Terms of Use

farmNXT Inc.

Website Terms of Use

1.Introduction

The following terms and conditions (the “Terms of Use”) are the Terms of Use for our website: www.farmnxt.com (the “Site”) made available by farmNXT Inc. (“farmNXT”, “we”, “us” or “our”).

The contents of the Site include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.

These Terms of Use constitute a legally binding agreement between you and farmNXT regarding your use of and access to the Site, which includes, without limitation, visiting or browsing the Site.

These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with farmNXT, unless otherwise agreed to in writing by farmNXT. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.

2.Provision of the Site by farmNXT

You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you.

You acknowledge and agree that farmNXT may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at farmNXT’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform farmNXT when you stop using the Site or any of its features.

3.Use of the Site by You

Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations.

In order to access certain products and services, you may be required to provide information about yourself (such as identification or contact details). You agree that any information you give to farmNXT will always be accurate, correct and up to date.

Unless you have been specifically permitted to do so in a separate agreement with farmNXT, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents or any farmNXT products and services for any purpose.

You agree that you are solely responsible for (and that farmNXT has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which farmNXT may suffer) of any such breach.

4.Use of the Site through Mobile Devices

You may access and use the Site through a mobile device, including through a mobile application. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Site through a mobile device.

5.Accepting the Terms of Use and Additional Terms

By accessing and using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein.  Before continuing to use the Site, please read these Terms of Use and contact us if you have any questions.

farmNXT reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Site (“Additional Terms”).  By accessing and using the Site, you accept and agree to comply with and be bound by such Additional Terms.  Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.

The Additional Terms and the Privacy Policy (located on the Site) are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.

6.Links to Third-Party Sites

Use of certain links on the Site will direct you away from the Site to third party websites. Such third party websites are not under the control of farmNXT, and farmNXT is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by farmNXT of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.  You acknowledge and agree that farmNXT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party websites.

7.Privacy and Personal Information

By accessing or using the Site, you understand that we will collect and use certain information about you, including personal information.

For more information about farmNXT’s collection, use, disclosure and protection of your personal information, please read our privacy policy at www.farmxt.com/privacy.

Questions or requests with respect to your personal information may be sent via email to info@farmnxt.com.

8.Ownership of Intellectual Property Rights

The Site together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Site, is the exclusive property of farmNXT, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with farmNXT, nothing in these Terms of Use gives you a right to use any of the Contents, farmNXT’s trade-marks or other intellectual property of farmNXT.  You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.

No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of farmNXT or any third party.  You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.

Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

You may not create a link to the Site without farmNXT’s prior permission.  We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray farmNXT or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.

The limited rights granted to you under these Terms of Use may be revoked by farmNXT at any time for any reason whatsoever.

9.Third-Party Information

Any third-party content, data or publications made available through the Site are furnished by farmNXT on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of farmNXT. FARMNXT DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

10.No Warranty

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FARMNXT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

FARMNXT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.Limitation of Liability

SUBJECT TO SECTION 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FARMNXT, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

THE LIMITATIONS ON FARMNXT’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT FARMNXT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

12.Termination

We may terminate your use of the Site and/or access to the Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and farmNXT have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

13.General

These Terms of Use, together with any Additional Terms, including the Privacy Policy, constitute the entire agreement between you and farmNXT relating to your use and our provision of the Site.

You agree that farmNXT may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.

You agree that if farmNXT does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which farmNXT has the benefit of under any applicable law), this will not be taken to be a formal waiver of farmNXT’s rights and that those rights or remedies will still be available to farmNXT.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.

14.Obtaining farmNXT’s Consent

To request the consent of farmNXT for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to info@farmnxt.com.  farmNXT reserves the right to refuse any such requests in its sole discretion.