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These Terms of Use
Welcome to CPSAGU.COM (this "Site"). This Site is provided by Crop Production Services, Inc.
("CPS," "we," "us," "our"). These Terms of Use ("Terms of Use")
govern your use of this Site.
Scope of These Terms of Use
This Site includes areas that are open to all visitors, as well as some password-protected
areas, such as the Ag Decision Network service (the "Service"), that may be accessed only by CPS customers
who have been provided an account with login information and other authorized users
(collectively, "Authorized Users"). These Terms of Use apply to both the public areas of this Site and the
password-protected areas of this Site.
Your Consent
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ARE
AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT
USE THIS SITE.
Changes to These Terms of Use
As we add new features and functionality to this Site, we may need to update or revise
these Terms of Use. We therefore reserve the right to update or revise these Terms of Use, at any time and without
prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post
the revised version on this Site. Your use of this Site following any such change constitutes your consent to the
terms of the revised Terms of Use. For this reason, it is important to review these Terms of Use regularly.
If we modify these Terms of Use, we will provide a notice at the top of this page for
at least 30 days after the new effective date. You may access the current version of these Terms of Use at any time
by clicking on the link marked "Terms of Use" at the bottom of each page of this Site. For your convenience,
we have listed effective date of these Terms of Use at the top of this page, so that you can see at a glance whether
our Terms of Use have changed since your last visit.
Our Online Privacy Policy
Our Online Privacy Policy describes how we protect your privacy when you use this Site.
To review our Online Privacy Policy, click here.
Our Online Privacy Policy is part of and is hereby incorporated into these Terms of Use.
Registration
We may require you to follow additional rules, guidelines or conditions in order to use
various features of our Site, to participate in certain promotions or activities on our Site, or for other reasons.
In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or
clicking on a button marked "I agree" or you may simply be presented with additional terms in certain
areas of our Site. These click-through agreements and other additional terms are referred to as "Additional
Terms." If any of the Additional Terms are different than these Terms of Use, those Additional Terms will
supplement or amend these Terms of Use, but only with respect to the matters governed by those Additional Terms.
Your Feedback
We welcome your comments, feedback, suggestions, and other communications regarding this
Site and the information and services we make available through this Site (collectively, "Feedback").
The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback
will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all
copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit,
make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for
any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you
not send us any Feedback that you do not wish to assign to us.
Ownership of Site and Content
Except as expressly set forth herein or in any Additional Terms, all rights, title
and interests in this Site, including all of the software and code that comprise and operate this Site, and all
of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials
provided through this Site, and all data you may enter into or otherwise transmit to the Site (collectively,
"Content") are owned by CPS or by third parties who have licensed their Content to us. This Site is
protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual
property laws. In addition, the entire Content of this Site is a collective work under U.S. and international
copyright laws and treaties, and CPS owns the copyright in the selection, coordination, arrangement and enhancement
of the Content of this Site.
We hereby grant you a limited, revocable license to download and print copies of any
portion of the Content on this Site to which you have properly gained access, but only for your internal business
use or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright,
trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these
Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction
methods. This license is revocable at any time without notice and with or without cause. You may not and you may
not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast,
exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without
our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title
or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and
its Content on the terms expressly set forth herein.
Third-Party Content
Some of the information, articles and other materials available through this Site
(including without limitation information such as news, weather information, pest references and treatment
information, government forms, label and Material Safety Data Sheet ("MSDS") information) are provided
to CPS by third parties. These third-party materials are provided for your interest and convenience only. CPS does
not endorse these materials or the vendors who supply them to us, nor does CPS warrant or represent that these
materials are current, accurate, complete or reliable.
Third-Party Services
Certain features and functionality offered on our Site, including without limitation,
the Service, are provided by third parties unrelated to CPS (collectively, "Third Party Services").
CPS is not responsible or liable in any manner for such Third Party Services. Access to and use of Third Party
Services may require your agreement to Additional Terms.
Trademarks
The trademarks and service marks used or displayed on this Site ("Trademarks")
are registered and unregistered trademarks of CPS, our related entities, or third parties. You may not use any
Trademarks displayed on this Site without the prior express written permission of CPS or the trademark owner
Links to Third-Party Websites
This Site contains links to other websites owned and operated by third parties
unrelated to CPS. We are not responsible for examining or evaluating, and we do not warrant the products or
offerings of, any of these third parties, or the accuracy of the content of their websites. We do not assume
any responsibility or liability for the actions, product, and content of any such websites. Before you use any
third party website, you should review the applicable terms of use and policies for such websites. The inclusion
of a link in this Site does not imply our endorsement of such third party website. If you decide to access any
such linked third party websites, you do so at your own risk
Links to CPS-Related Websites.
This Site may contain links to other websites owned by CPS, our parent company or
other entities related to CPS. Different websites are used for different purposes and therefore may have
different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above)
apply only to CPSAGU.COM. Before you use any other website, you should review the applicable terms of use and
policies for that website.
Disclaimer of Warranties
YOUR USE OF THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH
THIS SITE, IS AT YOUR SOLE RISK. THIS SITE, AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS
SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CPS, ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES,
AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, THE
"CPS PARTIES"), EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE; THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH
THIS SITE; YOUR USE OF THIS SITE; OR ANY WEBSITES TO WHICH THIS SITE IS LINKED. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE CPS PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE;
(C) REGARDING THE SECURITY OF THIS SITE OR OUR SYSTEMS; (D) THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELEVANT
OR RELIABLE; OR (E) THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE CPS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES,
SAVINGS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR IN CONNECTION
WITH THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CPS PARTIES HEREUNDER, TO YOU OR TO ANY THIRD
PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS SITE, EXCEED 100.00.
EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW,
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN
IF AN AUTHORIZED REPRESENTATIVE OF ANY CPS PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.
ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Not Intended for Use Outside United States
This Site is operated by CPS from its offices within the United States for use in and
viewing only from the United States. CPS makes no representation that the Site or the content is appropriate for use
in, as a reference for, or for viewing from other locations outside of the United States.
Modification and Discontinuation
We reserve the right to discontinue, modify, or terminate your access to this Site or
any portion of this Site, at any time without prior notice.
Severability & Waiver
If any provision of these Terms of Use is held by a court of competent jurisdiction
to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives
of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use
shall remain in full force and effect. Our failure at any time to require performance of any provision of these
Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such
right. All waivers must be in writing.
Governing Law, Jurisdiction and Venue
These Terms of Use shall be governed under the laws of the State of Colorado without
regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms
of Use shall be venued exclusively in state or federal court in Denver, Colorado. You hereby irrevocably consent
and submit to the personal jurisdiction of said courts for all such purposes.
Entire Agreement
These Terms of Use, as supplemented or amended by any applicable Privacy Notices or
Additional Terms contain the entire understanding and agreement between you and us with respect to this Site and
supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between
you and us with respect thereto.
Questions About These Terms of Use
If you have any questions regarding our Site or these Terms of Use, please feel free to:
- send an email to info@cpsagu.com
- write to us at 3005 Rocky Mountain Avenue, Loveland, CO 80538
- call us at 970.685.3300
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