Phone Numbers Sales and Support:866-784-4630
Terms of Service and
Conditions of Use
These Terms and Conditions (“Terms”, “Agreement”) govern the legal relationship between you and AGDATA LP (“AGDATA”, “we”, “us”, “our”), and apply to your use of:
- this website, the website operated at agdata.com and other such locations from time to time (the “Website”),
- any application (other than third party software which interacts with the Website or Service) including but not limited to online services and interactive applications) (“Applications”); and
- the services we provide, including marketing, data collection and analytics, management of trait license agreements, rebate calculations and payments, and other related services which we may provide in the future (“Service”).
NOTE: IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE AGCELERATE SITE OR USE ANY OF THE SERVICES/PROPERTY PROVIDED ON OR THROUGH THE WEBSITE
- By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence.
- Users of this Website, our Applications, and Services acknowledge and agree that AGDATA is not bound by any provision in any agreement (whether written, oral, express, or implied) between users and other third parties, including but not limited to technology agreements between users and trait manufacturer or providers (“External Agreements”).
- EXTERNAL LINKS
- Our Website and Applications may contain links to sites owned or operated by other parties. Such links are provided for your convenience only. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES, ON, OR THE SECURITY OF, SUCH SITES. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY IF SUCH SITES INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; ARE INACCURATE, INCOMPLETE, OR MISLEADING; ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE; DO NOT PROVIDE ADEQUATE SECURITY AND PRIVACY; CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR ARE LIBELOUS OR DEFAMATORY. FURTHER, WE DO NOT ENDORSE THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE, ON SUCH SITES. IF YOU ESTABLISH A LINK TO SUCH SITES, YOU DO SO AT YOUR OWN RISK AND WITHOUT OUR PERMISSION.
- WEBSITE AND FEATURES
- Ownership. Our Website and Applications, their design, user interfaces, all text, graphics, content video, audio and the selection and arrangement of our Website and Applications are the property of AGDATA or its various subsidiaries, affiliates, licensors, third party providers and distributors (“Third Parties”), and same are protected under the copyright laws of the United States and other countries. None of the content found on our Website may be reproduced distributed, displayed, sold, transferred, or modified without the express written permission of AGDATA or the applicable Third Parties. Additionally, AGDATA shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into any product or service any suggestions, enhancement requests, recommendations or other feedback provided by users relating to the operation of any product or service owned by AGDATA.
- Trademarks. AGDATA, www.agdata.com, and all other related trademarks and design marks displayed on our Website, Applications and other materials provided to you in providing our Services (collectively, “Trademarks”) are registered and common law trademarks of AGDATA. Other trademarks and design marks appearing on our Website, Applications or other printed materials are trademarks of their respective owners. Nothing contained on our Website, Applications or other printed materials should be construed as granting, by implication or otherwise, any license or right to use any trademark including the Trademarks, except with the express written permission of AGDATA or the other party that may own the applicable trademarks.
- Copyright. All content included on our Website, Applications, and any other printed materials provided to users by AGDATA, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of AGDATA or its licensors or content suppliers and protected by American and international copyright laws. The compilation of all content on our website is the exclusive property of AGDATA and protected by American and international copyright laws. All software used on our website is the property of AGDATA or its software suppliers and protected by American and international copyright laws.
- CONFIDENTIALITY AND NON-DISCLOSURE
- By using this Website and Applications, you agree that any and all information obtained by you therein (other than user inputted information) is AGDATA’s confidential and proprietary information and may not be transferred, disclosed or otherwise made available to any third party. Any information obtained by the user for which the user has a license may be used solely in accordance with the terms of such license and may not be transferred, sold, disclosed or otherwise made available to any third party. For purposes of these Terms, allowing an unauthorized party to use an account by providing them a username and password which was not established for such unauthorized party’s sole use is a violation of these Terms.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- All information and materials contained on our Website, Applications, and other printed materials including text, compilations, data, profiles, graphics, links or any other item are provided “AS IS” and AGDATA makes no warranty, express or implied, as to the accuracy, adequacy or completeness of any information or material. AGDATA hereby expressly disclaims any liability, and the user agrees that AGDATA shall not be liable, for any errors or omissions related to or connected to the use of this Website, our Applications or other printed materials. The user recognizes that AGDATA is not making any warranties of any kind in connection with this Website and our Applications including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.
- Our Website, Applications, and other printed materials may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website, Applications, and printed materials at any time, but we have no obligation to update any information on our Website, Applications or printed materials. You agree that it is your responsibility to monitor changes to our Website, Applications, or printed materials.
- USER INPUTTED INFORMATION
- We rely on the accuracy of the information that you provide to us through our Website, Applications, and other means, including but not limited to registration information at our events, which must be true, accurate, current, and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect, or incomplete information of your failure to update your registration information and payment information within 30 days of any change.
- User hereby indemnifies and holds AGDATA harmless from any loss, liability, expense, cost, or other payment, including reasonable attorney’s fees, AGDATA may suffer related to user’s improper use of the site, the property contained within the site, and user’s breach or violation of these Terms.
- AGDATA shall not be liable for any damages of any kind for any loss or expense suffered by any user in connection with the use of this website including, but not limited to, direct, indirect, special, incidental or consequential damages. In the event user violates or AGDATA reasonably believes the user will violate the confidentiality and non-disclosure sections contained herein, user agrees that AGDATA shall be entitled to disable user’s access to this site and its proprietary property, and seek an injunction and any other remedy allowed by law, including damages. AGDATA’s failure to insist upon strict performance of these Terms shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall it affect its right to claim strict performance of any other portion of these Terms.
- JURISDICTION AND VENUE
- User hereby consents and submits to jurisdiction in the state of North Carolina for any dispute arising under the use of the site or the terms of this agreement. User hereby consents that venue for any such dispute may be in Mecklenburg County, North Carolina.
- Each user of this Website, our Applications, and Services hereby represents to AGDATA and agrees that any data submitted to AGDATA through this Website, our Applications or while receiving Services is, to the best knowledge of such user, true accurate and complete in all material respects. Each user hereby represents and warrants to AGDATA that the information supplied by the user identifying such user is true, complete and accurate. Each user hereby represents and agrees that AGDATA has no obligation to or is bound by any provision of any External Agreement between such user and any third party, including trait manufacturers or providers. Each user hereby fully indemnifies and holds AGDATA harmless from any loss AGDATA may suffer from such user’s failure to execute a technology agreement or abide by the terms of any technology agreement. Additionally, each user represents and agrees that AGDATA shall have no responsibility or liability for any loss or liability a user may suffer through reliance on this Website, our Applications, or other materials published by AGDATA; each user understands it is their own responsibility to ensure that they are compliant with any agreement they have or are bound to have with any party other than AGDATA. In addition to the items listed above, user agrees that he/she/it will not: tamper, hack, modify or otherwise corrupt the security or functionality of the Website or Applications; transmit or otherwise install any virus or other code that can destroy, disrupt, corrupt or otherwise impair the functionality of the Website or Applications; use the Website, Applications or their services or properties for any fraudulent or illegal purpose; interfere with another user’s use of the Website or Applications; violate any applicable international, federal, state or local law, rule, regulation or ordinance; or violate any of these Terms.
- Severability. If any part of these Terms is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other parts of these Terms.
- Waiver. The waiver of a breach of any provision of these Terms shall not operate or be interpreted as a waiver of any other or subsequent breach.