Last Modified: January 20, 2020
This website is one of several offered by AgReliant Genetics, LLC of information, products, services, content, and various other functionality to visitors. This page and these terms (“Terms”) specifically address use of the Advantage Acre® website and associated applications, products, and services, including premium services offered by Advantage Acre+ (collectively “Advantage Acre”). These Terms apply to all visitors, users, and others who access Advantage Acre (“Users”).
Some Definitions
Following are some definitions that explain some of the terminology used in these Terms.
• "AgReliant Genetics" refers to AgReliant Genetics, LLC and includes the following brands: AgriGold®, Eureka Seeds®, Great Lakes®, Golden Acres Genetics®, LG Seeds, Producers Hybrids®, Wensman®, and Advantage Acre®. • "Advantage Acre" means the Advantage Acre website homepage and associated pages, accessible through the home page directly or through additional links but does not include third-party websites not maintained or sponsored by AgReliant Genetics, software, and associated applications, products, and services, including premium services offered by Advantage Acre+. • The words "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using Advantage Acre for business or personal reasons, respectively and as applicable. • “Personal Information” and “Ag Data,” have the meaning provided in the Privacy Policy located at https://legal.advantageacre.com/privacy.html.The following Terms govern your access to and use of Advantage Acre, including any content, functionality, and services offered on or through Advantage Acre. Please read the Terms carefully before you start to use Advantage Acre. By using Advantage Acre you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms you must not access or use Advantage Acre.
Advantage Acre is offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using Advantage Acre, you represent and warrant that you are of legal age to form a binding contract with AgReliant Genetics and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Advantage Acre.
We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of Advantage Acre thereafter. Your continued use of Advantage Acre following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Advantage Acre so you are aware of any changes, as they are binding on you.
AgReliant Genetics will offer various services through Advantage Acre, which may require your acceptance of additional terms. These services may be changed, suspended, or discontinued from time to time. AgReliant Genetics may periodically conduct maintenance or improvements on Advantage Acre that may interrupt the services offered or your access to Advantage Acre. AgReliant Genetics will use reasonable efforts to ensure that any interruption in services is minimized to the User.
To access certain resources of Advantage Acre, you may be asked to provide certain information or registration details. It is a condition of your use of Advantage Acre that all the information you provide on Advantage Acre is correct, current, and complete. You agree that all information you provide through Advantage Acre is governed by the Privacy Policy located at https://legal.advantageacre.com/privacy.html and you consent to all actions we take with respect to your information consistent with such Privacy Policy.
We reserve the right to withdraw or amend Advantage Acre, and any service or material we provide on or through Advantage Acre, in our sole discretion without notice. We will not be liable if for any reason all or any part of Advantage Acre is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Advantage Acre, or the entire Advantage Acre, to users.
You are responsible for making all arrangements necessary for you to have access to Advantage Acre and ensuring that all persons who access Advantage Acre through your internet connection are aware of these Terms and comply with them. All Users must also comply with the Privacy Policy located at https://legal.advantageacre.com/privacy.html.
When you create an Advantage Acre account, you will create a unique log in and password for your account. You will be allowed one log in per account. Other users of Advantage Acre with whom you intend to share your Ag Data must create their own Advantage Acre account in order to gain access to your Ag Data or other information. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify AgReliant Genetics immediately of any breach of security or unauthorized use of your account. AgReliant Genetics will not be liable for any losses caused by any unauthorized use of your account, except for cases when that unauthorized use of the account was the result of negligence on the part of AgReliant Genetics or its personnel.
You are fully responsible for the Ag Data you transfer, share, upload, and/or download while using Advantage Acre. You may not intentionally or negligently upload Ag Data that is false or misleading. You represent and warrant that you are the owner of any Ag Data uploaded to Advantage Acre, or that you are licensed or authorized by the owner of the Ag Data. You may not upload viruses, spyware, or other malicious software to Advantage Acre. You assume full responsibility for any damage caused to AgReliant Genetics, AgReliant Genetics’ agents, or other Advantage Acre users if you or someone using your account violates this provision.
