This is the CA Website Terms of Use. Click here for the US Website Terms of Use

Decisive Farming Corp.

This Website, including all contents, data, information and materials contained therein (“Website”) is operated and made available by Decisive Farming Corp. (“Decisive Farming”, “we”, “us”, “our”, etc.). Your access to the Website is conditional on your accepting and agreeing to, and complying with, the following disclaimers, limitations of liability and website terms of use (collectively “Terms of Use”). By accessing and/or using the Website, you accept and agree to these Terms of Use, and enter into a binding legal contract and agreement with Decisive Farming, the terms of which agreement are as stated in these Terms of Use. If you do not accept these Terms of Use, you should not access or use this Website.
Decisive Farming may change these Terms of Use from time to time without notice. Continuing to use or access the Website following our posting revised Terms of Use constitutes your acceptance of the revised Terms of Use. Use of or access to this Website is not permitted where such use or access is prohibited by applicable law.

The Website is for general information purposes only. Any monetary amounts mentioned in this Website are in Canadian dollars unless otherwise noted.

Rights and Licenses

Unless otherwise stated, all the contents of this Website and any information thereon, including the selection and arrangement of the elements making up this Website, are copyright © Decisive Farming, or its affiliates or licensors, all rights reserved. Decisive Farming™, My Farm Manager™, Optimize RX™, Croptivity™ and associated marks, logos and designs are trade-marks and the exclusive property of Decisive Farming, all rights reserved. The trade-marks of third parties, if any, appear with any required licenses.

Conditional on your accepting and complying with these Terms of Use, Decisive Farming grants you a gratuitous, personal, limited, revocable, conditional and non-exclusive license to display and print the contents of the Website for personal, non-commercial use only, provided you do not alter the contents thereof. Any other use is strictly prohibited without the express written consent of Decisive Farming. Any rights not granted in these Terms of Use are expressly reserved by Decisive Farming.

Alberta Law Applies

The laws of the province of Alberta, and the laws of Canada applicable in Alberta, will govern use of this Website and the interpretation, validity and effect of these Terms of Use, notwithstanding your physical location (whether permanent or temporary), residence or domicile. You hereby irrevocably consent, submit and attorn to the non-exclusive jurisdiction of the courts of the province of Alberta, sitting at Calgary, without regard to the conflicts of laws provisions of such courts, in any action or proceeding related to this Website, its contents, your use thereof or, subject to the provisions of any other agreement between you and Decisive Farming, your other dealings with Decisive Farming. You agree to not commence any such action or proceeding except in Calgary, Alberta, Canada, and you agree to not commence any action by way of class proceedings or class action, provided that nothing in the foregoing will restrict Decisive Farming from seeking an injunction or other equitable relief in any court of competent jurisdiction if required to restrain a breach or threatened breach of these Terms of Use.

DISCLAIMER OF WARRANTIES AND CONDITIONS

THE WEBSITE IS PROVIDED STRICTLY ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE, DECISIVE FARMING GIVES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, OR AS TO THE AVAILABILITY, TIMELINESS, COMPLETENESS, ACCURACY OR RELIABILITY OF THE WEBSITE, OR AS TO ANY CONTENT, DATA, MATERIALS OR INFORMATION AVAILABLE ON, THROUGH OR VIA THE WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL DECISIVE FARMING, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE OR RESPONSIBLE FOR ANY LOSS, CLAIM, COST OR DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OR DAMAGES FOR ANY LOSS OF PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, INTERRUPTION OF ACTIVITIES, FAILURE TO REALIZE EXPECTED REVENUE OR SAVINGS, OR LOSS OF DATA, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, AND WHETHER ARISING OUT OF ANY USE OR MISUSE OF THE WEBSITE, OR ANY INTERPRETATION, RELIANCE UPON OR OTHER USE, AUTHORIZED OR UNAUTHORIZED, OF ANY CONTENT, DATA OR INFORMATION AVAILABLE ON OR VIA THE WEBSITE. UNDER NO CIRCUMSTANCES WHATSOEVER WILL DECISIVE FARMING, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIM IN EXCESS OF TEN ($10.00) DOLLARS. THE FOREGOING PROVISIONS SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND NEGLIGENT MISSTATEMENT), CONTRACT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

