THIS FOLLOWING UNIVERSAL TERMS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH CROPMOBSTER, INC. OFFERS YOU ACCESS TO THE CROPMOBSTER PLATFORM. Please also note that the Terms contain a BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER under the Dispute section- which affects your rights with respect to any claims or disputes by or against CropMobster. You may opt out of that provision as described under that Section.
At CropMobster, Inc., (“CropMobster,” “we,” “our” or “us”), our dedicated team works hard to provide a Service to help you (“Users,” “you,” “your”) publish, find and share agricultural products, foods and services with others from around the world.
These Universal Terms of Service (“Terms”) govern your access to and use of the services, including our various website, mobile application, SMS, APIs, email notifications, applications, buttons, and widgets, (the “Services”), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. You must read and agree to all of the terms and conditions contain in the Terms, which includes those terms and conditions expressly set out below and incorporated by reference. By accessing or using the Services you acknowledge that this is a legally binding agreement and You agree to be bound by these Terms.
You may use the Services only if you can form a binding contract with CropMobster and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. Without limiting the foregoing, Our Services are not available to minors (person under the age of 18) or to temporarily or indefinitely terminated Users. By becoming a User, your represent and warrant that You are at least 18 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other Users of the Services and by others from around the world- through third party services and websites. You cannot control who sees your post- so please post carefully. You should only provide Content that you are comfortable sharing with others under these Terms.
You are the only authorized user of Your account. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. CropMobster cannot and will not be liable for any loss or damage arising from your failure to comply with the above. Should you suspect that any unauthorized party maybe using Your password or account, or You suspect other breach of security, You agree to contact Us immediately.
We here at CropMobster are committed to the communities that we service. We want to provide great service and more tools to allow the communities to better connect and improve the way that they interact with one another on important topics of community concern. Therefore, the Services that CropMobster provides will change and evolve and the form and nature of the Services that CropMobster provides may change from time to time without prior notice to you. In addition, CropMobster may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Once a post is made on the CropMobster website that post is then posted on other third party websites and third party social media sites. By signing up and using this Service you are also agreeing to the terms and conditions of all the sites that CropMobster posts to: Facebook, Twitter, LinkedIn, Pinterest, Google, Instagram and other popular social sharing platforms and technologies. Please note that some third party websites or social media sites may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. Please refer to each third parties terms of service agreements to obtain further information on your rights relating to the Content posted to their sites.
If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access CropMobster or register for the services provided on CropMobster. We may amend this Agreement at any time by posting the amended terms on the CropMobster website. If We post amended terms on the CropMobster website, You may not use the Services without accepting them. Except as stated below, all amended terms shall automatically be effective after they are posted on the CropMobster website. This Agreement may not be otherwise amended except in writing signed by You and CropMobster.
CropMobster does not accept payment by Users for its Service. Donations are accepted and may be made via PayPal or any third party payment vendor gateway. Donation amounts cannot be made based on a transaction that was consummated via the Service.
Any payment made to any other User for food, products or services that are listed on CropMobster’s website or published via the CropMobster Service is completely voluntary. CropMobster will not dictate prices nor give guidance regarding the value of certain goods or services. IT IS THE USERS SOLE RESPONSIBILITY, AND NOT THE RESPONSIBILITY OF CROPMOBSTER, TO DECIDE WHETHER AND HOW MUCH TO PAY TO ANY OTHER USER WHO ADVERTISES OR MAKES POSTS VIA THE CROPMOBSTER SERVICE.
CropMobster will not accept payments on behalf of other Users. It is between both parties to arrange for payment, refund, or cancellations.
Privacy and Your Information
You are solely responsible for Your information and Your interactions with other Users, and We act only as a passive conduit for Your online posting. When You use the Service, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and update, in a timely fashion, Your information to keep it accurate, current and complete at all times these Terms are in effect. You agree that We and other people of the public may rely on Your information as accurate, current and complete. You acknowledge that if Your information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate these Terms and Your use of the Services.
By accepting these Terms, a User agrees that, if they post items for sale or food for public consumption, We may obtain information about the User, including without limitation the User’s food safety records, references and other information. A User hereby authorizes Us to perform a background check on the User, and further agrees to provide any necessary authorization to facilitate Our access to the User’s official health inspection records, references and any other information We deem necessary during the effectiveness of these Terms.
Third Party Sites and Social Media Sites
As a part of the functionality of the Service your posts will be either moderated or automatically sent out in real time and published via a variety of websites and/or social media sites. The accounts for those social media sites shall be created and owned by CropMobster. You understand that by using the Service you are granting CropMobster with the authority to submit and publish your post on other websites and social media sites.
Please note that if a Third Party Account or associated service becomes unavailable or CropMobster’s access to such Third Party Account is terminated by the third party service provider, then certain content may no longer be available on the CropMobster platform and/or on the third party platform.
Users Representations and Warranties
By Using the Service the User represents and warrants and agrees that:
- You are responsible for ensuring that your posts complies with all applicable laws and regulations and will be held liable for (and will indemnify and hold CropMobster, it’s clients, customers or third party vendors harmless from any losses or other liabilities arising from or relating to) any post hosted through CropMobster.
- The User is at least 18 years of age.
- The User legally possesses all items posted for use, donation or sale. The User has the legal right, and is in compliance with all applicable statutory and state requirements to sale or offer for sale any product, service or food item that is posted on the Service.
- If the User is a food producer they represent and warrant that their facility is in good operating condition and meets the industry safety standards and all applicable statutory and state requirements.
