Privacy and Terms

PRIVACY POLICY

Last Updated: January 3, 2022

This Privacy Policy (this “Policy”) describes the practices of Growers Edge Financial, Inc. (“Growers Edge”) and affiliates, for collecting, using, maintaining, disclosing, and otherwise processing (collectively, “processing”) the information that we collect from you or receive from others, as well as how we protect and secure your data. If you have additional questions regarding your rights under this Policy or any agreement you may have with Growers Edge regarding your data, please contact us. Please read this Policy carefully to understand our processing of your information and how we will treat it.

This Policy applies generally to the information that Growers Edge processes. However, this Policy is subordinate to any agreement or other specific terms and conditions set forth in any contract you may have with Growers Edge relating to a product, service, or data.

Further, this Policy applies only to information Growers Edge processes. This Policy does not apply to information processed by others, who may have their own privacy policies that apply to you. For example, Growers Edge contracts with agricultural retailers, clients, and other business partners to provide services to certain customers. If you are one of these customers, the information you provide to your retailer or other entity is subject to that entity’s privacy policy. Please know it is our policy, however, to treat all Personal Information received from our retailers, clients, and other business partners with the same or greater care that they use, and to use Personal Information received from them only for the limited purposes specified in our agreement with them.

 

1. What information does Growers Edge collect?

Growers Edge generally collects information that we categorize as either Personal Information or Non-Personal Information. We collect this information when you provide it to us, when you purchase or inquire of our goods or services, when you use our goods and services, and when you work our business partners.

“Personal Information” is information that can be used to identify, locate, or contact you, a natural person, as well as any other information about you that we may connect with Personal Information, and including any information otherwise defined as personal information under applicable law. Personal Information we collect includes:

  • Identifying information, such as your full name and federal or state issued identification numbers, which may include your Social Security number, driver’s license number, and passport number.
  • Contact information, such as your name, email address, phone number, and physical address.
  • Financial information, such as your financial institution’s account number, account balance, and transaction history, including purchases made, as well as your banking information as necessary to process payments for Growers Edge’s goods and services.
  • Relationship information, such as your preferences with respect to or potential interest in Growers Edge’s or its business partners’ goods and services.
  • Transactional information, such as purchases, services requested, customer service inquiries, session data, customer account activity, and other customer account information.
  • Identifiable Internet information, such as browser history and usage information, as well as interaction with our websites or advertisements, but only to the extent such information is kept in a form that can identify you.
  • Identifiable agricultural information, such as agronomic data, crop and field information, planting data, seed type, yield, disease and pest management applications, fertilizations, and prescriptions, land data, such as soil and fertility data, topographical, elevation, watershed, and drainage data, geospatial information, and tillage and conservation data; machine data, such as telematics information, machine health, fuel consumption, load, use, and other machine performance data; and climate and weather data, such as precipitation, wind speed and direction, temperature, and other weather information, but only to the extent such information is kept in a form that can identify you.
  • Identifiable geolocation information, such as the GPS information received from your device, but only when kept in a form that can identify you.

 

“Non-Personal Information,” on the other hand, is information that does not identify you as a natural person and is not identifiable to you as a natural person. For example, Non-Personal Information that we collect includes:

  • Cookies and other similar tracking technologies processed in a non-identifiable way.
  • Agricultural information kept in a form that does not identify you.
  • Geolocation information kept in a form that does not identify you.
  • Information we anonymize by rendering it unidentifiable to a natural person.
  • Information we aggregate by combining it with other data in such a way that no natural person can be identified or linked to any specific information.
  • The name, form, contact details, relationship information, transaction history, or financial information of legal persons. By “legal persons,” we refer to legal, business entities other than natural persons, such as corporations, limited liability companies, non-profit organizations, and other business entities.

 

2. Why does Growers Edge collect this information?

Growers Edge collects and processes Personal Information for a variety of purposes depending on the information being processed. Growers Edge processes Personal Information to serve our retailers, clients, and business partners, to serve you, to deliver our goods and services to you, to improve our goods and services, and, subject to your ability to opt out, to market goods and services to you. Growers Edge may also process Personal Information as necessary to comply with a legal obligation, and for other purposes that we have disclosed to you at the time of collection.

