1. Accepting the Terms
By using the information, tools, software, features and functionality including content, updates and new releases located on agritrackingsystems.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the agritrackingsystems.com website) or you are a “Member” (which means that you have registered with agritrackingsystems.com). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to United Tracking Systems. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. Description of the Service
The Service is a agricultural management service that allows Members to consolidate and track their farming operations on agritrackingsystems.com.
3. Your Use of the Service
Your right to access and use agritrackingsystems.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use agritrackingsystems.com for lawful purposes.
Your access and use of agritrackingsystems.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of agritrackingsystems.com or other actions that United Tracking Systems, in its sole discretion, may elect to take.
You agree that United Tracking Systems may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant United Tracking Systems a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to United Tracking Systems in any way. United Tracking Systems will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
4. Use With Your Mobile Device
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. UNITED TRACKING SYSTEMS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. Rights You Grant to Us
By submitting information, data, passwords, usernames, other log-in information, materials and other content to United Tracking Systems through the Service, you are licensing that content to United Tracking Systems solely for the purpose of providing the Service. Intuit may use and store the content, but only to provide the Service to you. By submitting this content to Intuit, you represent that you are entitled to submit it to United Tracking Systems for use for this purpose, without any obligation by United Tracking Systems to pay any fees or other limitations.
6. Alert Disclaimer
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. United Tracking Systems does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that United Tracking Systems shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
7. Intellectual Property Rights
The contents of agritrackingsystems.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. United Tracking Systems grants you the right to view and use agritrackingsystems.com subject to these terms. You may download or print a copy of information provided on agritrackingsystems.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from agritrackingsystems.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
8. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor agritrackingsystems.com or any portion of agritrackingsystems.com, without United Tracking Systems’ express written consent, which may be withheld in United Tracking Systems’ sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search agritrackingsystems.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of agritrackingsystems.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of agritrackingsystems.com or the Service.
9. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH AGRITRACKINGSYSTEMS.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. UNITED TRACKING SYSTEMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF AGRITRACKINGSYSTEMS.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
UNITED TRACKING SYSTEMS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON AGRITRACKINGSYSTEMS.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. UNITED TRACKING SYSTEMS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
10. Limitations on United Tracking Systems Liability
UNITED TRACKING SYSTEMS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO AGRITRACKINGSYSTEMS.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF UNITED TRACKING SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNITED TRACKING SYSTEMS‘ LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $250.00 (TWO HUNDRED AND FIFTY UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless United Tracking Systems and its officers, directors, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
10. Ending your relationship with United Tracking Systems
This Agreement will continue to apply until terminated by either you or United Tracking Systems as set out below. If you want to terminate your legal agreement with United Tracking Systems, you may do so by closing your account for the Service.
United Tracking Systems may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the agritrackingsystems.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
13. Governing Law and Forum for Disputes
This Agreement, and your relationship with United Tracking Systems under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with United Tracking Systems, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Kern, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case United Tracking Systems may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, United Tracking Systems is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with United Tracking Systems, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if United Tracking Systems does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which United Tracking Systems has the benefit of under any applicable law), this will not be taken to be a formal waiver of United Tracking Systems’ rights and that those rights or remedies will still be available to United Tracking Systems.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and United Tracking Systems regarding the subject matter of the same, and supersedes all other previous agreements.
This document was last updated on October 11, 2018