Updated: January 24, 2019
These terms of use ("Terms"), and any policies incorporated by reference, are a legally binding contract between Simple Farms LLC ("Simple Farms" or "we" or "us") and you. These Terms are applicable if you visit Simple Farms' website (https://simplefarms.ag) (the "Site"), download or use Simple Farms' mobile application(s) (the "Apps"), or use Simple Farms' services (which may be available through the Site or the Apps) (the "Services").
By clicking "accept" or by using or accessing the Site, Apps, or Services, you expressly agree to be bound by the terms, conditions, policies and guidelines of these Terms. If you do not agree or consent to any of the provisions of these Terms, your only recourse is to discontinue accessing or otherwise using the Site, Apps, or Services. Do not use the Site, Apps, or Services if you do not agree with these Terms.
You can review Simple Farms' Privacy Policy here. You agree to the Privacy Policy and any changes thereto published by Simple Farms. You agree that Simple Farms may use and maintain your data according to the Privacy Policy. You give Simple Farms permission to combine information you enter and upload on the Site or Apps or for the Services with that of other users.
Simple Farms, through its Apps and Site, offers businesses' and individuals' access to various Services. The Services are generally of use to persons engaged in agricultural businesses.
While access to certain limited portions of the Site, Apps, and Services are or may be free, Simple Farms charges fees for the provision of the majority of its Services offered through the Site and Apps. When you purchase the Services, you will be required to agree to a separate binding agreement between you and Simple Farms (a "Service Agreement"). A Service Agreement will supplement and control over these Terms. Contact Simple Farms using the information available on the Site or (if available) through the Apps to inquire about purchasing Services.
By creating an account with Simple Farms, you agree to provide us with complete and accurate information and to keep this information up to date. This may include, but is not limited to, your name, email address, telephone number, company name, company website, directory listings, social media profiles, password, and credit card information.
You are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. Should you grant a third party to act on your behalf, you shall ensure that third party is bound by, and abides by, these Terms. You agree to immediately notify Simple Farms of any unauthorized use of your account or any breach of your account security.
The Services are intended for use by adults and not children. The Services are not available users who have had their account temporarily or permanently deactivated. By becoming a user, or registering an account with Simple Farms, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by these Terms.
Simple Farms reserves the right to revise these Terms, including information incorporated by reference or referenced in the hyperlinks, at its sole and absolute discretion, by updating this posting. If changes are material, we will post a banner and a link on the Site notifying you of the material change. The revised terms will take effect the date they are posted on the Site. Continued use of the Site, Apps, or Services after any such changes shall constitute your consent to such modifications. Please review these posted terms on a regular basis.
Simple Farms reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Site, Apps, or Services, subject to the Service Agreement (if any) between you and Simple Farms. Except as set forth in an applicable Service Agreement, Simple Farms will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Site, Apps, or Services. You agree that Simple Farms may establish general practices, policies, and limits, which may or may not be published, concerning the use or operation of the Site, Apps, or Services.
Your use of the Site, Apps, or Services may require that you own or have access to a computer, mobile device, high-speed internet and/or network access, and third-party software, among other things. You are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of any agreements with providers or suppliers of such requirements. Simple Farms makes no representations or warranties of any kind, express, statutory, or implied, as to: (a) the availability of telecommunications services or access to the Site, Apps, or Services at any time or from any location, (b) any loss, damage, or other security intrusion of any telecommunication service or of any software not provided by Simple Farms, or (c) any disclosure of information to third parties or failure to transmit any data, communication, or settings by a telecommunications service provider or provider of non-Simple Farms software.
Simple Farms may from time to time provide automatic alerts and voluntary account-related alerts. The alerts may be delayed or prevented by a variety of factors. Simple Farms does not guarantee, and you should not solely rely on, the delivery, timeliness, or accuracy of the content of any alert. Simple Farms shall not be liable for: (a) any delayed or failed alert; (b) errors in the content of any alert; or (c) any actions taken or not taken by you or any third party in reliance on an alert.
By submitting information or data to the Site, Apps, or through the Services, you granting Simple Farms the right and license to use that content to provide Services to you in accordance with these Terms, the Service Agreement (if applicable), and the Privacy Policy. You represent and warrant that you are entitled to submit such content to Simple Farms for this purpose, without any obligation by Simple Farms to pay any fees or be subject to restrictions or limitations.
The Site, Apps, and contents of the Services, including their "look and feel" (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark, and other laws. The Site, Apps, and contents of the Services belong or are licensed to Simple Farms or its software or content suppliers. Simple Farms grants you the right to view and use the Site, Apps, and Services subject to these terms. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site, Apps, or the Services or content in a manner that violates any applicable law, regulation, or these Term or any Service Agreement to which you are bound.
