Farm by Phone

Terms of Service
This Agreement is between Ag Connections, Inc. (“Ag Connections”) and you (“you” or “Customer”), as an authorized user of Farm By Phone services, and governs the terms and conditions of your use of the Farm By Phone services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Ag Connections (collectively, the “Agreement”), constitutes the entire agreement between Ag Connections and you regarding the Farm By Phone services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Ag Connections related to the Services shall be pursuant to a separate agreement governing Customers’ use of such software. For purposes of this Agreement, “Farm By Phone services” or “Services” are defined as any and all services provided by Ag Connections to you either now or in the future. By using Farm By Phone services, you confirm your acceptance of, and agree to be bound by, this Agreement.

 

If you begin the sign-up process for Farm By Phone services but fail to complete the process, Ag Connections may contact you via email or telephone in an effort to help successfully guide you through this process. You hereby authorize Ag Connections to make such contact, although both you and Ag Connections acknowledge that this implies no obligation on your part to subsequently subscribe to Farm By Phone Services. 

 

1. Ag Connections Services

Ag Connections offers Farm By Phone services at its website, http://www.farmbyphone.com (together with other websites owned and operated by Ag Connections, the “Farm By Phone Website”). This service is comprised of a Farm By Phone account by which the user is given access to one or more phone numbers, voice mailboxes, and a fax number, for the purpose of recording agricultural production records. The Farm By Phone service offer includes the transcription of spoken, written, and/or electronic application records into a database in which a historical record of a user’s applications is kept. A set of reports, defined by Ag Connections, and which may change without notice, will be generated from the database and provided to the user on demand, either through the Farm By Phone Website, or through email or fax.
 

The user is currently not charged for receiving reports; however, this may change (See Section 10 for notification of changes of service,) and the provision of reports by the Farm By Phone service is subject to the service’s Fair Use policy (Section 2.)
 

Growers pay for this service on a per-application-acre basis, in other words, per unit area (acre) for which field operations are reported.

2. Ag Connections Service Usage; Fair Use Policy

Ag Connections, Inc. encourages its customers to take full advantage of its services. However, if a user were to abuse those services to the extent that other customers were adversely affected, Ag Connections reserves the right to enforce the Farm By Phone Fair Use Policy, described below:

 
a. For purposes of this policy, “usage” means the number of interactions with the Farm By Phone service, including but not limited to application, work order, and scouting notifications, product requests, base data revisions, and support interactions. Ag Connections reserves the right to revise the Farm By Phone Fair Use Policy as is needed to ensure that customers’ experiences are not adversely affected by others’ misuse of the service.
 

b. In the case of support interactions (including report requests), users that exceed twice the average level of interactions, averaged across all Farm By Phone users, may be subject to an additional $50 service fee for the months in which the excessive interactions occurred, or a charge of $5 per report, at Ag Connections’ discretion.

 

c. If a user is found to have misstated his/her field areas for the purposes of decreasing Farm By Phone service charges, the user may be either billed for past application charges so as to bring their account charges to the correct current amount, or the user may have his/her account terminated, at Ag Connections’ discretion. Concomitantly, if, at the end of a monthly billing period, the average cost of the user’s applications during that month is less than $5 (five dollars) per application (i.e., 33.33 acres at $0.15 per application-acre), Ag Connections reserves the right to adjust the monthly bill to meet the minimum of an average of $5 per application. This will appear as an “Acreage Adjustment” item on your monthly bill.

 
d. Notwithstanding the foregoing items in the Fair Use Policy, Ag Connections reserves the right to terminate or suspend your account without prior notice in the event of a policy violation.
 
e. Ag Connections provides its customers access to their Farm By Phone dictations via the Farm By Phone website. Ag Connections may restrict each user to 2 Gigabytes of stored messages. Once a user’s message archive exceeds this limit, the oldest dictations may be deleted as Ag Connections sees fit. Ag Connections reserves the right to modify the size of user storage space at any time.
 

