Last Updated: October 20, 2022
Welcome to Intelligent Ag™. Intelligent Ag applications, including the Recon On-Frame Blockage, Recon SpreadSense®, Recon Blockage Monitor, Intelligent Ag, and Intelligent Ag Hub (“Apps”) are software solutions that allows users of our products to view and interact with data collected by our devices. The Intelligent Ag App, related information and services, are available via the Apple App Store and the Intelligent Ag website located at intelligentag.com (“Website”). The Intelligent Ag App and Website, and all related information, services or documentation offered via the App and/or Website, are collectively referred to as the “Services.”
Please read these Terms carefully. By either: (i) accessing or using the Services, including downloading the App from the Apple App Store, or (ii) clicking on the “I Agree,” “Submit,” “Create Account,” or similar button or check box when prompted, you accept and agree to be bound and abide by these Terms and agree to bind the Organization on whose behalf you are accessing or using the Services. If you do not want to agree to these Terms, you must not access or use the Services.
You understand that we reserve the right to change or amend these Terms from time to time. Except as otherwise required by law, all changes shall be immediately effective upon their posting to the Website or App. You acknowledge and agree that your continued access and use of the Services following such changes shall be deemed acceptance by you of any new or amended terms to these Terms. Intelligent Ag will not be liable for any damages as a result of any of these actions.
The Services are offered and available to users who are 18 years of age or older. None of the Services are directed toward children under 18 years of age. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
Intelligent Ag will not knowingly collect any personal information from or about children under the age of 18, and children under the age of 18 are not allowed to register with Intelligent Ag. If you believe Intelligent Ag has collected information from or about a child under the age of 18, please contact us at the “Contact Us” details below.
Those who choose to access the Services from outside of the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.
- Accessing the Services
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, personal right to access and use the Services, solely and strictly in accordance with these Terms for lawful purposes. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms. You are not authorized by the license granted hereunder or these Terms to exploit the Services to compete with Intelligent Ag’s business.
From time to time, we may restrict access to some parts of the Services, or the entire Services, to users. Intelligent Ag makes no guarantees regarding uptime, availability, or access to the Services. You use the Services at your own risk and the Services are at all times provided “as is.”
You are responsible for:
- Making all arrangements necessary for you to have access to the Services, including your internet connection and internet stability.
We may block, limit or terminate your access to the Services for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law, rule, or regulation relating to your use of the Services; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us or any other person.
- Intelligent Ag Intellectual Property
You acknowledge that, as between you and Intelligent Ag, Intelligent Ag owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, trademarks, images, and related designs.
Intelligent Ag’s names and logos and all related product and service names, design marks and slogans, including INTELLIGENT AG, are the trademarks or service marks of Intelligent Ag. All rights are reserved. You are not authorized to use any Intelligent Ag name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Intelligent Ag. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law and may be further protected by U.S. and international patent laws. All rights regarding the Services and materials contained on or in the Services, including any and all technology, code, or design related to the Services, are either owned by Intelligent Ag, are licensed to it, or are used with permission. Intelligent Ag and its licensors, vendors or other service providers retain and reserve all intellectual and proprietary rights to the Services.
The Services are only for your personal use. All users of the Services are expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Intelligent Ag or the intellectual property holder is prohibited. Please use the contact information below if you desire such permission or need more information.
- Creating an Account
In order to access the Services, you may be required to create an account with Intelligent Ag that may include choosing an account name and setting a password. When you do so, the information you provide Intelligent Ag must be accurate, complete, and up-to-date. When registering with Intelligent Ag, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. By registering with Intelligent Ag, you are representing that you are at least 18 years of age.
You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Intelligent Ag using the “Contact Us” details below. You will be held liable for losses incurred by Intelligent Ag, or any other user of or visitor of the Services, due to someone else using your Intelligent Ag password or account.
You shall not use anyone else’s Intelligent Ag password or account at any time. Intelligent Ag cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
- Prohibited Uses and Conduct
You may use the Services only for lawful purposes and in accordance with these Terms.
