Terms & Conditions

These Terms & Conditions (the “Terms of Use”) describe the rules and conditions that apply to your access to and use of the website owned and operated by CropMineral, LLC. By using this Site, you agree to be bound by these Terms of Use.

Effective date: November 1, 2020

1. Definitions

For purposes of these Terms of Use:

• “CropMineral”, “CropMineral”, “we”, “us”, “our” mean CropMineral, LLC, a Texas limited liability company.
• “Site” means the website located at cropmineral.com and any pages, content or services made available through it, and owned by CropMineral, LLC.
• “Content” means all software, source code and object code, text, photographs, images, illustrations, graphics, audio, video, audio-visual clips and other materials available on or through the Site, including User-Generated Content and Feedback.
• “User-Generated Content” or “UGC” means (a) the publicly available information in your profile and (b) all content, materials and information that you upload, publish or otherwise make available on or through the Site (including via any social networking tools). UGC does not include Feedback.
• “Feedback” means any comments, ideas, suggestions or other Content that you submit through the Site specifically about improving the Site or the products and services made available through the Site.
• “Including” means “including, but not limited to”.

2. Acceptance of These Terms of Use

These Terms of Use apply to all users of the Site, whether or not you are a registered user or a customer. By accessing or using the Site in any way, you confirm that you have read, understood and agree to be bound by these Terms of Use. If you do not agree, you must not access or use the Site.

2.1 Acceptance of our Privacy Policy

By agreeing to these Terms of Use, you also agree to our Privacy Policy, which is incorporated into these Terms of Use by reference. Please review the Privacy Policy carefully before using the Site. All personal data provided to us through the Site will be handled in accordance with the Privacy Policy. If there is any inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use will prevail.

2.2 Other agreements and features

From time to time you may be required to agree to additional terms in order to use particular features, services or tools on the Site. You may be asked, for example, to click “I agree” to a set of special terms for a specific feature (a “click-through” agreement). Where those terms differ from these Terms of Use, the click-through agreement will supplement or amend these Terms of Use only with respect to the subject matter of that feature.

3. Ownership of the Site and its Content

The Site and all Content are protected by applicable intellectual property and other laws of the United States and other countries. All rights in and to the Content are owned by CropMineral or are used with permission of the applicable rights holders and are protected by copyright, trademark and other intellectual property laws.

The presence of Content on the Site does not waive any rights in that Content. You do not acquire any ownership rights in the Content by viewing or using the Site. Except as expressly permitted in these Terms of Use, you may not copy, reproduce, distribute, republish, download, modify, display, post, transmit or otherwise use any Content in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without our prior written consent.

We grant you a limited, revocable, non-exclusive license to access and use the Site and to display, download or print portions of the Site on a temporary basis for your personal, educational and non-commercial use, provided that: (i) you do not modify the Content; (ii) you retain all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast it in any media.

4. Trademarks

The names and logos of CropMineral (including those of its affiliates), all product and service names, graphics, button icons and other trademarks, service marks and trade dress appearing on the Site (collectively, the “CropMineral Marks”) are the property of CropMineral and/or its affiliates, whether or not registered. All other trademarks, product names, company names, logos and service marks mentioned on the Site are the property of their respective owners.

You may not display or use any CropMineral Marks in any manner without our prior written consent, nor may you display or use any third-party trademarks, product names, company names, logos or service marks featured on the Site without the prior written consent of their owners. Any unauthorised use or misuse of the CropMineral Marks or any other marks or materials on the Site is expressly prohibited.

5. User-Generated Content

5.1 Your responsibility for UGC

You are solely responsible for any User-Generated Content that you post on or through the Site. We are not responsible or liable for UGC in any way.

This means, among other things, that you—not CropMineral—are entirely responsible for any UGC you submit and may be personally liable if such UGC is defamatory, obscene, unlawful, infringes the rights of others, violates these Terms of Use or breaches any confidentiality obligations. If any part of your UGC is not your original work, it is your responsibility to obtain all permissions required to post it.

Because we do not control UGC posted on or through the Site, we cannot and do not guarantee the truthfulness, integrity, suitability or quality of such UGC. By accessing the Site you acknowledge that you may be exposed to UGC that you find objectionable. We are not responsible for any UGC, including any errors or omissions, or for any loss or damage of any kind incurred as a result of your use of any UGC.

UGC posted on or through the Site reflects the personal opinions of the individuals who submitted it and does not necessarily reflect the views of CropMineral or any affiliated entity.

5.2 Our license to use your UGC

You retain ownership of the copyright in any original UGC that you post. We do not claim ownership of your copyrights in UGC. However, by posting UGC on or through the Site, you grant to us and our subsidiaries, affiliates, successors and assigns a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable license to use, copy, modify, adapt, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and otherwise exploit such UGC, in whole or in part, in any and all media now known or later developed, without restriction, notice, attribution or additional compensation to you, and to authorise others to do the same.

