Terms and Conditions

Last updated: (08/02/2018)

Please read these terms and conditions ("terms", "terms and conditions") carefully before using the farmbrite.com website, which includes all pages within this website (collectively referred to as the "website") and the Farmbrite mobile application (the "mobile app") operated by Farmbrite (“Farmbrite”, "us", “we", "our").

Conditions of Use & Acceptance of Terms


Farmbrite provides its website and mobile app to you subject to the following terms, which may be updated from time to time without notice. You are encouraged to check back frequently, as our terms may change. You may not use this website or the mobile app if you object to any of these terms.

The failure of Farmbrite to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms must be filed within ONE YEAR after such claim or cause of action arose or be forever barred.

Privacy Policy


Before you continue using our website or mobile app we advise you to read our privacy policy regarding our collection of users’ data. It will help you better understand our practices regarding registration data and other information relevant to your privacy.

Description of Service


Farmbrite provides users with access to a collection of online and mobile tools designed to support farm management and record-keeping needs (the "service"). You understand and agree that the service may include advertisements, sponsored links, promotional listings, or paid placement. You also understand and agree that the service may include certain communications from Farmbrite, such as service announcements and administrative messages, and that these communications are considered part of the service. Unless explicitly stated otherwise, any new features enhancing the current service shall be subject to these terms.

License and Site Access


We grant you a limited license to access and make personal and commercial use of this website and the mobile app in accordance with these terms.

You acknowledge that Farmbrite may establish general practices and limits concerning use of the website and the mobile app. You agree that Farmbrite has no responsibility or liability for the deletion or failure to store any messages, other communications, data, or other content maintained or transmitted by or to the service. You acknowledge that Farmbrite reserves the right to deactivate accounts that violate our terms. You further acknowledge that Farmbrite reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Certain areas of this website or the mobile app may be restricted from access by you, and Farmbrite may further restrict access by you to any areas of this website or the mobile app at any time in its sole and absolute discretion.

Farmbrite reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Farmbrite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service or any part of the service.

We reserve all rights to terminate accounts, edit or remove content, and cancel services in our sole discretion.

You agree that Farmbrite, in its sole discretion, may terminate your password, account (or any part thereof), or use of the service and may remove and discard any data or content within the service for any reason, including, without limitation, if Farmbrite believes that you have violated these terms. You agree that any termination of your access to the service under any provision of these terms may occur without prior notice to you, and you acknowledge and agree that Farmbrite may immediately deactivate or delete your account and all related information and files in your account and may bar any further access to such files and information. Further, you agree that Farmbrite shall not be liable to you or any third party for any termination of your access to the service.

User Account


If you are an owner of an account on this website or the mobile app, you are solely responsible for maintaining the confidentiality of your private user details (username and password) and the contents of your account. You are responsible for all activities that occur under your account or password. You agree to: (a) provide true, accurate, current, and complete information about yourself; and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or if Farmbrite has reasonable grounds to suspect that such information is untrue, Farmbrite has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).

Billing (MONTHLY)


As a Farmbrite customer, you expressly agree that we are authorized to charge you a monthly fee at the rate set when you registered for the service and that we are authorized to charge renewal fees to the credit card you provided during account activation or to such other replacement credit card as you notify us to use. The monthly fee will be charged on the date that corresponds with the date you activated your account. You can access your account at Farmbrite.com to view information regarding your next renewal. Billing for the services to which you have subscribed will continue month-to-month unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews each month in order to avoid billing of the next month's charge to your credit card. Subscription fees are fully earned upon payment, and Farmbrite reserves the right to decline issuing refunds for partial months. You may cancel your subscription at any time by logging into your Farmbrite account.