3. Storage of Data

While your Farm By Phone account is active, Ag Connections will store up to 2 Gigabytes of messages received as stated previously. Ag Connections will also store the transcribed message data in the user’s database for the duration of the period in which the user is a Farm By Phone customer. If a user chooses to no longer be a Farm By Phone customer, Ag Connections is no longer bound to store any recorded messages. Ag Connections will, upon request, export a former user’s transcribed message data into Microsoft Excel or Comma-Separated-Value format and make available that data to the former customer. After discontinuing his/her Farm By Phone account, a user has a period of 60 days to request an export of his/her data.  You acknowledge that Ag Connections may change its practices and limitations concerning storage of recorded messages and transcribed message data at any time, as provided in Section 10 of this document.You further agree that Ag Connections has no responsibility or liability whatsoever for the deletion, or failure to store, any recorded messages or transcribed message data and/or other communications maintained or transmitted by the Farm By Phone service.

4. Privacy Policy

Ag Connections is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available http://www.farmbyphone.com/privacy.aspx. If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use customers’ personally identifiable information in a manner different from that stated at the time of collection, we will notify customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if customers have deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect customer information already stored in our database, we will post a prominent notice on our Web site notifying customers of the change. In some cases where we post a notice we will also email customers , notifying them of the changes in our privacy practices.

5. Customer Responsibilities

You are fully responsible for the contents of your transmissions through the Farm By Phone service. Ag Connections simply acts as a conduit for you to send, store, and receive agricultural production recordkeeping information. However, Ag Connections reserves the right to take any action with respect to the services that Ag Connections deems necessary or appropriate in its sole discretion if Ag Connections believes you or your information may create liability for Ag Connections, compromise or disrupt the services for you or other customers, or cause Ag Connections to lose (in whole or in part) the services of Ag Connections’s ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising). You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the services to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the services for chain letters, junk fax or junk voice or e-mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another customer’s use and enjoyment of the services or another entity’s use and enjoyment of similar services.

 

You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access, phone service, SMS, and email service) required for you to access and use Ag Connections Services; (b) maintain any security of your Customer identification, and other confidential information relating to your Ag Connections account and; (c) be responsible for all charges resulting from use of your Ag Connections account, including unauthorized use prior to your notifying Ag Connections of such use and taking steps to prevent its further occurrence.

6. Termination

a. Either you or Ag Connections may terminate your Farm By Phone account at any time, with or without cause, upon notice. Any such notice by you to Ag Connections must be submitted by mail (to Ag Connections), or from a previously authorized phone number or a previously authorized email account. In the case of voice or email communication, the message must be logged in as a Support call or message in the Farm By Phone system. Ag Connections also reserves the right to terminate or suspend your Ag Connections account without prior notice, provided that Ag Connections will attempt to confirm such termination or suspension by subsequent notice.

b. Ag Connections may automatically terminate your Farm By Phone account without notice if: no recorded messages or other notifications from the user are received for a period of twelve months.

7. Customer Representations

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Ag Connections Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

8. Modifications to Customer Agreement

Ag Connections may automatically amend this Agreement at any time by (a) posting revised Ag Connections Terms of Service on the Farm By Phone Website, and/or (b) sending information regarding the amendment to the email address you provide to Ag Connections. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE FARM BY PHONE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE FARM BY PHONE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and Ag Connections.

9. Modification of Services

Ag Connections reserves the right to modify or discontinue any of the Services with or without notice to you. Ag Connections shall not be liable to you or any third party should Ag Connections exercise its right to modify or discontinue the Services. In the event of discontinuation of services, Ag Connections is no longer bound to store any recorded messages. Ag Connections will, upon request, export a former user’s data into Microsoft Excel or Comma-Separated-Value format and provide those data back to the former customer. After discontinuing his/her Farm By Phone account, a user has a period of 60 days to request an export of his/her data.