In other words, Growers Edge uses your Personal Information for the following purposes:

  • To serve our retailers, clients, and other business partners, which may include your agricultural products and services provider, by creating a plan of recommended products and services for you.
  • To oversee and complete transactions with our retailers, clients, business partners, and with you.
  • To prepare, deliver, maintain, or otherwise provide our goods and services to you.
  • To support and improve our goods and services, including the research and development of new or existing goods and services and for the training and modeling of our algorithms and the creation of derivatives of the same.
  • To set up and maintain your user account and allow you to interact with Growers Edge online.
  • To provide you with customer service by resolving disputes, addressing complaints, and troubleshooting any technical problems encountered.
  • To measure and understand the effectiveness of our goods and services.
  • To comply with applicable laws and regulations. Please note that if we are asked to provide Personal Information pursuant to a lawful subpoena or court order, we will first attempt to notify you unless a court has ruled otherwise. We will further endeavor to verify all requests and only disclose the information legally requested.
  • To communicate offers for additional goods and services, including offers based on your interests in and purchase of our goods and services, to administer promotional events, and to engage in other marketing activities that may be of interest to you. Please note that we will provide you the opportunity to opt out of direct marketing communications or market research inquiries, but we will still need to gather certain Personal information as necessary to accomplish these other purposes described here.

 

If we would like to process your Personal Information for any other purpose, we will disclose this to you at the time it is collected and may request your express consent.

With respect to Non-Personal Information, because this information does not identify a natural person, Growers Edge may use and process it for other purposes, such as creating and publishing reports, conducting statistical analyses about customer interest, monitoring industry trends, and otherwise engaging in activities that do not result in the disclosure of identifiable information.

To be clear, Growers Edge is committed to respecting your privacy and will only process your Personal Information for the reasons disclosed herein or as requested at the time of collection, and then only in the context of your or your financial institution’s or insurance agency’s relationship with Growers Edge. Growers Edge will not sell, rent, or lease your Personal Information to others outside of Growers Edge.

 

3. Will Growers Edge share this information with third parties?

To provide certain services, Growers Edge may have to share information with third parties who use our goods and services or provide goods or services to us, such as our clients, business partners, service providers, vendors, or developers and operators of software used in our services.

We will maintain controls and oversight, including contractual obligations where appropriate, to ensure that any third party who we engage to assist us in processing your Personal Information will only have access to the Personal Information necessary for it to perform specific, designated tasks on our behalf, will only use the information for this purpose, and will protect your Personal Information to at least the same extent that we do. In other words, we will require all third parties with whom we share your Personal Information to be obligated to follow the same commitments we make to you. Furthermore, prior to sharing your Personal Information with any third party, we will evaluate such third party to ensure it can meet these obligations.

Please note, however, that this Policy applies only to information that we process and share with others—it does not apply to Personal Information that you share with third parties.

Growers Edge may also share information to comply with our legal obligations, such as responding to lawful requests from government or judicial entities. In the event we are asked to disclose your Personal Information, we will attempt to validate the request and inform you of it prior to disclosure.

Finally, Growers Edge may disclose Personal Information where needed as part of a sale or transfer of our assets, enforce our rights, protect our property, or protect the rights, property, or safety of others, or as is needed to support external auditing, compliance, and governance functions. That said, any successor entity of Growers Edge will only be permitted to access Personal Information if they are subject to the same commitments we have made to you.

If Growers Edge needs to share your Personal Information for a purpose not identified here, we will obtain your consent before doing so and will disclose this purpose at the time of obtaining your consent. For example, Growers Edge may wish to use your information in demonstrations or other marketing materials and, if so, will contact you before doing so.

With respect to Non-Personal Information, because this information does not identify a natural person we may share it as we find appropriate to improve our services. For example, we may engage expert partners to lead reviews of anonymized, aggregated data that we can then use to ensure we are providing you, our clients, and business partners with the best possible product. In the event we disclose anonymized or aggregated data, we will prohibit the recipient from attempting to re-identify any of this data.

 

4. How long will Growers Edge keep my information?

Growers Edge keeps different kinds of information for different lengths of time depending on the purpose for which it is processing the information and depending upon your specific situation. In any event, Growers Edge will retain your Personal Information as long as necessary to accomplish the relevant purpose, but no longer.

