ACCEPTANCE
OF TERMS.
The services that AgDataOne provides to you are subject to the following Terms
of Use ("TOU"). AgDataOne reserves the right to update the TOU at
any time without notice to you. The most current version of the TOU can be
reviewed by clicking on the "Terms of Use" hypertext link located
at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, AgDataOne provides you with access
to a variety of resources, including developer tools, download areas, communication
forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement disclosures relating
to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software that is made available to download from the Services ("Software")
is the copyrighted work of AgDataOne and/or its suppliers. Use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement").
An end user will be unable to install any Software that is accompanied by
or includes a License Agreement, unless he or she first agrees to the License
Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AgDataOne
Inc. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AgDataOne MAY MAKE AVAILABLE AS PART OF THE SERVICES
OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD.
AgDataOne DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE
TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN AgDataOne SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from the Services
for or on behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is AgDataOne Inc., 457 Olive Hill
Way, Fallbrook, Ca. 92028
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational institutions,
such as K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents specified above do not include the design or layout of the AgDataOne.com
Web site or any other AgDataOne owned, operated, licensed or controlled
site. Elements of AgDataOne Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any AgDataOne Web
site may be copied or retransmitted unless expressly permitted by AgDataOne.
AgDataOne AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. AgDataOne AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL AgDataOne AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. AgDataOne AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
WEB SITE.
IN NO EVENT SHALL AgDataOne AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete
the registration process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You also will
choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You
agree to notify AgDataOne immediately of any unauthorized use of your account
or any other breach of security. AgDataOne will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable
for losses incurred by AgDataOne or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services
for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Services in any manner that could damage,
disable, overburden, or impair any AgDataOne server, or the network(s) connected
to any AgDataOne server, or interfere with any other party's use and enjoyment
of any Services. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected to any
AgDataOne server or to any of the Services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available through
the Services.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You
agree to use the Communication Services only to post, send and receive messages
and material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name, material
or information.
- Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws
(or by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any
copyright, trademark, patent, trade secret, or other proprietary right
of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs
that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally reproduced,
displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof.
AgDataOne has no obligation to monitor the Communication Services. However,
AgDataOne reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. AgDataOne reserves
the right to terminate your access to any or all of the Communication Services
at any time, without notice, for any reason whatsoever.
AgDataOne reserves the right at all times to disclose any information as
AgDataOne deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in AgDataOne's sole discretion.
Always use caution when giving out any personally identifiable information
about yourself or your children in any Communication Services. AgDataOne
does not control or endorse the content, messages or information found in
any Communication Services and, therefore, AgDataOne specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Services. Managers
and hosts are not authorized AgDataOne spokespersons, and their views do
not necessarily reflect those of AgDataOne.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; you are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO AgDataOne OR POSTED AT ANY AgDataOne WEB SITE.
AgDataOne does not claim ownership of the materials you provide to AgDataOne
(including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") your Submission
you are granting AgDataOne, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses (including, without limitation, all AgDataOne Services),
including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any supplier of the
Services.
No compensation will be paid with respect to the use of your Submission,
as provided herein. AgDataOne is under no obligation to post or use any
Submission you may provide and AgDataOne may remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in these Terms
of Use including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or any
content and/or images contained in such Images consistent with the manner
and purpose of your use and as otherwise permitted by these Terms of Use
and the Services, (b) you have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent to the use of the
Images as set forth in these Terms of Use, including, by way of example,
and not as a limitation, the distribution, public display and reproduction
of such Images. By Posting Images, you are granting (a) to all members of
your private community (for each such Images available to members of such
private community), and/or (b) to the general public (for each such Images
available anywhere on the Services, other than a private community), permission
to use your Images in connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way of example, and not as
a limitation, making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Images without having your
name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images
from the Services, provided that, such termination shall not affect any
licenses granted in connection with such Images prior to the time you completely
remove such Images. No compensation will be paid with respect to the use
of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE
A RESPONSE.
See Notice and Procedure for Making Claims
of Copyright Infringement.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE AgDataOne'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF AgDataOne AND AgDataOne IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE,
OR ANY CHANGES OR UPDATES TO SUCH SITES. AgDataOne IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
AgDataOne IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY AgDataOne OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
AgDataOne OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS,
OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN AgDataOne'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO AgDataOne. SO, PLEASE DO NOT SEND YOUR UNSOLICITED
IDEAS TO AgDataOne OR ANYONE AT AgDataOne. IF, DESPITE OUR REQUEST THAT
YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND
THAT AgDataOne MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2001 AgDataOne Incorporated, 1231
E. 2200 N
Mansfield, Ill 61854. All rights reserved.
TRADEMARKS. Seed To Shelf, Grower Standard Sites, Agent standard
sites and/or other AgDataOne products referenced herein are either registered
trademarks or trademarks of AgDataOne Incorporated in the U.S. and/or other
countries. The names of actual companies and products mentioned herein may
be the trademarks of their respective owners. The example companies, organizations,
products, domain names, email addresses, logos, people and events depicted
herein are fictitious. No association with any real company, organization,
product, domain name, e-mail address, logo, person, or event is intended
or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:

Last Updated: March 15, 2002
© 2001, AgDataOne Incorporated. All rights reserved.