10. Member Account and Security
As part of the registration process, you will be required to provide a cell phone number and/or email address, and to select a password. Once you become a registered user, your Farm By Phone username will be automatically sent to you by email or text message. You may change your password after logging in to the Farm By Phone Website. You are entirely responsible for failing to maintain the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Ag Connections of any unauthorized use of your account or any other breach of security known to you. Ag Connections monitors the phone numbers of Farm By Phone users, and restricts access to the service to only those authorized phone numbers, unless special arrangements are made with you, that allow Ag Connections to ascertain your identity when you send data through the Farm By Phone service. 

11. Disclaimer of Warranties and Limitation of Liability
a. FARM BY PHONE AND ALL AG CONNECTIONS SOFTWARE AND SERVICES ARE PROVIDED “AS IS,“ AND NEITHER AG CONNECTIONS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. AG CONNECTIONS DOES NOT WARRANT THAT ACCESS TO, OR USE OF, AG CONNECTIONS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT AG CONNECTIONS SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. AG CONNECTIONS AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

b. YOUR USE OF FARM BY PHONE AND ALL AG CONNECTIONS SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING AG CONNECTIONS SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM AG CONNECTIONS. YOU AGREE THAT NEITHER AG CONNECTIONS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE FARM BY PHONE OR ANY AG CONNECTIONS SOFTWARE OR SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AG CONNECTIONS OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF AG CONNECTIONS AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE AG CONNECTIONS SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE AG CONNECTIONS SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU HEREBY RELEASE AG CONNECTIONS AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

c. NEITHER AG CONNECTIONS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF AG CONNECTIONS’ OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, CELLULAR PHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.

d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF AG CONNECTIONS, IN EVALUATING THE FARM BY PHONE SERVICES AND/OR PRODUCTS OF AG CONNECTIONS.

12. Ownership
a. All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Farm By Phone Service are wholly owned by Ag Connections and/or its licensors and service providers except where expressly stated otherwise.

b. YOU UNDERSTAND AND AGREE THAT AG CONNECTIONS MAY FROM TIME TO TIME NEED TO CHANGE THE FARM BY PHONE FAX, DATA, SUPPORT, AND/OR SALES NUMBERS ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN AG CONNECTIONS’ CONTROL). YOU AGREE THAT AG CONNECTIONS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE FARM BY PHONE NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF AG CONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE FARM BY PHONE NUMBER ASSIGNED TO YOU BY AG CONNECTIONS AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE AG CONNECTIONS THE RIGHT TO IMMEDIATELY TERMINATE YOUR FARM BY PHONE ACCOUNT WITHOUT NOTICE.

13. Indemnification
You agree to indemnify Ag Connections and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims based upon use of your Farm By Phone account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited emails or text messages.

14. No Resale Of The Services
Your right to use the Services is personal to you. You agree to not resell the use of the Farm By Phone services. Ag Connections may expressly authorize certain parties to provide Farm By Phone services to their clients. Unless authorized by Ag Connections, the resale or extended provision of service to other entities besides the contracted party may result in cancellation of service.

15. Participation In Promotions Of Advertisers
You may enter into correspondence with, or participate in, promotions of advertisers showing their products on the Farm By Phone services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Ag Connections assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

16. Notices; Consent
Notices given by Ag Connections to you will be provided by email, a posting on the Farm By Phone Website, telephone call, SMS, or by conventional mail. In any matter requiring Ag Connections’ prior consent, such consent will be considered given only if submitted in writing by an authorized representative of Ag Connections. Notices from you to Ag Connections must be submitted by email or by conventional mail (subject, however, to Ag Connections’s verification procedures, as may be established by Ag Connections from time to time in its sole discretion, and which may include the requirement that you contact Ag Connections by phone so as to confirm that any such notice was in fact sent by you.) Notices to Ag Connections by conventional mail must be sent to Farm By Phone, P.O. Box 1700, Murray KY 42071-0031, U.S.A. 

17. General Terms
THE LAWS OF THE STATE OF KENTUCKY, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE AG CONNECTIONS SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE AG CONNECTIONS SOFTWARE OR SERVICES RESIDES IN THE COMMONWEALTH OF KENTUCKY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Ag Connections’s failure to act with respect to a breach by you or others does not waive Ag Connections’s right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.

 

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.

 

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.