Terms of Service
Terms of Site
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PLATFORM.
BY USING OR ACCESSING THIS PLATFORM OR CLICKING “CREATE ACCOUNT,” USER AGREES TO BE BOUND BY THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF YOUR EMPLOYER OR A THIRD PARTY, THEN USER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR BEHALF. IF USER DOES NOT AGREE WITH ANY OF THESE TERMS, USER IS PROHIBITED FROM USING OR ACCESSING THIS PLATFORM.
This agreement is between Tyree Ag LLC. (Company), and the user agreeing to this agreement (User).
1. USE OF PLATFORM.
a. Platform. The mobile application and the Website are referred to herein as the "Platform.”
b. User Owned Data. All data and information provided by User in order to register for a user account is User’s data (User Data). User represents and warrants to Company that User has provided all required notices and has obtained all required licenses, permissions, and consents regarding User Data for use within the Platform under this agreement, and all User Data is accurate, complete and current. User grants Company the right to use the User Data solely for purposes of performing under this agreement and as further set forth in Company’s privacy policy which is located here https://www.tyreeag.com/privacy-policy
c. User Responsibilities. User: (i) must keep its passwords secure and confidential and use industry-standard password management practices; (ii) is solely responsible for User Data and all activity in its user account; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Company promptly of any such unauthorized access; and (iv) may use the Platform only in accordance with this agreement and applicable law.
d. New Features, Tools, and Modifications. New features or tools which are added to the Platform will also be subject to this agreement. Company may make changes to the materials contained on the Platform at any time without notice.
e. Mobile Device. User must have a mobile device that is compatible with the mobile application. Company does not warrant that the mobile application will be compatible with User’s mobile device.
f. Upgrades. User acknowledges that Company may, from time to time, issue upgraded versions of the mobile application, and may automatically electronically upgrade the version of the mobile application that User is using on its mobile device. User consents to such automatic upgrading on its mobile device, and agrees that the terms and conditions of this agreement will apply to all such upgrades.
2. PERMITTED USE AND RESTRICTIONS.
a. Grant. Subject to User’s compliance with this agreement, User is granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its own internal business purposes. This is the grant of a license, not a transfer of title, and under this license.
b. Restrictions. User may not:
• interfere with or disrupt the proper functioning of the Platform;
• use the Platform for any purpose or in any manner that is unlawful or violates any applicable law;
• modify or copy the Platform materials;
• attempt to decompile or reverse engineer any software contained on this Platform;
• remove any copyright or other proprietary notations from the Platform materials;
• operate the Platform other than in accordance with its technical documentation;
• evaluate the Platform for purposes of competing with Company;
• infringe upon or violate Company intellectual property rights or the intellectual property rights of others;
• harass, abuse, insult, harm, defame, slander, disparage, or intimidate;
• upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related Platform, other Platforms, or the Internet; or
• transfer the Platform materials to another person or “mirror”, “scrape” or use other automated access to view the materials on any other server.
c. This license shall automatically terminate if User violates any of these restrictions and may be terminated by Company at any time. Upon terminating User’s license, User must destroy any downloaded materials in its possession whether in electronic or printed format.
d. Eligibility. User must be at least 18 years of age or over the age of majority in the state or country in which User is a resident or citizen in order to use this Platform.
3. Disclaimer.
The materials on THE Platform AND THE PLATFORM ITSELF are provided ‘as is’. COMPANY makes no warranties, expressed or implied, and hereby disclaims and negates all warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, COMPANY does not warrant or make any representations concerning the accuracy, completeness, Currentness, likely results, or reliability of the use of the materials on the Platform, or otherwise relating to such materials, or on any sites linked to this Platform. USER UNDERSTANDS THAT THE PLATFORM MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
CONSUMER LAW NOTICE. SOME STATES MAY NOT ALLOW SUCH DISCLAIMERS, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO USER.
4. OWNERSHIP AND INTELLECTUAL PROPERTY.
The Platform and its materials are protected by copyright, trademark, patent, and other intellectual property laws. All title, ownership rights, and intellectual property rights in and to the materials are owned by Company or its licensors. User may not remove any product identification, copyright, trademark, or other notice from the Platform. All rights are reserved by Company unless expressly granted in this agreement.