For this reason, you should not post any UGC that you do not wish to license to us, including photographs, videos, confidential information or product ideas. CropMineral and its affiliates and partners reserve the right to display advertising in connection with your UGC and to use your UGC for advertising and promotional purposes.

5.3 Our rights to monitor and remove UGC

CropMineral reserves the right, but does not assume the obligation, to:

• monitor any and all UGC on or through the Site;
• require users to avoid certain topics or content types;
• remove or block any UGC at any time, without notice, in our sole discretion;
• disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe disclosure is appropriate to comply with law or a court order, to prevent or investigate possible wrongdoing, to protect the rights of CropMineral or others, or to enforce these Terms of Use; and
• terminate or restrict your access to the Site, or modify, edit or block your transmissions, for any reason in our sole discretion.

Our exercise of these rights does not make us the owner of your UGC. You retain ownership of your UGC as described above.

6. Restrictions on User-Generated Content

As a condition of using the Site, you agree that you will not upload, post, transmit or otherwise make available any UGC that:

• is unlawful, harmful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, pornographic, profane, hateful, racially or ethnically offensive, indecent or invasive of another person’s privacy;
• constitutes, encourages or provides instructions for conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
• is false, misleading or fraudulent;
• you do not have the right to make available under any law or under contractual or fiduciary obligations (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• infringes or violates any rights of others, including patents, copyrights, trademarks, trade secrets, moral rights, privacy rights, publicity rights, confidentiality rights or contract rights;
• contains the image, name or likeness of any person other than yourself, unless that person is at least eighteen (18) years old and you have their express permission, or that person is under eighteen (18) and you are their parent or legal guardian;
• includes any request for or solicitation of personal or private information from any individual in a manner inconsistent with the networking purposes of the Site;
• contains unauthorised advertising, marketing, promotional materials, spam, junk mail, chain letters or any other form of solicitation, except in those portions of the Site that are expressly designated for such purposes;
• contains any software viruses, worms, Trojan horses or any other computer code, files or programs intended to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
• impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or violates any local, state, national or international law, rule or regulation.

By posting UGC, you represent and warrant that: (i) you own or otherwise control all rights to the UGC and have the authority to grant the license described above; (ii) the UGC is accurate; and (iii) the UGC and your use of the Site comply fully with these Terms of Use and with all applicable laws and will not cause injury to any person or entity.

7. Removal of Content

If you believe that any UGC on the Site is objectionable, you may request its removal or lodge a complaint by contacting us at https://cropmineral.com/pages/contact. We will review such requests and may remove UGC or restrict users at our discretion and in accordance with these Terms of Use and applicable law.

We do not promise to review every complaint or to take any specific action in response. If UGC has already been distributed elsewhere or published in other media, we may not be able to remove or recall it. Copies of removed UGC may also remain on our backup systems for a period of time.

8. Copyright Infringement

CropMineral does not knowingly permit the infringement of intellectual property rights on the Site. We will promptly remove or disable access to material that we know is infringing or where we become aware of facts making infringing activity apparent.

If you believe that your copyrighted work, or the work of a third party on whose behalf you are authorised to act, has been copied and is accessible on the Site in a way that constitutes copyright infringement, you should notify us in writing. Your notice should include:

1. an electronic or physical signature of the copyright owner or person authorised to act on their behalf;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the allegedly infringing material is located on the Site (for example, the URL, page title and/or item number or other identifying information);
4. your name, address, telephone number and email address, and, if you are not the owner, the name of the owner; and
5. a statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law, and a further statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Any notification that does not comply with applicable legal requirements (including the U.S. Digital Millennium Copyright Act, where applicable) may not be treated as sufficient notice and may not give us actual knowledge of infringing material or acts.

9. Feedback

While we do not claim ownership of your UGC, any Feedback you submit through the Site will be the exclusive property of CropMineral. By submitting Feedback, you assign to us all worldwide rights, title and interest in and to the Feedback, including all intellectual property rights. We may use, disclose, reproduce, modify, adapt, publish, translate, distribute, display and otherwise exploit any Feedback in any manner and for any purpose, without restriction and without compensating you. Please do not submit Feedback that you do not wish to assign to us.

10. Your Obligations

In consideration of your use of the Site, you agree that any personal information you provide to CropMineral will be true, accurate, current and complete, and that you will update such information as necessary. If you provide a profile picture, you agree to use an image of yourself that you are authorised to use. The use of company logos, advertisements, web addresses, contact information, images of celebrities or other images that you are not authorised to use is prohibited.

If you create an account, your username and password are personal to you and must not be shared. You are responsible for maintaining the confidentiality of your login details and for all activities that occur under your account, whether or not you authorised them. You agree to change your password and notify us immediately if you believe your account has been accessed without permission, using the contact information available at https://cropmineral.com/pages/contact.