You agree not to use the Services: (i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm any person in any way by exposing them to inappropriate content, facilitating harassment, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms or published in connection with the Services; (iv) to transmit any illegal advertising or promotional material; (v) to impersonate or attempt to impersonate Intelligent Ag, a Intelligent Ag employee, another user, or any other person or entity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Intelligent Ag or users of the Services, or expose them to liability.
You agree not to: (i) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring, scraping, or copying any of the material on the Services; (ii) use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) introduce to the Services or any Intelligent Ag system any viruses, Trojan horses, worms, malware, ransomware, logic bombs, or other material that is malicious or technologically harmful; or (iv) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, any Intelligent Ag accounts, the servers on which the Services is hosted or stored, or any server, computer, or database connected to the Services. You are not permitted in anyway to bypass any security mechanisms or access a protected portion of the Services if you do not have personal authorization from Intelligent Ag to do so.
You are solely responsible for any liability associated with your use of the Services. You shall not, and are not authorized to, use the Services in any manner that violates any person’s rights or any applicable law.
Intelligent Ag may solicit your feedback regarding your experience accessing or using the Services. The comments, information, and details you submit to us through surveys, reviews, or other forums regarding your experience accessing or using the Services, including without limitation any suggestions or recommendations regarding the Services’ features or functionality, including any improvements (“Feedback”) may be used by Intelligent Ag without any obligation, limitation, attribution, or compensation to any party. You hereby assign to Intelligent Ag all right, title, and interest, including intellectual property rights, in and to any ideas, inventions, know-how, concepts, techniques, or other concepts contained in the Feedback.
Some features of the Apps may be offered on a subscription basis and billed in advance on an annual or a monthly basis (unless otherwise specified during your registration process). All fees are non-refundable. Your agreement for purchasing a subscription becomes binding upon clicking “I Accept” (or similar). After each subscription term, the App term will automatically renew for the agreed upon term (e.g., 1 year). The full amount for each renewal term will be charged on the first day of the renewal.
Any subscriptions purchased via the Apple App Store have to be terminated via the Apple App Store for technical reasons. Termination must occur no later than 48 hours before the extension of the subscription. Instructions for canceling a subscription are available at https://support.apple.com/en-us/HT202039.
Cancellation of your subscription will result in the termination of your access to the App, as well as the closing of your account. All of your data and content may be immediately deleted from the Services upon cancellation. This information may not be recovered once your account is cancelled.
Regardless of when you choose to cancel your subscription, you shall not be entitled to a refund (pro rata or otherwise) of any pre-paid fees.
In order to purchase a subscription to the Services you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with the purchase of a subscription and that you have all authority necessary to purchase a subscription using the credit card or payment mechanism that you submit. By submitting such information, you grant Intelligent Ag the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that Intelligent Ag is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.
- Functionality and Updates
Intelligent Ag reserves the right to change, suspend, or discontinue any aspect of the Services at any time, including availability of a feature, database, or content. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
- Third-Party Sites and Links
- Consent to Doing Business Electronically
You hereby agree that we may deliver all notices, disclosures, documents, reviews, analyses, or other materials, and any and all other documents, information, and communication concerning you or Intelligent Ag by means of email or by posting on the Website or App or by other means of electronic communication. Considering the Services operates principally on the internet, by accessing the Services, you hereby consent to transact business electronically and to receive electronically all disclosures, documents, communications, notices, contracts, and agreements arising from or relating in any way to your or our rights, obligations, or services under these Terms or any other agreement between you and Intelligent Ag.
You agree to defend, indemnify, and hold harmless Intelligent Ag and its affiliates, and each of their directors, officers, employees, and agents, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your breach or violation of any representations, warranties, covenants, obligations or other provisions set forth in these Terms, or the failure to fulfill any obligations relating to your use of the Services, or your account, incurred by you or any other person using your account, including, but not limited to, any failure on your part to provide or update full and complete information in connection with your registration with the Services.
