Effective Date: October 4, 2024
Last Updated: October 4, 2024
Terms of Use
These AgSpire, Inc. (“AgSpire,” “we,” “us,” or “our”) Terms of Use (these “Terms”) apply to the AgSpire website located at https://www.agspire.com and all other sites, services, applications, platforms, and tools where these Terms appear or are linked (collectively, the “Services”). These Terms apply to all individuals or entities using the Services (“Users”).
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR ACCESS THE SERVICES.
Consent/Acknowledgment
By using our Services, you acknowledge and agree to these Terms and accept all legal obligations they impose. You also agree to our Privacy Policy, which explains how we collect, use, and protect personal data. AgSpire reserves the right to modify these Terms from time to time without specific notice, and your continued use of the Services indicates your acceptance of the modified Terms.
Modifications
We may modify these Terms or the Services at any time. Any changes will become effective 24 hours after posting. Your continued use of the Services after such changes constitutes your acceptance of the modifications.
Eligibility
The Services are intended for individuals 18 years of age and older. By using the Services, you represent that you meet this age requirement.
Access and Use
AgSpire grants you a limited, non-exclusive, non-transferable right to access and use the Services solely for lawful purposes and in accordance with these Terms. You agree not to engage in any unlawful activity or to use the Services for any purpose that:
- Is illegal or prohibited by these Terms.
- Infringes the intellectual property or privacy rights of others.
- Involves submitting false information or impersonating another person.
- Harms or threatens the safety of others or disrupts the functionality of the Services.
Accounts
Certain Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information, including your login credentials. AgSpire is not liable for unauthorized access to your account. You must immediately notify AgSpire if your account is compromised.
Content Ownership and Use
All content provided by AgSpire, including text, graphics, logos, images, software, and other materials (collectively, “Our Content”), is the property of AgSpire or its licensors and is protected by intellectual property laws. You may view Our Content solely as presented on the Services. You may not modify, distribute, or create derivative works of Our Content without prior written consent from AgSpire.
You agree that any content you submit to AgSpire or upload on the Services, including reviews, comments, or feedback (“User Content”), is your own and does not infringe on any third-party rights. By submitting User Content, you grant AgSpire a perpetual, royalty-free, irrevocable license to use, reproduce, and distribute such content.
Transactions
Through the Services, you may have the opportunity to purchase products from AgSpire. By completing a transaction, you agree to provide accurate payment and shipping information and represent that you have the legal right to use the payment method provided. AgSpire reserves the right to refuse or cancel any transaction at its sole discretion. Payment for all products is due at the time of purchase, and you are responsible for all applicable taxes, fees, and shipping charges.
Promotions
From time to time, AgSpire may offer promotions, including discounts, contests, or sweepstakes. Participation in such promotions is subject to the applicable rules and these Terms. If there is a conflict between promotion-specific rules and these Terms, the promotion rules will apply.
Third-Party Content and Services
AgSpire may provide access to third-party content or services through the Services. We are not responsible for the accuracy, reliability, or legality of third-party content or services. Your interactions with third-party services are subject to the terms and conditions of those third parties.
Termination and Suspension
AgSpire may terminate or suspend your access to the Services at any time, for any reason, including but not limited to violation of these Terms. Upon termination, you must cease all use of the Services.
Proprietary Rights and Intellectual Property
The Services and all content therein, including any software, technology, or systems used to operate the Services (collectively, the “Technology”), are owned by AgSpire or its licensors and are protected by intellectual property laws. You agree not to reverse engineer, disassemble, or otherwise attempt to derive the source code of the Technology. AgSpire retains all rights to its trademarks, logos, and other intellectual property.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AGSPIRE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AGSPIRE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
AGSPIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES. OUR LIABILITY IN ANY CIRCUMSTANCE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES THROUGH THE SERVICES.
Indemnification
You agree to indemnify and hold AgSpire harmless from any claims, damages, liabilities, or expenses arising from your use of the Services, violation of these Terms, or infringement of third-party rights.
Export Control
You agree to comply with all applicable U.S. export laws and regulations when using the Services. This includes restrictions on the transfer of data or software to foreign nationals or foreign countries without appropriate government authorization.
Dispute Resolution
Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will take place in South Dakota, and the arbitrator’s decision will be final and binding.
Governing Law
These Terms are governed by the laws of the State of South Dakota, without regard to its conflict of law provisions. Any legal actions related to these Terms must be brought in the courts located in Brookings County, South Dakota.
Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
Acknowledgment
These Terms, along with our Privacy Policy, constitute the entire agreement between you and AgSpire regarding the use of the Services. By continuing to use the Services, you agree to be bound by these Terms.
Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at:
AgSpire Inc.
120 22nd Ave S, #247
Brookings, SD 57006
juliaa@agspire.com