You agree to use the Site only in compliance with all applicable laws and regulations. You must not upload or transmit viruses, worms, Trojan horses or other malicious code, or otherwise interfere with the normal operation of the Site. Any unauthorised modification, tampering or alteration of information, any interference with the availability or accessibility of the Site, or any unauthorised scraping of Content is strictly prohibited. We reserve all rights and remedies available to us, including the right to terminate your access to the Site.

11. Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE, INCLUDING PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES.

The Site and all Content (including UGC) are provided on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express, implied, statutory or otherwise. To the fullest extent permitted by law, CropMineral, its affiliates and their service providers and licensors disclaim all warranties, including but not limited to warranties of title, non-infringement, merchantability, fitness for a particular purpose, security, accuracy, completeness, timeliness and uninterrupted or error-free operation.

We do not represent or warrant that the Site, its servers or any transmissions from us or through the Site will be free of harmful components (including viruses), or that communications, personalised settings or other data will not be deleted, lost or mis-delivered. Statements, opinions and advice of third parties (including users) are their own and are not endorsed by CropMineral.

Applicable law may not permit the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

To the fullest extent permitted by applicable law, CropMineral, its directors, managers, officers, employees, agents, suppliers, licensors and service providers shall not be liable for any losses or expenses of any kind, whether direct, indirect, general, special, punitive, incidental or consequential, arising out of or in connection with your use of, or inability to use, the Site, including but not limited to loss of data, loss or damage caused by viruses, loss of income or profit, loss of property, or claims of third parties, even if we have been advised of the possibility of such damages.

You are responsible for implementing appropriate safeguards such as data backup and virus protection. This limitation applies whether liability is alleged under contract, tort (including negligence), strict liability or any other theory.

If any part of this limitation of liability is found to be invalid or unenforceable, the aggregate liability of CropMineral and the other released parties for all claims shall not exceed ten U.S. dollars (USD $10.00).

Some jurisdictions do not allow certain limitations or exclusions of liability. In such cases, the limitations and exclusions in these Terms of Use shall apply to the fullest extent permitted by the applicable laws. Your statutory rights, if any, are not affected.

13. Links to Third-Party Websites and Services

The Site may include links to, or facilitate your interaction with, websites, services or businesses operated by third parties. We have no control over, and are not responsible for, the availability, content, products, services, policies or practices of any third-party websites or businesses.

CropMineral does not endorse any third-party websites, businesses, products or services and will not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, products or services. Your use of third-party websites is subject to the terms and policies of those websites.

CropMineral may have financial relationships with some of the companies, products or services mentioned on the Site and may receive compensation if users follow links to those companies, products or services.

14. Modification, Suspension and Termination

We reserve the right at any time, with or without notice, to modify, edit, delete, suspend or discontinue the Site (or any part of it), or any information, materials, products or services made available through the Site. We shall not be liable to you or any third party for any such modification, editing, deletion, suspension or discontinuation.

We may also, in our sole discretion, terminate your account, password or use of the Site for any reason, including for lack of use or if we believe you have violated these Terms of Use. Termination may occur without prior notice, and we may deactivate or delete your account and all related information and bar further access to the Site. We shall not be liable to you or any third party for any termination of your access.

15. Waiver

Our failure at any time to enforce any provision of these Terms of Use or to exercise any right will not be considered a waiver of that provision or right. Any waiver must be in writing and will not be construed as a waiver of any other or subsequent breach or provision.

16. Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

17. Governing Law, Jurisdiction and Venue

These Terms of Use are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. All actions or proceedings arising out of or relating to these Terms of Use shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you hereby irrevocably submit to the personal jurisdiction of such courts for those purposes. We retain the right to bring legal proceedings in any jurisdiction where we believe that a violation of these Terms of Use is occurring or originating.

18. Indemnity

You agree to indemnify, defend and hold harmless CropMineral, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Site in violation of these Terms of Use; (ii) your breach of these Terms of Use or of any representations or warranties made by you herein; or (iii) any UGC or other material you post that causes us to incur liability to a third party. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, in which case you agree to cooperate with us in asserting any available defences.

19. Changes to These Terms of Use

These Terms of Use are current as of the effective date set out above. We may update these Terms of Use from time to time in accordance with applicable law. Any changes will take effect when the revised Terms of Use are posted on the Site. Your continued use of the Site after we post changes signifies your acceptance of the revised Terms of Use. If you do not agree to the updated Terms of Use, you must stop using the Site.

20. Entire Agreement

These Terms of Use, together with our Privacy Policy and any applicable privacy notices or click-through agreements, constitute the entire agreement between you and CropMineral with respect to your use of the Site and supersede all previous communications, negotiations and agreements, whether oral, written or electronic, between you and CropMineral in relation to the Site.