Billing (ANNUALLY)


As a Farmbrite customer, you expressly agree that we are authorized to charge you an annual fee at the rate set when you registered for the service and that we are authorized to charge renewal fees to the credit card you provided during account activation or to such other replacement credit card as you notify us to use. The annual fee will be charged on the date that corresponds with the date you activated your account. You can access your account at Farmbrite.com to view information regarding your next renewal date and rate. Billing for the services to which you have subscribed will continue annually unless and until you cancel your subscription or your account is terminated by us. You must cancel your subscription before it renews to avoid billing of the next year's charge to your credit card. Subscription fees are fully earned upon payment, and Farmbrite reserves the right to decline issuing refunds for partial years. You may cancel your subscription at any time by logging into your Farmbrite account.

Communications


All communication with us is electronic. Every time you send us an email or visit our website or the mobile app, you are going to be communicating with us. You hereby consent to receive communications from us. We will communicate with you by posting news and notices on our website or the mobile app and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Comments, Reviews and Emails


You may post or store content on the website or the mobile app via the service as long as the content is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content must be free of software viruses, as well as political and commercial solicitation.

We reserve all rights (but not the obligation) to remove and/or edit such content if the information is accessible or able to be viewed by other users.

Intellectual Property Rights


Other than the content or data you own which you may have opted to include on, submit to, or store on this website, the mobile application, or the service under these terms, content published or stored on this website, the mobile application, and the service (including but not limited to digital downloads, images, texts, code, graphics, and logos) is the property of Farmbrite and/or its content creators and licensors, and such content is protected by US and international copyright laws. Farmbrite and/or its content creators and licensors own all rights to the intellectual property contained in this website, the mobile application, and the service, and all such rights are reserved. The entire compilation of the content found on this website and the mobile app is the exclusive property of Farmbrite, with copyright authorship for this compilation created solely by Farmbrite.

You are granted a limited license only, which is subject to the restrictions provided in these terms, for the purposes of viewing the material contained on the website or the mobile application and using the service as designed and in accordance with these terms.

You acknowledge and agree that the website, the mobile application, and the service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the website, the mobile application, or the service or presented by other users or our advertisers is protected by copyright, trademark, service mark and patent law, as well as other proprietary rights and laws. Except as expressly authorized by Farmbrite, other users or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the service, the website and the website contents, or the mobile app and the mobile app contents, in whole or in part.

Trademarks: Farmbrite trademarks, service marks, logos, product names, and service names ("Farmbrite marks") are trademarks of Farmbrite. Without Farmbrite’s prior permission, you agree not to display or use the Farmbrite marks in any manner.

Intellectual Property Infringement: Farmbrite respects the intellectual property of others, and we expect our users to do the same. If you believe that your work has been infringed or your intellectual property rights have been otherwise violated, please provide Farmbrite the following information:

identification of the person authorized to act on behalf of the owner of the intellectual property;
a description of the infringed intellectual property;
a description of where the infringing material is located on the website and/or the mobile app;
your address, email address, and telephone number;
a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property.

Notice of claims of intellectual property infringement should be sent via Certified Mail to:

Farmbrite
PO Box 70
Hygiene, CO 80533

Your Content


In these terms, “your content” shall mean any data, audio, video, text, images, or other material you choose to display on, submit to, or store on this website or the mobile app. With respect to your content, if you are displaying it to other users or the public, by displaying it, you grant Farmbrite a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your content must be your own and must not infringe on any third party’s rights. Farmbrite reserves the right to remove any of your content from this website or the mobile app at any time and for any reason, without notice.

Restrictions


You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the website, the mobile app, the service, use of the service, or access to the website, the mobile app, or the service unless you have obtained written permission to do so in advance from Farmbrite or unless the website, the mobile app, or the service has been expressly designed for such activity.

