Terms of Service
AgCelerate
Phone Numbers
Sales and Support: (866) 784-4630



Data Security Officer
Mike Hillhouse Business & Technology Services Mike.Hillhouse@agdata.net (704)367-4692

Terms of Service and
Conditions of Use


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

AgCelerate, powered by AGDATA, LP, is aware that the security of your private information from the use of our website is an important concern and AgCelerate takes the protection of your personal data seriously. By accessing the AgCelerate website and subscribing as a user of the AgCelerate website and process, you are agreeing that these terms of service and conditions of use create a valid and enforceable contract between you and AGDATA, LP.

Website and Features

This website and all of its features, information, content, data, processes, user interfaces, stewardship profile data, trademarks, copyrights and other intellectual property is owned by AGDATA, L.P. (“AGDATA”) and each user hereby recognizes and agrees, unless otherwise agreed to by AGDATA and the user in a written agreement executed by both parties, that such user has no ownership or rights in any of such property and that AGDATA has ownership, possession and user rights superior to that of such user.

Confidentiality and Non-Disclosure

The user of this website agrees that any and all non-user inputted information obtained through the use of this website 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 which user has a license for may be used solely for internal business purposes 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 confidentiality and non-disclosure provisions.

Data Collected by AgCelerate

Various non-inputted data is collected each time a person visits the AgCelerate website, including the name of the visitor’s internet service provider, the website used by the visitor to link to the site, the websites the visitor accesses from our site and the visitor’s IP-Address. This data is owned and used by AGDATA for statistical and other purposes. AGDATA will not use such data in a manner that identifies you to any third party. Additionally, this data and your identity will not be transmitted to third parties to solicit to you various goods or services unless you request or have requested otherwise, or unless such transmission is helpful in providing you goods or services you have already requested.

Submissions

Certain data, such as e-mail addresses, may be collected through registration, completion of forms or e-mails, as part of an order for products or services, inquiries or requests about materials being ordered and similar situations in which users have chosen to provide information to AGDATA. Except as restricted under the Sharing of Data provisions herein, all information submitted to AGDATA via the use of the website shall be owned by and remain property of AGDATA, and AGDATA shall be free to use, for any purpose (except as otherwise set forth in this Terms of Service and Conditions of Use), any data, idea, concept or technique submitted to AGDATA through the website. Except as otherwise agreed to by AGDATA or required by applicable law, AGDATA is not subject to any confidentiality or non-disclosure obligations covering submissions to this website.

Purpose, Correction and Retention

The data we collect will be used to supply users with requested products and services, as well as other uses allowed by law. However, AGDATA will not use the data to identify any user as set forth in this Terms of Service and Conditions of Use. If you believe data submitted to AGDATA may be out of date or incorrect, please contact AGDATA to update or correct the data. Data collected and owned by AGDATA will be retained and used in a lawful manner.

No Warranties

All information and materials contained on this website including text, compilations, data, profiles, graphics, links or any other item are provided “AS IS” and AGDATA is making no warranty 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. The user recognizes that AGDATA is not making any warranties of any kind in connection with the website including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and freedom from computer viruses.

Indemnification

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 the terms of this agreement.

Damages

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.

Sharing of Data

AGDATA hereby agrees that any data submitted to AGDATA by a user of the website which is personally identifiable information with respect to such user will be held by AGDATA and not distributed to any person or third party except to those parties with whom the user has a business relationship with based on the execution of various technology agreements and to retailers or other channel partners who are business partners of both the user and the applicable counter-party to a technology agreement. AGDATA will not distribute any personally identifiable information of a user (except as provided above) to any person for the purposes of marketing, soliciting or advertising products and/or services. Any data submitted to AGDATA that is not personally identifiable information is owned by and may be used by AGDATA in any manner that AGDATA determines.

BY AGREEING TO THESE TERMS AND CONDITIONS, THE USER UNDERSTANDS THAT DATA SHARED WITH THIRD PARTIES IN ACCORDANCE WITH THE PRECEDING PARAGRAPH MAY BE USED BY SUCH THIRD PARTIES FOR MARKETING AND OTHER COMMUNICATION PURPOSES.

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.

Representations

Each user of this website hereby represents to AGDATA and agrees that any data submitted through the use of this website to AGDATA 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 technology agreement between such user and a trait manufacturer or provider. 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 site and the property in contains; 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 site; transmit or otherwise install any virus or other code that can destroy, disrupt, corrupt or otherwise impair the functionality of the site; use the site or its services/property for any fraudulent or illegal purpose; interfere with another user’s use of the website; violate any applicable international, federal, state or local law, rule, regulation or ordinance; or violate any of these terms and conditions.