Terms of Use

Terms of Use2018-10-26T08:58:04+00:00

Premier Crop Systems® is a crop information/precision farming data processing center that provides analytical services to Premier Crop customers and their producers.

This page contains important information about this site. Please review it carefully. If you are a Premier Crop Systems® customer or a grower whose data is submitted to Premier Crop Systems®, the page Data Policy and Agreement for Customers and Producers also contains important information.

  1. Acceptance of Agreement. By accessing and using this site, you agree to be bound by this Terms of Use Agreement (“Agreement”), as well as all applicable laws and regulations. If you do not agree with any of the terms set forth in this Agreement, do not use this site. 

  2. Ownership. This site, its contents, and all other protectable material are the property of Premier Crop Systems®, its licensors, agents, or others are protected by applicable U.S. copyright, patent and trademark laws and international conventions. The trademarks, service marks and logos displayed on this site are the registered or unregistered trademarks of Premier Crop Systems® or others. The copying, redistribution, use, or publication by you of any part of this site or material contained on this site is prohibited except as allowed in Section 3 below. The posting of material on this site does not constitute a waiver of any right to such material. 

  3. Limited Right to Use and Restrictions on Use. This Web site is made available for your personal, non-commercial viewing and use only. You have a limited, nonexclusive license to use material from this site solely for your own personal use. This is not a transfer of title. Under the license you may not:

    • modify, copy, republish, distribute, assign, sublicense, or sell the materials;

    • use the materials for any commercial purpose, or for any public display (commercial or noncommercial);

    • attempt to decompile or reverse engineer any software contained on or accessible from the site;

    • remove any copyright or other proprietary notations from the materials; or

    • transfer the materials to another person or “mirror” the materials on any other server.

  4. You may not download or print any information or material from this site other than for your own personal and noncommercial use. You must retain any copyright or trademark notice on such materials. Upon termination of this license for any reason or termination of your authorized use of any material from this site, you must destroy any downloaded materials in your possession whether in electronic or printed format. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Premier Crop Systems at any time.  Premier Crop Customers and Producers. This section fully applies to Premier Crop Systems’ customers and growers who are entitled to access data through this site. However, this section is not intended to restrict Premier Crop System® customers and growers from accessing and using individual or pooled data from this web site as authorized by, and contemplated in, the Data Policy and Agreement for Customers and Producers. 

  5. Disclaimer of Warranties. Premier Crop Systems® does not guarantee the information on this site. Neither Premier Crop Systems® nor any of its respective employees, agents, or owners warrant that this site will be error free nor do they make any warranty as to the result that may be obtained from the use of this site or as to the accuracy, reliability, or content of any information or service therein. Some information represents estimates, interpolations, averages, or a similar types of data descriptions instead of actual data. Some information is supplied by parties other than Premier Crop Systems®. Furthermore some data and information is provided for demonstration purposes only and is not valid, reliable, or applicable in anyway to any particular piece of land or operation. You expressly agree that use of this site is at your sole risk. The interpretation and truthing of the results of any data or data analysis should be done by a trained agronomist and is not a service provided by this site. THIS SITE AND THE SERVICES, INFORMATION AND MATERIALS PROVIDED TO YOU FROM OR THROUGH THIS SITE ARE PROVIDED “AS IS.” PREMIER CROP SYSTEMS®, ITS AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS WITH RESPECT TO THIS SITE. FURTHER, PREMIER CROP SYSTEMS®, ITS AFFILIATES, AGENTS AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, LIKELY RESULTS OR RELIABILITY OF ANY OF THE MATERIAL ON THIS SITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED ON, OR MADE AVAILABLE THROUGH THIS SITE OR ANY SITE LINKED TO THIS SITE), NOR DO THEY GUARANTEE THAT THE SITE (OR ANY SITE LINKED TO THIS SITE) WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE (OR ANY SITE LINKED TO THIS SITE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

  6. Limitation Of Liability. UNDER NO CIRCUMSTANCES SHALL PREMIER CROP SYSTEMS®, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF PREMIER CROP SYSTEMS AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE USE OR INABILITY TO USE THIS SITE SHALL NOT EXCEED THE AMOUNT OF TEN DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. This disclaimer of liability applies to any damages or injury caused by any reason, including but not limited to failure of performance, error, omission, interruption, deletion, defect, delay, computer virus, communication line failure, theft, destruction, or unauthorized access. 

  7. Indemnification. You agree to defend, indemnify, and hold harmless Premier Crop Systems®, its directors, officers, employees, and agents from and against all liability, loss, claims and expenses, including reasonable attorney fees, related to your violation of this Agreement or use of this site. 

  8. Privacy Policy. The Privacy Policy is part of this Agreement and is incorporated here by reference. 

  9. Governing Law. This Agreement and its performance shall be governed by the laws of the state of Iowa, without regard to its conflict of law provisions. You consent and agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Iowa, concerning all claims, questions and controversies arising out of your use of this site and this Agreement, the Privacy Policy, and the Data Policy and Agreement for Customers and Producers. Any claim brought against Premier Crop Systems® relating in any manner to your use or inability to use this site must be brought within one year of the date the claim accrued. The prevailing party in any action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys’ fees incurred. 

  10. Nontransferable. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Any password given to you to obtain information on this site is not transferable. 

  11. Site Revisions. Premier Crop Systems® may make changes to the materials contained on this site at any time without notice. Premier Crop Systems does not, however, make any commitment to update the materials. 

  12. Links. Premier Crop Systems® is not responsible for the content of any site linked to this site or to which this site links. The inclusion of any link on this site does not imply endorsement by Premier Crop Systems® of the site. Nor are links intended to state or imply that Premier Crop Systems® sponsors, is affiliated with, or is legally authorized to use any trade name, trademark, or copyrighted symbol that may be reflected in such links. Use of any such linked site is at the your own risk. 

  13. Severability. This Agreement shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 

  14. Headings. The headings of this Agreement are included for convenience only and shall not be construed to affect the substantive provisions herein. 

  15. Modification to Terms of Use Agreement. Premier Crop Systems® may revise this Agreement and its Privacy Policy at any time without notice. Such changes, modifications, additions, or deletions shall be effective immediately. By using any portion of the site you are agreeing to be bound by the then current version of this Agreement. Please review this Agreement periodically since it may change from time to time. 

Termination. Premier Crop Systems® may, at its sole discretion, terminate this Agreement at any time. Such termination may be for cause or without cause. Premier Crop Systems® may terminate this site at any time for any reason.