We reserve the right, but not the obligation, to take over the exclusive defense and control of any claim for which we are entitled to indemnification under these Terms. In such event, you hereby agree to cooperate and help us in asserting any defenses to such claims.
- Limitation of Warranties and Disclaimer
Intelligent Ag disclaims any and all liability for the acts, omission, and conduct of any users or third parties in connection with or related to your use of the Services. Users are completely responsible for their use of the Services and any linked sites therein. Users’ sole remedy against Intelligent Ag for dissatisfaction with the Services or any content is to stop using the Services or any such content at once. This limitation of relief is a part of the bargain between the parties.
THE SERVICES MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES. UNLESS OTHERWISE EXPRESSED, THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTY AND INTELLIGENT AG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICES ARE ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Furthermore, you understand and agree that:
- Any content obtained through the use of the Services is done at your own discretion and risk, and that you are solely responsible for any damage to your computer, devices, or any property for any loss of data that may result from the access or use of such content;
- No information or advice, whether expressed, implied, oral, or written, obtained by you from Intelligent Ag or its affiliates (and each of their agents or representatives) or through the Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms; and
- Intelligent Ag disclaims all warranties whatsoever, whether express or implied, related to the safety of any user or user’s property.
- Limitation of Liability
IN NO EVENT WILL INTELLIGENT AG OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (v) COST OF REPLACEMENT GOODS OR SERVICES; OR (vi) DAMAGE OR INJURY TO PERSON OR PROPERTY, IN EACH CASE REGARDLESS OF WHETHER INTELLIGENT AG WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL INTELLIGENT AG’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE GREATER OF: (i) ANY FEES PAID BY YOU TO INTELLIGENT AG IN CONNECTION WITH THE SERVICE TO WHICH THE CLAIM RELATES, OR (ii) ONE-HUNDRED DOLLARS ($100).
- Governing Law
These Terms shall be construed and governed in accordance with the laws of the State of North Dakota, without giving effect to any choice or any conflicts of law provisions or rules. Any action relating to these Terms shall be brought in the federal or state courts located in the City of Fargo, State of North Dakota. You hereby agree to personal jurisdiction and submit to venue by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- Termination of Use
You agree that we may, in our sole discretion, limit, suspend, or terminate your access to all or part of the Services without notice and cause. Any suspected illegal, fraudulent, or abusive activity is also grounds for terminating your relationship and such activity (including your personal information) may be referred to appropriate law enforcement authorities.
Upon suspension or termination of these Terms, your right to access or use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have provided to us, including any account or login information, in accordance with these Terms.
- Geographic Location
Intelligent Ag is based in the United States and our offering of the Services is not intended to subject us to any laws in any jurisdiction outside of the United States. Be aware that access of the Services may result in the transfer of your information to servers located in the United States. If you access the Services from outside of the United States, you consent to all such transfers. You also do so on your own initiative and are responsible for compliance with local laws. We make no claims that the Services or any of its content complies with any laws outside of the United States.
It is expressly agreed that Intelligent Ag and all users shall be independent contractors of each other and that the relationship between the parties shall not constitute a partnership, joint venture, or agency. Neither Intelligent Ag nor any user shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.
In addition to these Terms, you may enter into other agreements with us that will govern your use of the Services. If there is any contradiction or conflict between these Terms and another agreement you enter into with us applicable to the Services, the other agreement shall take precedence in relation to the specific aspects of the Services governed by such agreement.
If any part, term, or provision of these Terms is held to be illegal, in conflict with any law, or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected, and the rights and obligations of the parties shall be construed and enforced as if these Terms did not contain the particular part, term, or provision held to be illegal or invalid.
Headings of the articles and sections in these Terms are for reference purposes only and shall not be deemed to have any substantive effect.
The provisions of these Terms shall survive any expiration or termination of these Terms or completion of any services hereunder to the extent necessary or appropriate to carry out the intent of such provisions.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
- Contact Us
If you have questions regarding these Terms or the Services, please contact us at:
Intelligent Agricultural Solutions, LLC, 1810 NDSU Research Circle N., Fargo, ND 58102