How you use, share, and transfer your Ag Data shall be governed by Advantage Acre’s Data Sharing Policy located at https://legal.advantageacre.com/data_sharing.html.
Certain services provided by Advantage Acre are at no cost to you. Other services, such as services provided with an Advantage Acre+ subscription, require payment. As applicable, you agree to pay for the services offered by Advantage Acre upon the terms and at the amount specified on the Advantage Acre website. Payment shall be completed through the Advantage Acre website via credit card or other immediately available funds. You authorize AgReliant Genetics to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in the services and to facilitate easy payment for new services. AgReliant Genetics utilizes third party payment processing vendors who have additional terms and conditions applicable to payments made by you. AgReliant Genetics is not responsible for any acts, errors, or omissions caused by such third-party vendors. Additionally, you may be charged sales tax or other applicable taxes based on the bill-to address and the tax rate in effect in your locality at the time your purchase is completed. If your payment is declined or refused by a third party, AgReliant Genetics may suspend or terminate your access to Advantage Acre.
Advantage Acre and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio and other technology, and the design, selection, and arrangement thereof) are owned by AgReliant Genetics, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
These Terms permit you to use Advantage Acre for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of Advantage Acre or any services or materials available through the Advantage Acre. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Advantage Acre, 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 if applicable, one copy of a reasonable number of pages of the Advantage Acre website or documents available on or through Advantage Acre for your own personal, non-commercial use and not for further reproduction, publication, or distribution.If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of Advantage Acre in breach of the Terms, your right to use Advantage Acre 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 Advantage Acre or any content on Advantage Acre is transferred to you, and all rights not expressly granted are reserved by AgReliant Genetics. Any use of Advantage Acre not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
AgReliant Genetics®, the AgReliant Genetics logo, AgriGold®, the AgriGold logo, the LG Seeds logo, We Mean Business®, Advantage Acre®, AgriShield®, Golden Acres®, Golden Acres Genetics®, Eureka Seeds®, Great Lakes®, Producers Hybrids®, and Wensman® trademarks of AgReliant Genetics, LLC. You must not use such marks without the prior written permission of AgReliant Genetics. All other trademarks, names, logos, product and service names, designs, and slogans on Advantage Acre are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from Advantage Acre infringe your copyright, you may request removal of those materials (or access to them) from Advantage Acre by submitting written notification to _____________________________. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice must include substantially the following:
• Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Advantage Acre, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.Please be aware that if you knowingly materially misrepresent that material or activity on Advantage Acre is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You may use Advantage Acre only for lawful purposes and in accordance with these Terms. You agree not to use Advantage Acre:
• 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 AgReliant Genetics, an AgReliant Genetics 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 Advantage Acre, or which, as determined by us, may harm AgReliant Genetics or Users of Advantage Acre, or expose them to liability.Additionally, you agree not to:
• Use Advantage Acre in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Advantage Acre, including their ability to engage in real time activities through Advantage Acre. • Use any robot, spider, or other automatic device, process, or means to access Advantage Acre for any purpose, including monitoring or copying any of the material on Advantage Acre. • Use any manual process to monitor or copy any of the material on Advantage Acre, 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 Advantage Acre. • 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 Advantage Acre, the server on which Advantage Acre is stored, or any server, computer, or database connected to Advantage Acre • Attack Advantage Acre via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of Advantage Acre.AgReliant Genetics strives to provide the public broad access to information about its products and services. In doing so, it is not AgReliant Genetics' intention to waive any intellectual property rights, including, without limitation, trade secrets, AgReliant Genetics may have in information on Advantage Acre under applicable laws. AgReliant Genetics has policies and procedures in place that are designed to prevent the disclosure on Advantage Acre of information that AgReliant Genetics considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from Advantage Acre that may have been inadvertently disclosed by AgReliant Genetics, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to AgReliant Genetics, you agree to destroy any copies of the information, in any form, in your possession.