You agree that you will not:
Simple Farms may allow you to post content on bulletin boards, blogs, and at various other available locations on the Site or Apps. These locations may be publically available or restricted to only users who have purchased the Services. These forums may be hosted by Simple Farms or by one of our third party service providers on Simple Farms' behalf. You agree in posting content to follow certain rules.
The Site, Apps, and Services, and all content, services, and products associated or provided through the Site, Apps, and Services, are provided on an "as-is" and "as available" basis. Simple Farms and its affiliates, third party providers, licensors, distributors, and suppliers (collectively, "Suppliers") make no representations or warranties of any kind, express or implied, as to the content or operation of the Site, Apps, or Services. You expressly agree that your use of the Site, Apps, and Services is at your sole risk.
Simple Farms and its Suppliers make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, or completeness of the content on the Site, apps, or of the Services, and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Simple Farms and its Suppliers make no representation, warranty, or guarantee that the content that may be available through the services is free of code or computer programming routines that are intended to damage, surreptitiously intercept, or expropriate any system, data or personal information.
Except as set forth in a Service Agreement between you and Simple Farms, Simple Farms and its Suppliers make no guarantee concerning the availability of the Site, Apps, or Services.
Simple Farms disclaims any liability for inaccuracies or errors in the Sites, Apps, or Services, or the content, services, or products associated or provided through the Site, Apps, or Services.
Neither Simple Farms nor the Services are intended to provide legal, tax, or financial advice. Simple Farms is not a financial planner, broker, or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial or business strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your business circumstances.
Simple Farms shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any
(1) indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages, or
(2) lost profits, lost revenue, or lost business (regardless of whether characterized as direct, indirect, consequential, or another type of damages)
arising in whole or in part from:
(a) your access to or use of the Site,
(b) your download or use of the Apps,
(c) your use of the Services, or
(d) these Terms.
Simple Farms' liability to you for any cause whatever and regardless of the form of the action will at all times be limited to a maximum of $500.00.
In no event will Simple Farms be liable for your attorneys' fees or other costs associated with any dispute between you and Simple Farms, and you agree not to claim, seek, or collect the same from Simple Farms.
You shall defend, indemnify, and hold harmless Simple Farms and its officers, directors, equity owners, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including but not limited to attorneys' fees), whether in tort, contract, or otherwise, that arise out of or relate in whole or in part arising out of or attributable to your breach of these Terms or any activity by you in relation to the Site or Apps or your use of the Services.
This section applies to any Apps that you acquire from a Mobile App Store. Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited, or other similar third-party you use to download Apps (a "Mobile App Store Provider") are not a party to these Terms and shall have no obligations with respect to the Site, Apps, or Services. Simple Farms, not a Mobile App Store Provider, is responsible for the Site, Apps, and Services. You warrant that you are not located in a country subject to a U.S. government embargo or designed as a terrorist-supporting country and are not listed on any U.S. government list of prohibited or restricted parties. To the furthest extent permitted by law, the Mobile App Store Providers do not make any representation or warranty concerning the Apps or the Service and will not have any liability to you related to the Site, Apps, or Service. Mobile App Store Providers are third-party beneficiaries of these Terms.
These Terms shall be governed by the laws of the State of Colorado, without regard to conflicts of law principles. Any action relating to these Terms must be filed and maintained in a state or federal court of competent jurisdiction located in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts for such purpose. Simple Farms makes no representation that these Terms and such practices comply with the laws of any country outside the United States.
Any action, suit, or proceeding arising out of or in connection with these Terms shall be in your and Simple Farms' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You may not seek to have any dispute heard as a class action, a representative action, or in any proceeding in which you or Simple Farms acts or proposes to act in a representative capacity. A judge may not consolidate or join the claims of other persons or parties who may be similarly situated without the written consent of you, Simple Farms, and all other impacted parties.
If any provision of these Terms is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (the "DMCA"), Simple Farms will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement.
If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report your notice of infringement to us with a written notification of claimed infringement that includes substantially the following:
Simple Farms will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Send all DMCA and intellectual property related notices or claims to:
Attn: DMCA Agent P.O. Box 801 Cheyenne Wells, CO 80810
No waiver by Simple Farms of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Simple Farms to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms held to invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
These Terms (along with the Privacy Policy and any Service Agreements, if applicable) constitute the entire agreement between you and Simple Farms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, Apps, or Services. Notwithstanding the preceding sentence, should there be a conflict between these Terms and the Service Agreement, the Service Agreement shall govern.