Terms of Use

Last Modified: January 15, 2023

‍

1. ACCEPTANCE

These Terms of Use (“Terms of Use”) are entered into by and between You and Harvest Score, LLC (the “Company,” “we,” or “us”) and govern your access to and use of harvestscore.com and any mobile applications (the “Applications”) we make available for any service we provide, including any content, functionality, and services offered on or through harvestscore.com (the “Website”).

Please read these Terms of Use carefully before you start to use the Website and Applications. BY USING THE WEBSITE OR APPLICATIONS, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND HERE [HARVEST SCORE PRIVACY POLICY], 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 OR APPLICATIONS. 

By using this Website or the Applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or the Applications.

‍

2. CHANGES TO THE TERMS OF USE

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. Your continued use of the Website or the Applications following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or the Applications so you are aware of any changes, as they are binding on you. 

‍

3. ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website or the Applications, and any service or material we provide on the same, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Applications, or the entire Website or the Applications.

You are responsible for ensuring that all persons who access the Website or the Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or the Applications or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or the Applications that all the information you provide on the Website or the Applications is correct, current, and complete. You agree that all information you provide to register with this Website or the Applications or otherwise, including, but not limited to, through the use of any interactive features on the Website or the Applications, is governed by our Privacy Policy [HARVEST SCORE PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

‍

4. INTELLECTUAL PROPERTY RIGHTS

The Website and the Applications and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, 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.  The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website or the Applications are the trademarks of their respective owners.

These Terms of Use permit you to use the Website or the Applications for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or the Applications, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download five copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or the Applications in breach of the Terms of Use, your right to use the Website and the Applications will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or the Applications or any content on the Website or the Applications is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You are entirely responsible for all content that you upload, post, email, transmit or otherwise make available (“Content”) and shall indemnify the Company for and losses or damages sustained due to the Content you upload or transmit to the Website or Applications. To the extent that you submit, upload or transmit any Content, you represent and warrant that (i) you have all necessary right and authority to grant the rights set forth in these Terms of Use with respect to the Content, and (ii) the Content and how it was derived does not violate laws, rules or regulations, including, without limitation, any copyright, trademark, right of privacy, right of publicity or any other right of any other party. You grant us and our service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made the Content (in any form and any medium, whether now known or later developed) in connection with the Website, the Applications and the services and products provided thereunder.  The Company reserves the right to remove any Content from the Website or the Applicaitons for any reason in its direction.  

‍

5. PROHIBITED USE‍

You may use the Website and the Applications only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Applications:

• 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). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Applications, or which, as determined by us, may harm the Company or users of the Website or the Applications, or expose them to liability.

Additionally, you agree not to:

• Use the Website and the Applications in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Applications, including their ability to engage in real time activities through the Website or the Applications.
• Use any robot, spider, or other automatic device, process, or means to access the Website or the Applications for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or the Applications, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website or the Applications.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or the Applications, the server on which the Website or the Applications are stored, or any server, computer, or database connected to the Website or the Applications. 
• Attack the Website or the Applications via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or the Applications.

‍

6. MONITORING AND ENFORCEMENT; TERMINATION‍

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates any law or their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized Content or use of the Website or the Applications. 
• Terminate or suspend your access to all or part of the Website or the Applications for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Applications and any Content. YOU WAIVE ANY CLAIMS RELATED TO AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

‍

7. INFORMATION‍

The information presented on or through the Website and the Applications is made available solely for general information purposes. 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.

‍

8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE‍

The Website and Applications may contain or provide links to other websites or resources. You acknowledge and agree that Company does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that Company shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

‍

9. GEOGRAPHIC RESTRICTIONS‍

We provide this Website and the Applications for use only by persons located in the United States. We make no claims that the Website, Application or any of their content is accessible or appropriate outside of the United States. Access to the Website and Applications may not be legal by certain persons or in certain countries. If you access the Website or the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you access the Website or the Applications outside of the United States, you waive any claims against the Company arising from your use of the Website.

‍

10. DISCLAIMER OF WARRANTIES‍

TO THE FULLEST EXTENT PROVIDED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THE SERVICE PROVIDED THROUGH THE WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.‍

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND THE APPLICATIONS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE THEN WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ‍

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

‍

11. LIMITATION OF LIABILITY‍

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR 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 APPLICATIONS 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, 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.

‍

12. INDEMNIFICATION‍

You agree to defend, indemnify, and hold harmless the Company, its affiliates, 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, including, but not limited to, any use of the Website’s or Applications’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or the Applications.

‍

13. GOVERNING LAW AND JURISDICTION‍

All matters relating to the Website, the Applications 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 New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York 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 a court of competent jurisdiction in the State of New York, 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 or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

‍

14. WAIVER AND SEVERABILITY‍

No waiver by the Company of any term or condition set out 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 the Company 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 the Terms of Use will continue in full force and effect. 

‍

15. ENTIRE AGREEMENT‍

The Terms of Use and Privacy Policy  constitute the sole and entire agreement between you and Harvest Score, LLC regarding the Website and the Applications and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Applications. 

‍