Use Policies

CropDefender Use Agreements
Home Web Site Use Privacy Policy Handheld Software Use

Agreement Highlights:
Software Download - Please share our website with your friends, but ask them to download their own software.
Data Ownership - We own the data that users submit to our servers and website. In return, we offer software and data products.
Data Security - We feel we've taken reasonable precautions to protect your personal information. The only personal identifying information stored on-line is your email, security question, county and state.
Data Anonymity - Data averages require a certain number of users per geographic area to preserve anonymity. This means that local data averages will require a certain number of users in your area.
Age Requirement - You need to be at least 18 or older to register for this site.

Web Site Use Agreement

This Web Site Use Agreement ('Agreement') is entered into by you, the CropDefender.com website, and JHTECH, herein referred to collectively as JHTECH.  This Agreement sets forth the terms and conditions under which you use the CropDefender.com website and under which JHTECH agrees to your use of the CropDefender.com website. By using the CropDefender.com website, you agree to be bound by the terms of this Agreement. This Agreement includes JHTECH's Privacy Policy (which is available at http://www.cropdefender.com/anonymous/policies.aspx).

If you do not agree to the terms of this Agreement, you must immediately stop your use of the CropDefender.com website.

USE OF MATERIALS, RESTRICTIONS, COPYRIGHTS

MATERIAL in this website are either owned or copyrighted by JHTECH, their advertisers and/or by others. Registered users have the right to download, save and copy reports containing only the data that they have submitted to the website.  Users registered as members of an association have the right to download, save and copy reports containing only the data that members of the association have submitted to the website.

Except as stated herein, none of the MATERIAL on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, mechanical, photocopying without the prior written consent of JHTECH. All electronic images, virtual tours and video are for viewing purposes only. No permission is granted to download and/or save any of the MATERIAL including but not limited to text, electronic images, photographic images, data averages, and any other information published on this website (hereinafter referred to as MATERIAL) to any computer storage device.

REGISTERED USERS

You agree that the information you provide during the CropDefender.com website registration is accurate and that you are 18 years of age or older.

MATERIAL AND MATERIAL ACCURACY

YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by JHTECH for completeness or accuracy. JHTECH, their licensors and/or advertisers are NOT responsible for typographical errors or omissions of any kind. YOU, the user, bear the entire risk of using the materials and MATERIAL of this WEBSITE. All MATERIAL on this website is subject to change, without notice.

COMPLIANCE WITH LOCAL LAWS

JHTECH makes NO representation that the materials and MATERIAL contained in this website are legal in all jurisdictions. You the user are responsible to ensure that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.

USE OF THE SITE

In connection with your use of the Site, you agree you will not:

a) Transmit any message, information, data, text, software or images, or other content ('Material') that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, a JHTECH official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains links to a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, 'junk mail', 'spam,' 'chain letters,' 'pyramid schemes' or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any JHTECH product or service if you are not expressly authorized by such party to do so.

WARRANTIES

YOU the user acknowledge and agree that JHTECH makes no warranty that this website shall meet your requirements, or that this website is error free or that the quality of the products or services provided by JHTECH and/or its licensors, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and downloading corrupt or virus containing files resulting from your use of the CropDefender.com website.

LIMITATION OF LIABILITY

NEITHER JHTECH  NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF JHTECH IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

YOU the user agree to indemnify and hold harmless JHTECH, its directors, officers, employees, agents, vendors, advertisers, and clients from any claim arising from (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.

CHANGES TO AGREEMENT

JHtech reserves the right, from time to time, to amend or change this Agreement (including any of the policies which may be applicable to your use of the CropDefender.com website) by posting such revisions to JHTECH's Policies page located at http://www.cropdefender.com/anonymous/policies.aspx. You agree to visit this web site periodically to be aware of and review any such revisions. Changes to this Agreement shall be effective upon posting. By continuing to use the CropDefender.com website after revisions are posted, you accept the revisions and agree to abide by them.

RIGHT TO CHANGE, MODIFY, OR TERMINATE WEBSITE

Without prejudice to any other rights that JHTECH may have, JHTECH reserves the right and sole discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to provide the CropDefender.com website or any part thereof to any user or group of users, without prior notice and for any reason or no reason. In the event you or JHTECH terminate this Agreement, you must immediately stop using the CropDefender.com website.