The information presented on or through Advantage Acre 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 any User of Advantage Acre, or by anyone who may be informed of any of its contents.
We may update the content on Advantage Acre from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Advantage Acre may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on or through Advantage Acre is subject to our Privacy Policy at https://legal.advantageacre.com/privacy.html. By using Advantage Acre, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to the Advantage Acre homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Advantage Acre may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on Advantage Acre. • Send emails or other communications with certain content, or links to certain content, on Advantage Acre. • Cause limited portions of content on Advantage Acre to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you. • Cause Advantage Acre or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. • Link to any part of Advantage Acre other than the homepage. • Otherwise take any action with respect to the materials on Advantage Acre that is inconsistent with any other provision of these Terms.You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If Advantage Acre 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 Advantage Acre, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We provide Advantage Acre for use only by persons located in the United States. We make no claims that Advantage Acre or any of its content is accessible or appropriate outside of the United States. Access to Advantage Acre may not be legal by certain persons or in certain countries. If you access Advantage Acre from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
After sign up and payment of the appropriate fee, your Advantage Acre account will exist for one year. You can stop using your Advantage Acre account prior to expiration of the one-year term, but certain obligations may remain for services ordered prior to notice of termination. AgReliant Genetics reserves the right to suspend or terminate your Advantage Acre account at any time, without cause, without notice and without liability to you. AgReliant Genetics may suspend or terminate your account if you are not complying with these Terms, or are using Advantage Acre in any way that would cause AgReliant Genetics legal liability or disrupt others’ use of the services. All indemnity and liability provisions in these Terms survive termination.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Advantage Acre will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ADVANTAGE ACRE OR ANY SERVICES OR ITEMS OBTAINED THROUGH ADVANTAGE ACRE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ADVANTAGE ACRE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ADVANTAGE ACRE IS AT YOUR OWN RISK. ADVANTAGE ACRE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH ADVANTAGE ACRE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AGRELIANT GENETICS NOR ANY PERSON ASSOCIATED WITH AGRELIANT GENETICS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ADVANTAGE ACRE. WITHOUT LIMITING THE FOREGOING, NEITHER THE AGRELIANT GENETICS NOR ANYONE ASSOCIATED WITH THE AGRELIANT GENETICS REPRESENTS OR WARRANTS THAT ADVANTAGE ACRE , ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH ADVANTAGE ACRE 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 ADVANTAGE ACRE OR ANY SERVICES OR ITEMS OBTAINED THROUGH ADVANTAGE ACRE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AGRELIANT GENETICS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL AGRELIANT GENETICS, 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, ADVANTAGE ACRE , ANY WEBSITES LINKED TO IT, ANY CONTENT ON ADVANTAGE ACRE 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.
You agree to defend, indemnify, and hold harmless AgReliant Genetics, 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 or your use of Advantage Acre, including but not limited to any use of Advantage Acre ’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Advantage Acre.
All matters relating to Advantage Acre and these Terms, 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 Advantage Acre shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Nothing herein should be considered a solicitation or promotion for any product or an indication for any product that is not permitted by the laws or regulations of the country where a visitor of Advantage Acre resides. These Terms create no third-party beneficiary rights. AgReliant Genetics may assign its rights without your consent. These Terms do not create a partnership or agency relationship between you and AgReliant Genetics.
No waiver by AgReliant Genetics of any term or condition set out in these Terms 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 AgReliant Genetics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
The Terms, our Privacy Policy, and the Data Sharing Policy constitute the sole and entire agreement between you and AgReliant Genetics regarding Advantage Acre and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Advantage Acre.
This website is operated by AgReliant Genetics, LLC with an address of 1122 East 169th Street, Westfield, Indiana 46074. For feedback, comments, questions, requests for technical support, and other communications relating to Advantage Acre, please contact support@advantageacre.com.
If you need to contact AgReliant Genetics for any purpose regarding these Terms, the Privacy Policy, or Advantage Acre Data Sharing Policy, please email support@advantageacre.com or call (855) 278-9134