 

5. How does Growers Edge keep my information secure?

Taking into account the nature of the information gathered and the prevailing industry standards, Growers Edge maintains a comprehensive security program that is reasonably designed to protect the security, confidentiality, and integrity of your Personal Information through administrative, technical, and physical controls appropriate to the sensitivity of the information. Moreover, when developing or improving our goods and services, we incorporate privacy and security into our design. For example, we ensure that only employees who need the Personal Information to perform the purposes above are granted access, and that the devices on which such Personal Information is secured are kept in a secure environment protected from loss, misuse, unauthorized access, disclosure, modification, or other security incidents. For further example, we ensure any sensitive information is kept encrypted and is transmitted only in a secure way. For more information on Growers Edge’s information security program, please see our Information Security Management System Overview, available here: www.growersedge.com/isms.

 

6. What are my choices with respect to my information?

Your first choice is always to limit the information you provide. You may also opt out of certain marketing information by visiting our website and communicating your choices to us, or by clicking “unsubscribe” at the bottom of marketing emails you might receive.

Regarding cookies and other tracking technologies, you can manage these by adjusting the settings on your browser, commonly referred to as the browser’s “Do Not Track” settings. All browsers are different, so you may need to visit the “help” section of your browser to learn more about cookie preferences and other privacy settings that may be available. You can also manage how your mobile device and mobile browser share location information with Growers Edge, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn more. In general, Growers Edge will comply with your browser’s “Do Not Track” settings.

Growers Edge will support your ability to access, correct, and delete your Personal Information. If we have obtained your Personal Information from your financial institution or insurance agency, however, we may confirm your request through them.

For assistance with exercising your choices, or if you have any questions about your choices, please contact us.

 

7. Regarding children under the age of 13:

Please note, Growers Edge does not intend to collect Personal Information from children under the age of 13. If you believe a child is providing us Personal Information, please contact us directly so we may investigate and delete it.

 

8. For international residents:

Growers Edge is headquartered in the United States of America. It and its authorized processors may transfer your information to the United States of America and access it from the United States of America for the purposes described in this Policy. Growers Edge protects the privacy and security of Personal Information in the manner described in this Policy regardless of where it is collected, stored, accessed, or otherwise processed.

 

9. For California residents:

This notice does not apply to employment-related Personal Information collected from California-based employees, job applicants, contractors, or similar individuals.

The California Consumer Privacy Act (the “CCPA”) affords those who reside in the State of California certain rights as a data subject. If you are a resident of the State of California, we encourage you to read and learn about those rights on your own, but the following will help you to begin to understand them:

  • Access: You have the right to request that we disclose certain information to you about our collection and use of your Personal Information.
  • Erasure: In some cases, you may have the right to request that we erase your Personal Information in our possession.
  • Data Portability: This allows you to request a copy of your Personal Information that we may have and transfer that information to someone else without any interference from us. In some cases, you may be able to request that we transfer your Personal Information directly to a third party on your behalf. We will verify any third party that purports to represent you prior to providing them a copy of your Personal Information.
  • The CCPA further provides California residents the right to direct us not to sell your personal information. WE DO NOT SELL YOUR PERSONAL INFORMATION.

 

We will not discriminate against you for exercising any of your CCPA rights.

The categories of Personal Information that we collect from California residents are described in Section 1, above, and include identifying, contact, financial, relationship, transactional, identifiable Internet, identifiable agricultural, and identifiable geolocation information. The purposes for which we process Personal Information is described in Section 2, above, and include servicing you, our clients, and business partners; overseeing and completing transactions; preparing, delivering, maintaining, and otherwise providing our goods and services; supporting and improving of our goods and services; setting up and maintaining user accounts; providing you with customer service, measuring and understanding the effectiveness of our goods and services, complying with laws and regulations; and communicating offers for goods and services subject to your opportunity to opt out of direct marketing communications or market research inquiries.

In addition, California’s “Shine the Light” law permits you to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

To make a request regarding any of these rights or to ask questions or provide comments about this Privacy Notice for California Residents, please contact us at support@growersedge.com. You may also call us at 515-726-3343, or write us at:

5435 NW 100th Street, Suite 200
Johnston, Iowa 50131

It is our policy to post any changes to this Privacy Notice on this page. We may or may not contact you directly concerning significant changes. We encourage you to visit this page periodically and check for changes. To the extent permitted by law, your continued use of our services after a change is deemed to be your consent to any such change.

