stated in these Terms of Use. If you do not accept these Terms of Use, you should not access or use this Website.
Decisive Farming may change these Terms of Use from time to time without notice. Continuing to use or access the Website following our posting revised Terms of Use constitutes your acceptance of the revised Terms of Use. Use of or access to this Website is not permitted where such use or access is prohibited by applicable law.

The Website is for general information purposes only. Any monetary amounts mentioned in this Website are in Canadian dollars unless otherwise noted.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Website, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Website will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

We want you to be comfortable with how we protect your privacy. If you have questions, please email privacy@decisivefarming.com

Ownership of this Website and its Content

This Website, including all of the software and code comprising or used to operate this Website, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada and other countries. All Content and intellectual property rights therein are the property of Decisive Farming or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

The Decisive Farming names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Decisive Farming (the “Decisive Farming Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Website are the property of their respective owners. You are not authorized to display or use the Decisive Farming Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Website without the prior written permission of such owners. The use or misuse of the Decisive Farming Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Feedback

In these Terms of Use, “Feedback” refers to the Content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website. Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

In consideration of your use of this Website, you agree that to the extent you provide personal information to Decisive Farming it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Website, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Website any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. We reserve all rights and remedies available to us.

Minnesota Law Applies

These Terms of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

DISCLAIMER OF WARRANTIES AND CONDITIONS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, DECISIVE FARMING, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DECISIVE FARMING, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
DECISIVE FARMING DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Website gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Services

Decisive Farming markets and provides software and services, including software as a service (collectively, the “Services”). All of the Services described on, promoted on, linked to or from, or available or potentially made available on or through the Website: (i) do not constitute an offer open for acceptance by you and are, at most, only an invitation to treat; (ii) are subject to further licensing agreements with Decisive Farming in its sole discretion, (iii) are posted or promoted only for informational and marketing purposes; and (iv) are subject to availability and to change without notice. In the event of any conflict between these Terms of Use and any commercial agreement between you and Decisive Farming, such commercial agreement will take priority to the extent of any inconsistency unless Decisive Farming expressly states otherwise.

Third Party Links and Endorsements

From time to time, Decisive Farming may post certain links on the Website that lead to other websites maintained by independent third parties over which Decisive Farming has no control. Decisive Farming accepts no obligation to post or maintain any such links and there may be no such links at any given time. If Decisive Farming does provide such links, such links provided solely as a convenience for users of the Website and do not constitute an endorsement by Decisive Farming of the content of such third party sites, unless Decisive Farming expressly states otherwise. Your use of such links is in all cases solely at your own risk. Links to this Website may also be provided from other sites either known or unknown to Decisive Farming and access to any other website linked to or from this Website is at your own risk. Decisive Farming make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites.

Internet Communications and Email

The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration for which Decisive Farming assumes no liability. You use the Internet and email solely at your own risk.
Decisive Farming will not be responsible for, nor be liable to you or anyone else, for any damages in connection with any Internet communication with Decisive Farming, nor for any email sent by you to Decisive Farming, or any email or other electronic communication sent by Decisive Farming to you at your request or in response to information received from you.

Linking

You may link to the front page of this Website at www.DecisiveFarming.com. Any other link to this Website, and any linking to other web pages within the Website or framing of content on this Website, is prohibited without the prior written consent of Decisive Farming.

General Terms

These Terms of Use will ensure to the benefit of Decisive Farming and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect.

Contacting Decisive Farming

Subject to these Terms of Use, this Website may permit you to contact Decisive Farming to receive or provide information, to provide Decisive Farming with questions or comments, to request certain aspects of the Services, to submit information with respect to possible employment by Decisive Farming, to subscribe to newsletters and/or other periodically distributed information, and for such other purposes as Decisive Farming may permit from time to time. Decisive Farming shall have no obligation to implement or continue to make available any of the foregoing, and Decisive Farming shall have the right to modify or terminate any of the foregoing without notice to you at any time, and from time to time.

Decisive Farming requests that you provide Decisive Farming with only such personal information as you reasonably should disclose in order to permit Decisive Farming to provide you with information, respond to you, consider your queries, consider you for employment, or otherwise respond to you. Decisive Farming accepts no liability for any failure to receive your information, or for any loss of, or damage to, information in transit to Decisive Farming, or for information received by Decisive Farming. Any personal information you provide is considered by Decisive Farming to have been provided with your consent, permitting Decisive Farming to collect, use and disclose such personal information for reasonable purposes related to your contacting Decisive Farming or receiving information from Decisive Farming.