You are expressly prohibited from taking any of the following actions unless you have obtained written permission to do so in advance from Farmbrite:

downloading the website, the mobile app, or any website or mobile app material or content not expressly designed for that purpose as part of the service;
modifying the website, the mobile app, or any website or mobile app content not expressly designed to be modified as part of the service;
publishing any website or mobile app material in any media;
selling, sublicensing, and/or otherwise commercializing any website or mobile app material not expressly designed to be sold, sublicensed, or commercialized as part of the service;
publicly performing and/or displaying any website or mobile app material;
using this website or the mobile app in any way that impacts user access to this website or the mobile app; and
engaging in any advertising or marketing either using website or mobile app content not owned by you or using any portion of this website or the mobile app not expressly designed for that purpose.

In addition, you are expressly prohibited from taking all of the following actions:
using this website or the mobile app in any way that violates applicable laws and regulations;
using this website or the mobile app in any way that is or may be damaging to the website, the mobile app, and/or the contents of either; the service and/or its contents; other users using this website or the mobile app; or to any person or business entity; and
engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website or the mobile app unless such activity is expressly included as part of the service.

Advertisers


Your dealings with advertisers found on or through the website or the service are solely between you and such advertiser. You agree that Farmbrite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website or the mobile app.

Links to Other Websites and Resources


Our website or the mobile app may contain links to third-party websites or services that are not owned or controlled by Farmbrite.

Farmbrite has no control over, is not responsible for the availability of such external sites or resources, does not endorse, and assumes no responsibility for the content, privacy policies, advertising, products, services, or practices of any third-party websites or services. You acknowledge and agree that Farmbrite shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

No Warranties


You expressly understand and agree that:


This website and the mobile app are provided “as is”, with all faults, and Farmbrite makes no express or implied representations or warranties of any kind related to this website, the mobile app, or the materials contained on either. Additionally, nothing contained on this website or the mobile app shall be construed as providing advice to you.
Your use of the website, the mobile app, and the service is at your sole risk. Farmbrite expressly disclaims 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.
Farmbrite makes no warranty that (i) the website, the mobile app, or the service will meet your requirements; (ii) the website, the mobile app, or the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the website, the mobile app, or the service will be accurate or reliable; and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the website, the mobile app, or the service will meet your expectations.
No information, whether oral or written, obtained by you from Farmbrite or through the website, the mobile app, or the service shall create any warranty not expressly stated in the terms.

Limitation of Liability


You expressly understand and agree that Farmbrite and its officers, directors, or employees shall not be liable to you for any damages, including but not limited to damages for loss of profits, goodwill, use, or data; business interruption; or other losses resulting from: (i) the use or the inability to use the website, the mobile app, or the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the website, the mobile app, or the service; (iii) statements made or conduct of any third-party on the website, the mobile app, or the service; or (iv) any other matter related to your use of this website, the mobile app, or the service.

Indemnification


You agree to indemnify Farmbrite, its subsidiaries, affiliates, officers, agents, co-branders, other partners, and employees to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) made by any third party due to or arising out of use of the website or the mobile app, information you submit or make available through the service, your use of the service, your connection to the service, your violation of the terms, or your violation of any rights of another.

Exclusions and Limitations


Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability or consequential damages. Accordingly, some of the above limitations may not apply to you.

Severability


If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. If any provision of the terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provision(s) shall be deleted without affecting the remaining provisions.

Notice


Notices to you may be made via email. The service may also provide notices of changes to the terms, the privacy policy, or other matters related to the service by displaying notices or links to you on the website or the mobile app.

Assignment


Farmbrite shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these terms without the written consent of Farmbrite.

Entire Agreement


These terms, including any legal notices and disclaimers contained elsewhere on this website or the mobile app, constitute the entire agreement between you and Farmbrite in relation to your use of this website and the mobile app and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction


These terms will be governed by and construed in accordance with the laws of the State of Colorado without regard to principles of conflict of laws.

Disputes


Any dispute related in any way to your use of the website, the mobile app, or the service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to principles of conflict of laws, and you submit to the jurisdiction of the courts located within Boulder County, Colorado for the resolution of any disputes between you and Farmbrite.

Contact Us


If you have any questions about these terms, please contact us.