 

10. Does this Policy ever change?

Growers Edge may post changes to this Policy on this page. Please refer to the “last updated” date above. Except where otherwise indicated in this Policy or where required by law, we may or may not contact you directly concerning certain changes, and therefore we encourage you to visit this page periodically and check. By using Growers Edge’s services or purchasing its goods after a change to this Policy, you are deemed to consent to any changes, unless otherwise provided by law.

 

11. How do I contact you?

For questions about this Policy or to exercise any of the rights or choices we have described in this Policy, please contact support@growersedge.com. You may also call us at 515-726-3343, or write us at:

5435 NW 100th Street, Suite 200
Johnston, Iowa 50131

 

 

TERMS OF SERVICE

Last Updated: January 3, 2022

These Terms of Service (these “terms”) contain the general terms and conditions that apply to customers, users, and visitors (collectively, “users,” or “you”) of Growers Edge Financial, Inc.’s (“Growers Edge’s” or “our”) online and mobile services, including the website growersedge.com, all services made available through the website, and all other applications, digital resources, or communications offered by Growers Edge including, without limitation, the Farm Manager Portal and YesterYield (collectively, the “services”). Growers Edge is a corporation organized under the laws of the State of Delaware, having its principal place of business in the State of Iowa.

These terms are an agreement between you and Growers Edge. Please read these terms carefully as they govern your conduct when using the services. These terms are incorporated into and are supplemental to Growers Edge’s Privacy Policy, as well as any other specific, written agreements you may have with Growers Edge with respect to a service. Unless you have a specific, written agreement with Growers Edge providing otherwise, each of these terms apply to you.

By using the services, such as by accessing the website or other applications, you accept and agree to be bound by and abide by these terms. By using these services you represent and warrant (a) you are eighteen (18) years of age or older; (b) you have good right, title, and authority to enter into these terms on your own behalf and on behalf of any entity or person whom you purport to represent (which entity shall be considered part of you for purposes of these terms); (c) the use of these services and the entering into of these terms has  been duly authorized and approved by any entity or person whom you represent; and (d) effective as of the date you first use the services, these terms constitute valid and binding obligations enforceable against you as described herein. If you do not agree to these terms or if you are unable to make the foregoing representations and warranties, you must not use the services.

Please note the information made available through the services has been compiled from both internal and external sources. Such information may include data prepared by third parties and provided by us or obtained from sources we believe to be reliable, but we cannot and do not guaranty the accuracy, timeliness, or completeness of such information for any particular purpose. Such information is inherently subject to change without notice and may become dated. You agree that we will not be responsible for any loss you experience as a result of your reliance on such information. We use reasonable efforts to make sure the information made available through our services is accurate and up to date, however, we do not represent or warrant that the information contained therein is accurate, compete, or fit for your particular purpose, and you should always verify any information obtained through our services before you act upon it. Please see Section 9 below for more information.

 

1. GRANT OF LICENSE

The services, including all displays, images, video, and audio, as well as the design, selection, and arrangement thereof, are owned and provided by Growers Edge.

Growers Edge hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide license to use the services subject to the restrictions in these terms. Growers Edge expressly reserves any rights not expressly granted herein. You are solely responsible for any hardware, software, and telecommunications necessary to access the services and Growers Edge makes no warranty or guaranty that the services will always be available or will not change.

 

2. LICENSE AND USE RESTRICTIONS

Except as expressly authorized under these terms or in a separate written agreement between you and Growers Edge, you may not:

  • copy, modify, or create derivative works of the services, in whole or in part;
  • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the services;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the services, in whole or in part;
  • remove any proprietary notices from the services;
  • use the services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
  • combine or integrate the services with any software, technology, services, or materials;
  • design or permit any applications to disable, override, or otherwise interfere with any Growers Edge’s communications to end users, consent screens, user settings, alerts, warning, or the like;
  • use the services to replicate or attempt to replace the user experience of the services in another application;
  • attempt to cloak or conceal your identity when requesting authorization to use the services;
  • use the services in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities;
  • use the services to collect, disclose, or otherwise process another’s personal information without their consent to do so or in any other way in violation of applicable law; or
  • use the services in any manner that we determine in our reasonable discretion is abusive or harmful.

 

You also agree that you shall only use the services in a manner that complies with all applicable laws in the jurisdictions in which you use the services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the services without notice.

 

3. TERM AND TERMINATION

These terms shall apply so long as you are using the services. We may terminate your access to the services at any time for any or no reason, unless otherwise provided in an express, written agreement between you and Growers Edge. Upon termination of your access to the services, you shall immediately discontinue use of the services. These terms shall survive termination of the services to the extent applicable.