5. LIABILITY LIMIT.
a. Exclusion of Indirect Damages. To the maximum extent allowed by law, neither Company nor its suppliers or licensors are liable for any indirect, special, incidental, or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of or unauthorized access to data or information; and lost profits, revenue, or anticipated cost savings), even if it knows of the possibility or foreseeability of such damage or loss.
b. Total Limit on Liability. To the maximum extent allowed by law, Company’s total liability arising out of or related to this agreement (whether in contract, tort, or otherwise) does not exceed $50.
c. Because some jurisdictions do not allow limitations on limitations of liability for consequential or incidental damages, these limitations may not apply to User. User may have additional consumer rights under local law. User may also have other rights which vary from jurisdiction to jurisdiction.
6. USER INDEMNITY.
If a third party claims against Company that any part of the User Data violates a law or infringes or violates that party's patent, copyright, or other right, User will defend Company against that claim at User’s expense and pay all costs, damages, and attorneys’ fees that a court finally awards or that are included in a settlement approved by User, provided that Company promptly notifies User of the claim in writing, cooperates with User in the defense, and allows User to solely control the defense or settlement of the claim.
7. FEEDBACK.
If User provides feedback or suggestions about the Platform, then Company (and those it allows to use its technology) may use such information without obligation to User.
8. Links.
Company has not reviewed all the sites linked to the Platform and is not responsible for the contents of or use of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked site is at User’s own risk.
9. Terms and Modifications.
Company may revise this agreement at any time without notice. By using this Platform, User is agreeing to be bound by the then-current version of this agreement.
10. GOVERNING LAW AND FORUM.
This agreement is governed by the laws of the State of Indiana (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Hendricks County, Indiana, and the parties submit to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
11. TERMINATION.
Company may terminate User’s use of the Platform at any time. Company may suspend or terminate the Platform and terminate this agreement, in Company’s sole and absolute discretion, at any time.
12. OTHER TERMS.
a. Entire Agreement and Changes. This agreement constitutes the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. Neither party is relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise, or inducement not included in this agreement is binding.
b. Apple App Store. If User downloaded the mobile application from the Apple App Store, the terms attached hereto as Exhibit A apply and are incorporated herein.
Last Revised 3/11/22
EXHIBIT A - MOBILE APPLICATION FROM APPLE APP STORE
The following applies to any mobile application User acquires from the Apple App Store (App Store Mobile App):
a. Acknowledgment. This license agreement is concluded between Company and User only, and not with Apple, and Company, not Apple, is solely responsible for the App Store Mobile App and the content thereof. The agreement does not provide for usage rules for the App Store Mobile App that are in conflict with the App Store Terms of Service as of the effective date of the agreement (which User acknowledges it has had the opportunity to review).
b. Scope of License. The license granted to User for the App Store Mobile App is limited to a non-transferable license on any Apple-branded Products that User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App Store Mobile App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
c. Maintenance and Support. Company is solely responsible for providing any maintenance and support services with respect to the App Store Mobile App, as specified in the agreement, or as required under applicable law. Company and User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Mobile App.
d. Warranty. Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Mobile App to conform to any applicable warranty, User may notify Apple, and Apple may refund the purchase price for the App Store Mobile App (if that purchase price was paid to Apple on behalf of Company) to User; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store Mobile App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty is Company’s sole responsibility.
e. Product Claims. Company and User acknowledge that Company, not Apple, is responsible for addressing any claims of User or any third party relating to the App Store Mobile App or User’s possession and/or use of that App Store Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App Store Mobile App’s use of the HealthKit and HomeKit frameworks. The agreement does not limit Company's liability to User beyond what is permitted by applicable law.
f. Intellectual Property Rights. Company and User acknowledge that, in the event of any third-party claim, the App Store Mobile App or User’s possession and use of that App Store Mobile App infringes that third party’s intellectual property rights, User, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
g. Legal Compliance. User represents and warrants that: (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) it Is not listed on any U.S. Government list of prohibited or restricted parties.
h. Developer Name and Address. Company’s name is Tyree Ag LLC. and its address is: PO Box 67, Kinsley, KS 67547. The contact information (phone number; email address) to which any User directs questions, complaints, or claims with respect to the App Store Mobile App are as follows: 620-659-2208, info@tyreeag.com.
i. Third-Party Terms of Agreement. User must comply with applicable third-party terms of use when using the Mobile App (e.g., the App Store Mobile App is a VoIP application, then User must not be in violation of its wireless data service agreement when using the App Store Mobile App).
j. Third-Party Beneficiary. Company and User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the agreement, and that, upon User’s acceptance of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against User as a third-party beneficiary thereof.