MANAGEMENT OF YOUR DATA

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the CropDefender.com website. Minimum systems requirements apply to the use of the CropDefender.com website and it is your responsibility to ensure your computer system complies with these requirements. You are responsible for management of your information, including but not limited to back-up and restoration of data, erasing data from disk space you control and changing data on your router. You are also responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, user ID and password on your router and firewalls, to protect your information. JHTECH is not responsible for back-up and restoration of your information or for any loss of or disablement of access to your information, including without limitation, field notes, crop scouting reports, and data averages. In addition, you agree that information required by the Web Site software (including any personalization information) and other identifying information requested by JHTECH or its portal supplier may be placed in our user directory.  JHTECH will maintain your billing information on computer hardware that is not connected to the internet.

DATA OWNERSHIP

Any data that you transmit to the CropDefender.com website becomes the property of JHTECH.  By accepting this agreement, you acknowledge that JHTECH will use your data to generate averages, customized alerts, and other data products.  These data products will be offered to other users as an incentive to use the CropDefender.com website.  Your privacy will be protected as described in our privacy policy, which can be found at http://www.cropdefender.com/anonymous/policies.aspx.

MISCELLANEOUS

This Agreement shall all be governed and construed in accordance with the laws of the State of Colorado, United States applicable to agreements made and to be performed in the State of Colorado, United States. You agree that any legal action or proceeding between JHTECH and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Teller, State of Colorado, United States.

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. JHTECH’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. JHTECH may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Some of the information on this Web site may contain projections or other forward-looking statements regarding future events, products under development, or the future financial performance of JHTECH. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.

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Privacy Policy

OUR COMMITMENT TO PRIVACY

CropDefender.com respects your privacy.   We would like you to know exactly what information is collected and what we do with it.  When you use our site, there are four kinds of information that are collected:
a) Website traffic
b) Basic user information
c) Billing information (professional users and associations only)
d) Handheld data submitted by users

WEBSITE TRAFFIC

We use counters to measure how often people visit our site and which pages are most visited.  We do not record any identifying information about your computer or the previous website visited.  However, our web hosting provider does record browser type, computer operating system, IP address, previous site visited, and next site visited.  We still do not disclose this information to any third party.

BASIC USER INFORMATION

When you sign up on our site, you become a basic user.  For basic users, we collect your email, county, and state.  This information is used to generate geographic data averages.  We do not make local averages available unless there are enough users in your area to protect your anonymity.

Let’s suppose that you were the only user in your county.  We would not provide local data averages until at least 3 other people from your county had submitted data.  We feel this is a reasonable precaution to ensure that no one will be able to see an individual’s data, or guess their precise location.

In the future, we plan to allow professional associations to bypass this feature, provided all of their members agree.  This means that you would be able to see all of the data for people in your association (with their permission).

BILLING INFORMATION

Professional and association memberships require an annual fee.  We store billing information offline for your security.  We do not sell or share this information with any other third party.

HANDHELD DATA

CropDefender.com will be as good as users choose to make it.  If people agree to share basic data about scouting, operations, problems, etc, then we will have high quality data averages that will be useful at the national, state, and county levels.

We use your submitted handheld data to generate these averages.  If you wish to receive these data averages, then we require that you participate by submitting data.  If you choose not to participate, you may use the basic handheld software at no charge for your scouting and record-keeping needs.

When you submit your handheld data, it is collected by our server and averaged with data from other users.  If you have at least four users in your county, you will be able to see local data averages.  Likewise, if there are 4 users in your state, you will be able to see state averages.  We also plan to add customizable alerts so that you can warn others in your professional community about serious diseases, infestations, etc.

WHY DOES YOUR SITE USE COOKIES?

A cookie is a small, encrypted data string our server writes to your hard drive that contains your unique User ID for our web site. We use cookies to sign you up for our services, to log you in to our site, and to generate custom user pages. A cookie cannot be used to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies if you do not want us to establish and maintain a unique ID on CropDefender.com. Please be aware that cookies may be required to complete certain functions on this web site.  We do not use cookies to collect information about your web surfing habits on other sites.  Those cookies are commonly referred to as tracking cookies.

WHAT ABOUT THIRD PARTY ADVERTISING ON YOUR SITE?

We don’t allow it at the moment.  We may reconsider this position if a chemical or other agricultural company could provide a valuable service to our users.

PROTECTION OF CHILDREN’S PERSONAL INFORMATION

If you are under the age of 18, then you should not sign up for our site.  We apologize to those young professionals whom this may exclude.  We do not put material on our site that would be harmful to young children, but in the future we plan to allow associations to post information to all of their users.  Since we may not see this information before a child does, we ask you not to sign up if you are under 18.

WHAT ABOUT DATA SECURITY?

We have chosen to use some of the newest development tools in creating our website.  If someone did manage to gain full access to our online database, they would not be able to access your billing information.  This is the only unencrypted information they would be able to view:
a) User names, email addresses, security question(not the answer) and handheld ID.
b) State and County for each user
c) Handheld data submitted by users (field scouting, operations, etc).
d) Report header and custom form information.
Try to avoid entering personally identifying information such as name, address and phone.