 

4. USERNAME AND PASSWORD

You may be required to provide certain registration details or other information and become a “Registered User” before accessing certain features of the services.  It is a condition of your use of these services as a Registered User to ensure all the information you provide is correct, current, and complete.  The information you provide will be treated and used in accordance with our Privacy Policy.  If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity.  You acknowledge that your account is personal to you and agree not to provide any other person with access to the online services or portions of it using your username, password, or other security information.  You must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You must exit from your account at the end of each session and use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen or provided, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of these terms.

 

5. MODIFICATION, DISCONTINUATION, OR SUSPENSION OF SERVICES

Growers Edge may, in its sole discretion and at any time, modify or discontinue the services in whole or in part. For modified services, you may be requested accept a modification or new terms when you log in to your account. If you do not accept the amended terms, you will not have access to the services.

Growers Edge may discontinue its services at any time without notice. Any dated information is published as of its date only and we do not undertake any obligation or responsibility to update or amend any such information.

Growers Edge may temporarily suspend access to the services under certain circumstances, including, without limitation: (i) Growers Edge reasonably determines that: (A) there is a threat or attack on any of our intellectual property; (B) your use of our services disrupts, or poses a security risk, to our intellectual property; (C) you use our services for fraudulent or illegal activities, of for any other purpose prohibited by these terms; (D) subject to applicable law, if you or the entity with which we has agreed to provide the services to you has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) our provision of the services is prohibited by applicable law; or (ii) any vendor of Growers Edge has suspended or terminated our access to or use of any third-party services or products required to enable your access the services; or (iii) if the service is one available only to paying subscribers, you or the entity with which we have agreed to provide the services to you fails to make payment when due.

 

6. PROPRIETARY RIGHTS

The services, including, without limitation, any of our Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of Growers Edge, and you shall have no interest in them whatsoever.

All right, title, and interest in and to the services, except for information and content generated by you and third parties, are and will remain our exclusive property. Our intellectual property rights in the services are protected by copyright and trademark laws of the United States and international treaties, as well as other domestic and international laws. Nothing in these terms gives you a right to use our trademarks, logos, domain names, and other distinctive brands. There is also nothing in these terms that gives you the right to copy the services, to copy any feature or portion of the services, or create a derivative of the services, all of which is expressly prohibited. Unless prohibited by law, any feedback, comments, or suggestions you may provide regarding the services are entirely voluntary and we will be free to use your feedback, comments, or suggestions as we see fit and without any obligation or approval to you whatsoever.

 

7. SUBMISSIONS; USE BY OTHERS

You are solely responsible for the contents of your transmissions through the services. Your use of the services is subject to all applicable local, state, national and international laws and regulations and the license and use restrictions set forth above.

You agree to monitor the use of the services by any other person, whether an employee, agent, or otherwise, who is acting on your behalf, at your direction, or using your online account, for any activity that violates applicable laws, rules, and regulations or any of these terms, including any fraudulent, inappropriate, or potentially harmful behavior, and promptly restrict any offending users of the services from further use of the services. You agree to provide a resource for users of the services to report abuse of the services at your operations. As between you and us, you are responsible for all acts and omissions of your end users in connection with yours and their use of the services.  You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of the services and you represent and warrant that you have provided such notices and obtained such consents before submitting or allowing end users to submit information to us.

 

8. INDEMNIFICATION

You agree to immediately notify Growers Edge of and indemnify and hold Growers Edge, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, (including the unauthorized use of your account or any other breach of security attributable to your use of the services), the violation of these terms by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.

 

9. FOR INFORMATIONAL PURPOSES ONLY

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THEM AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE. THE INFORMATION AND OTHER MATERIAL AVAILABLE ON THE SERVICES IS OF A GENERAL NATURE AND DOES NOT ADDRESS THE CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY OF EVALUATING THE INFORMATION AND OTHER MATERIAL AVAILABLE THROUGH THE SERVICES BEFORE MAKING ANY DECISIONS. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DECISION YOU MAKE BASED ON THE INFORMATION OR MATERIALS AVAILABLE ON THE SERVICES.

 

10. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GROWERS EDGE (INCLUDING, WITHOUT LIMITATION, ITS PARENTS, AFFILIATES, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT OF GROWERS EDGE (COLLECTIVELY, “GROWERS EDGE THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, OR PERSONALIZATION SETTINGS.

