Terms of Use

Last Modified: April 23, 2018

1. Acceptance of These Terms of Use

These terms of use are entered into by and between You and J & H Consulting, LLC ("J&H Consulting," "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of J&H Consulting's website, located at jandhconsulting.com including any content, functionality, software, services or other materials offered on or through our website including, without limitation, our Digital Ag Tools (the "Website").

Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at jandhconsulting.com/legal/privacy-policy.html, which is hereby incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

2. Changes to these Terms of Use or the Website

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them unless we state otherwise in a notice accompanying the updated Terms of Use. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out-of-date at any given time, and we are under no obligation to update such material.

3. Accessing the Website

We reserve the right to withdraw or amend this Website including, without limitation, any content, functionality, software, services, or other materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to the Website, in whole or in part.

4. Digital Agriculture Tools

This Website may make available access and use of certain software technology for use in estimating crop fertilizer rates, predicting acreage and yields of certain crops, and predicting optimum nitrogen fertilizer rates (this software being referred to, individually and collectively, with any associated documentation, as "Digital Ag Tools"). You may use any such Digital Ag Tools conditioned on your compliance with these Terms of Use and in accordance with the following license and terms that are specifically applicable to such Digital Ag Tools:

  1. Evaluation License. J&H Consulting hereby grants you a non-exclusive, non-transferable right to access and use the Digital Ag Tools for your evaluation purposes and for use in the ordinary course of your internal business or farming operations. You may also download and use any data, output, or recommendations generated by your use of the Digital Ag Tools ("Ag Tool Output") for evaluation purposes and in the ordinary course of your internal business or farming operations. These Terms of Use do not provide a commercial license. For more information about commercial licenses contact J&H Consulting at: phil@jandhconsulting.com.

  2. Restrictions. You shall not use the Digital Ag Tools or Ag Tool Output for any purposes beyond the scope of the access granted in these Terms of Use. Without limiting the foregoing, and except as otherwise expressly set forth in these Terms of Use, you shall not at any time, directly or indirectly: (a) copy, modify, or create derivative works of the Digital Ag Tools, in whole or in part; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Digital Ag Tools or Ag Tool Output; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Digital Ag Tools, in whole or in part; (d) remove any proprietary notices from the Digital Ag Tools or Ag Tool Output; or (e) use the Digital Ag Tools or Ag Tool Output in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

  3. Aggregated Statistics. Notwithstanding anything to the contrary in these Terms of Use or our Privacy Policy, J&H Consulting may monitor your use of the Digital Ag Tools and collect and compile data and information related to your use of the Digital Ag Tools for use by J&H Consulting in an aggregate and anonymized manner ("Aggregated Statistics"), including to compile statistical and performance information related to the provision and operation of the Digital Ag Tools. You acknowledge that J&H Consulting may compile Aggregated Statistics based on Ag Tool Output. You agree that J&H Consulting may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you individually.

5. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Additionally, you agree not to:

6. Intellectual Property Rights

The Website is owned by J&H Consulting, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except for the limited rights and licenses granted under these Terms of Use, all rights in the Website are reserved to J&H Consulting and its licensors. If you wish to make any use of material made available on or through the Website other than that set out in these Terms of Use, please address your request to: phil@jandhconsulting.com.

7. Reliance on Information Posted

The information presented on or through the Website including, without limitation, any Ag Tool Output is made available solely for general information purposes and for your use as set forth in these Terms of Use. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content and data provided by third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Disclaimer of Warranties

THE WEBSITE INCLUDING, WITHOUT LIMITATION, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE DIGITAL AG TOOLS AND ANY AG TOOL OUTPUT IS PROVIDED "AS IS," AND J&H CONSULTING HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. J&H CONSULTING MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation on Liability

IN NO EVENT WILL J&H CONSULTING OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify and hold harmless J&H Consulting, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or your use of any information obtained from or through the Website.

12. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in the County of Tippecanoe, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your State or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Waiver and Severability

No waiver by J&H Consulting of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of J&H Consulting to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

14. Entire Terms of Use

These Terms of Use and our Privacy Policy any additional terms that may be expressly incorporated by reference constitute the sole and entire agreement between you and J&H Consulting with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

15. Contacting Us

This website is operated by J & H Consulting, LLC. For information about obtaining a commercial license to Digital Ag Tools, contact us at: phil@jandhconsulting.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: phil@jandhconsulting.com.