Services

Decisive Farming markets and provides software and services, including software as a service (collectively, the “Services”). All of the Services described on, promoted on, linked to or from, or available or potentially made available on or through the Website: (i) do not constitute an offer open for acceptance by you and are, at most, only an invitation to treat; (ii) are subject to further licensing agreements with Decisive Farming in its sole discretion, (iii) are posted or promoted only for informational and marketing purposes; and (iv) are subject to availability and to change without notice. In the event of any conflict between these Terms of Use and any commercial agreement between you and Decisive Farming, such commercial agreement will take priority to the extent of any inconsistency unless Decisive Farming expressly states otherwise.

Third Party Links and Endorsements

From time to time, Decisive Farming may post certain links on the Website that lead to other websites maintained by independent third parties over which Decisive Farming has no control. Decisive Farming accepts no obligation to post or maintain any such links and there may be no such links at any given time. If Decisive Farming does provide such links, such links provided solely as a convenience for users of the Website and do not constitute an endorsement by Decisive Farming of the content of such third party sites, unless Decisive Farming expressly states otherwise. Your use of such links is in all cases solely at your own risk. Links to this Website may also be provided from other sites either known or unknown to Decisive Farming and access to any other website linked to or from this Website is at your own risk. Decisive Farming make no representations, warranties, conditions or guarantees, and disclaims all liability and responsibility for the privacy practices, content or accuracy of content on all such third party websites.

Internet Communications and Email

The Internet is not a secure medium and data in transit or housed on computers is subject to possible interception, loss, corruption, or alteration for which Decisive Farming assumes no liability. You use the Internet and email solely at your own risk.

Decisive Farming will not be responsible for, nor be liable to you or anyone else, for any damages in connection with any Internet communication with Decisive Farming, nor for any email sent by you to Decisive Farming, or any email or other electronic communication sent by Decisive Farming to you at your request or in response to information received from you.

Linking

You may link to the front page of this Website at www.DecisiveFarming.com. Any other link to this Website, and any linking to other web pages within the Website or framing of content on this Website, is prohibited without the prior written consent of Decisive Farming.

General Terms

These Terms of Use will ensure to the benefit of Decisive Farming and its heirs, successor and assigns. In the event that any portion of these Terms of Use is found to be invalid by a court of competent jurisdiction, such provision shall be severed from these Terms of Use, and the balance of these Terms of Use shall remain in full force and effect.



Contacting Decisive Farming

Subject to these Terms of Use, this Website may permit you to contact Decisive Farming to receive or provide information, to provide Decisive Farming with questions or comments, to request certain aspects of the Services, to submit information with respect to possible employment by Decisive Farming, to subscribe to newsletters and/or other periodically distributed information, and for such other purposes as Decisive Farming may permit from time to time. Decisive Farming shall have no obligation to implement or continue to make available any of the foregoing, and Decisive Farming shall have the right to modify or terminate any of the foregoing without notice to you at any time, and from time to time.

Decisive Farming requests that you provide Decisive Farming with only such personal information as you reasonably should disclose in order to permit Decisive Farming to provide you with information, respond to you, consider your queries, consider you for employment, or otherwise respond to you. Decisive Farming accepts no liability for any failure to receive your information, or for any loss of, or damage to, information in transit to Decisive Farming, or for information received by Decisive Farming. Any personal information you provide is considered by Decisive Farming to have been provided with your consent, permitting Decisive Farming to collect, use and disclose such personal information for reasonable purposes related to your contacting Decisive Farming or receiving information from Decisive Farming.