GROWERS EDGE AND GROWERS EDGE THIRD PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUIET ENJOYMENT, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.

NEITHER GROWERS EDGE NOR ANY GROWERS EDGE THIRD PARTIES MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE; NOR DO GROWERS EDGE OR ANY GROWERS EDGE THIRD PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SOFTWARE DRIVING THE SERVICES WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT GUARANTEE THE SECURITY OF THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA, OR THAT THE SERVICES WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

WE MAY MODIFY, SUSPEND, OR DISCONTINUE OFFERING THE SERVICES AT ANY TIME AND FOR ANY REASON WITHOUT NOTICE OR COMPENSATION TO YOU. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE, OUTAGE, OR ANY OTHER REASON WHATSOEVER. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL.

THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY SITES NOT AFFILIATED WITH US IN ANY WAY. THESE LINKS ARE PROVIDED TO YOU ONLY AS A CONVENIENCE AND ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY LINK CONTAINED ON A SITE LINKED THROUGH THE SERVICES. THE LINKS WE PROVIDE DOES NOT IMPLY THAT WE HAVE ENDORSED ANY THIRD-PARTY SITE THAT A LINK IS PROVIDED FOR.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED VIA THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICES FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

11. LIMITATION OF LIABILITY

IN NO EVENT WILL GROWERS EDGE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, OR ANY GROWERS EDGE THIRD PARTIES BE LIABLE TO YOU  FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER THE CLAIM IS BASED UPON CONTRACT, BREACH OF WARRANTY, TORT, OR OTHER THEORY, RESULTING FROM OR CONCERNING THE USE OR THE INABILITY TO USE THE SERVICES OR YOUR FAILURE TO COMPLY WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AND AGGREGATE LIABILITY OF GROWERS EDGE OR ANY GROWERS EDGE THIRD PARTIES FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED YOUR PAST SIX (6) MONTHS OF FEES PAID TO GROWERS EDGE, OR, IN THE EVENT YOU HAVE PAID NO FEES, ONE-HUNDRED DOLLARS ($100.00 USD). YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS IS TO DISCONTINUE THE USE OF THE SERVICES. THE LIABILITY OF ANY PARTY UNDER THESE TERMS SHALL BE CUMULATIVE AND NOT PER INCIDENT. GROWERS EDGE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:

  • ANY ERRORS IN OR OMISSIONS IN THE SERVICES AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
  • ANY ERRORS OR OMISSIONS FROM RESULTING FROM YOUR USE OF THE SERVICES;
  • ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN OUR SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM,
  • THE UNAVAILABILITY OF THE SERVICES, OUR SITE, OR ANY PORTION THEREOF,
  • YOUR USE OF THE SERVICES AND/OR ANY ERRORS OR OMISSIONS IN DATA ENTRY BY YOU, OR
  • YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

 

YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

12. NOTICES

Unless otherwise provided herein or in another express, written agreement between you and Growers Edge, notices given by us to you will be given by email. Notices will be sent to the email address you provide to Growers Edge as part of the registration process, or to updated addresses which you provide to Growers Edge via notice consistent with this paragraph. Notices given by you to Growers Edge must be given by email to support@growersedge.com or such updated address and number as Growers Edge may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the email address last provided by you to Growers Edge shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

 

13. GOVERNING LAW; JURISDICTION AND VENUE

These terms shall be governed by and construed in accordance with the laws of the State of Iowa notwithstanding any conflict of law’s provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Iowa located in Polk County (the “Iowa Courts”) for any litigation or controversy arising out of or relating to these terms, (ii) agree not to commence any litigation arising out of or relating to these terms except in the Iowa Courts and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

 

14. GENERAL

If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in these terms are solely used for the convenience of the parties and have no legal or contractual significance. These terms may be assigned in whole or in part by Growers Edge. These terms may not be assigned in any manner by you without the express, prior written permission of Growers Edge.

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver will be in writing and signed by the waiving party.

We may revise these terms at any time in our sole discretion by posting such revised terms on the terms page of growersedge.com. Please review the terms page on a regular basis for changes. Continued use of our services following any change constitutes your acceptance of the change.

If you have questions regarding these terms, please contact us at support@growersedge.com.