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Handheld Software Use Agreement

CROPDEFENDER HANDHELD SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING CROPDEFENDER HANDHELD SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE TO INSTALL OR USE THIS SOFTWARE.

CROPDEFENDER HANDHELD SOFTWARE LICENSE TERMS

CropDefender developer (‘Developer’) grants you (‘Customer’) a license to use CropDefender handheld software and its documentation (‘CropDefender’), subject to the separate, applicable provisions below.

I. LICENSE FOR FREE (BASIC) VERSION OF CROPDEFENDER HANDHELD SOFTWARE

All customers are allowed to use the CropDefender Basic handheld software for free, subject to limitations as described below.

Customer agrees that CropDefender Basic handheld software has certain limitations, that these limitations may change over time without notice or obligation on the part of Developer.  Some of these limitations restrict which features the customer will be able to use on the CropDefender.com website.

II. LICENSE FOR PROFESSIONAL VERSION OF CROPDEFENDER HANDHELD SOFTWARE

Customer who purchased a license for CropDefender Professional handheld software is granted a nonexclusive license to use CropDefender Professional on up to 20 handheld computers that are owned by the customer.

Customer shall not use CropDefender Professional handheld software for commercial timesharing.  Customer shall not rent CropDefender Professional handheld software license to other parties.

LICENSE ACTIVATION: Customer hereby agrees to activation process for CropDefender Professional handheld software in which an additional download and installation of the software will be required.

BILLING INFORMATION FOR CUSTOMERS THAT PURCHASE PROFESSIONAL VERSION: Personal data of customers that purchase CropDefender Professional handheld software is stored offline on a single computer, with a compact disc backup that is kept locked in a safe.

Customer hereby allows Developer to store this personal data on Developer's server and on the compact disc backup. This data shall be used for purchase tracking, reactivation of CropDefender Professional handheld software licenses, refund and chargeback tracking and other customer service purposes. Under no circumstances will any of this information be sold or given to third parties.  For more information, please read our privacy policy at www.cropdefender.com/policies.

REFUNDS: Developer will refund the full amount paid for CropDefender Professional handheld software license if:
- The refund request is received by Developer within 30 days of the date of purchase of CropDefender Professional handheld software by Customer, and
- Customer provides Proof of Purchase, which is the original e-mail receipt for CropDefender Professional handheld software

III. GENERAL PROVISIONS FOR CROPDEFENDER BASIC AND PROFESSIONAL HANDHELD SOFTWARE

Customer shall not remove any product identification, copyright notices, or other notices or proprietary restrictions from CropDefender software.

Customer shall not cause or permit reverse engineering, disassembly, or decompilation of CropDefender software.

COPYRIGHT/OWNERSHIP OF PROGRAM: CropDefender software is the proprietary product of Developer and its licensors and it is protected by copyright, trade secret and other intellectual property laws.

Customer acquires only the right to use CropDefender software and does not acquire any rights, express or implied, in CropDefender software or media containing CropDefender software other than those specified in this License.

Developer, or its licensor, shall at all times retain all rights, title, interest, including intellectual property rights, in CropDefender software and media.

NO WARRANTIES OF ANY KIND: CROPDEFENDER SOFTWARE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN CROPDEFENDER SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF CROPDEFENDER SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT CROPDEFENDER SOFTWARE ERRORS WILL BE CORRECTED. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF CROPDEFENDER SOFTWARE IS WITH YOU.

LIMITATION OF LIABILITY: NEITHER DEVELOPER NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY CROPDEFENDER SOFTWARE INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, INCURRED BY CUSTOMER OR ANY THIRD PARTY, EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION: This License is effective until terminated. Customer may terminate this Agreement at any time by uninstalling CropDefender handheld software and deleting all its files. This License will terminate immediately without notice from Developer if Customer fails to comply with any provision of this License. Upon termination or expiration of this License Customer must uninstall CropDefender handheld software and delete all its files.

EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither CropDefender handheld software, nor any direct products thereof are exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If CropDefender handheld software has been rightfully obtained by you outside of the United States, you agree that you will not re-export CropDefender handheld software nor any other technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained CropDefender handheld software.

JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Colorado. All disputes hereunder shall be resolved in the applicable state or federal courts of Colorado. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of CropDefender handheld software, Developer shall be entitled to all legal costs and attorney's fees incurred in mediation, arbitration, suit and on appeal.

SEVERABILITY: If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of CropDefender handheld software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Developer.

CUSTOMER HEREBY ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

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