- User will be solely responsible for any and all liability which results from or is alleged as a result of use of their products, use of their services, or consumption of their food, including but not limited to personal injuries, sickness, death, and property damages.
- User will obey all laws related to the matters set forth herein, and will be solely responsible for any violations of such laws. Which shall include but are not limited to any and all product or food recalls, market withdrawals and safety alerts.
- User will not offer to any one person, via the Service any product, service, food product whose retail value exceeds $100,000.
- Users will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. This includes making post that exclude certain groups based on the categories listed above.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CropMobster be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the CropMobster Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the CropMobster Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for CropMobster to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with CropMobster for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by CropMobster, or other companies, organizations or individuals who partner with CropMobster, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer Services and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any Services, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. CropMobster will not be responsible or liable for any use of your Content by CropMobster in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Your License to Use the Services
CropMobster gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by CropMobster as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CropMobster, in the manner permitted by these Terms.
Further, You may not rent, lease, lend, sell, redistribute or sublicense the CropMobster Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CropMobster Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of CropMobster and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by CropMobster that replace and/or supplement the CropMobster Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
In addition, other Users may post copyrighted information on the CropMobster Platform, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Users on the CropMobster Service.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of CropMobster and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the CropMobster name or any of the CropMobster trademarks, logos, domain names, and other distinctive brand features.
Control of Information on the Service
One of the goals of CropMobster is to drastically reduce food waste in the world. Through our Service we will enable people from all over the world to find, connect and consume in ways that have never existed. However, the item descriptions pertaining to type, quality, etc. provided by Users on the Service is for basic posting purposes only and is not intended to be relied upon in situations where the precise description of the item or the facility in which it may be housed or processed is needed or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Neither CropMobster, nor any of its sponsors, advertisers, or corporate or community sponsors, guarantees the availability, accuracy, completeness, reliability, or timeliness of any food, product, or service displayed by the Service.
You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the CropMobster Platform if You have misused the CropMobster Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
With respect to Your participation on the CropMobster Platform or through the Services, You agree that You will not:
- Impersonate any person or entity;
- “Stalk” or otherwise harass any person;
- Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;
- Access, tamper with, or use non-public areas of the Services, CropMobster’s computer systems, or the technical delivery systems of CropMobster’s providers;
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CropMobster (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with CropMobster (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of CropMobster is expressly prohibited);
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- remove any copyright, trademark or other proprietary rights notices contained in the Service;
- interfere with or disrupt the Services or the CropMobster Platform or the servers or networks connected to the Services or the CropMobster Platform;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
- “frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the CropMobster Platform in order to direct any person to any other web site for any purpose; or
You further agree that Your Information and Your interactions on the CropMobster Platform shall not:
- be false, inaccurate or misleading (directly or by omission or failure to update information);
- infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
- contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
You further agree that You will not transfer, use, or sell Your CropMobster account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any User that does not comply with these prohibitions.
All intellectual property rights on the CropMobster Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the CropMobster Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the CropMobster Platform or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of CropMobster. CropMobster shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
CropMobster respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, CropMobster will also terminate a User’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
c/o Designated Copyright Agent
PO Box 309
Valley Ford, CA 94972
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents, clients, and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:
- Your breach of this Agreement or the documents it incorporates by reference; or
- Your violation of any law or the rights of any User or other third party, as a result of Your own interaction with such User or third party,
- Any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- Any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
The Terms will continue to apply until terminated by either you or CropMobster as follows.
You may end your legal agreement with CropMobster at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform CropMobster when you stop using the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other rules we post on the CropMobster website; (ii) you create risk or possible legal and/or financial exposure for Us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) you create any potential risk that We or any other User will be subject to regulation by any state or local government or regulatory agency.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply:(Content of Services), (Your Rights), (License to use the Service), (CropMobster Rights), (Copyright policy), (Intellectual Property), (Indemnity), (Disclaimers and Limitations of Liability), and (General Terms).
Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of CropMobster and its affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “CropMobster Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE CROPMOBSTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The CropMobster Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the CropMobster Entities or through the Services, will create any warranty not expressly made herein.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CROPMOBSTER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT, PRODUCTS, FOOD OR OTHER ITEMS OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
even if We or Our agents or representatives know or have been advised of the possibility of such damages WE ARE NOT LIABLE. We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of CropMobster or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of CropMobster or the services, or introduced to you via CropMobster or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort.
CROPMOBSTER HAS NO RESPONSIBILITY WHATSOEVER FOR THE ACTIONS OR CONDUCT OF ITS USERS. CROPMOBSTER HAS NO OBLIGATION TO INTERVENE IN OR BE INVOLVED IN ANY WAY IN DISPUTES THAT MAY ARISE BETWEEN USERS, OR THIRD PARTIES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PROVIDING OR ACCEPTING ITEMS REST SOLELY WITH YOU. IT IS EACH USERS’ RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY PARTY THEY MAY INTERACT WITH THROUGH USE OF THE SERVICES. CROPMOBSTER MAY BUT HAS NO RESPONSIBILITY TO SCREEN OR OTHERWISE EVALUATE POTENTIAL USERS. USERS UNDERSTAND AND ACCEPT THAT CROPMOBSTER HAS NO CONTROL OVER THE IDENTITY OR ACTIONS OF THE RIDERS AND DRIVERS, AND CROPMOBSTER REQUESTS THAT USERS EXERCISE CAUTION AND GOOD JUDGMENT WHEN USING THE SERVICES. DRIVERS AND RIDERS USE THE SERVICES AT THEIR OWN RISK.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CROPMOBSTER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID CROPMOBSTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CROPMOBSTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Full Release and Indemnity
In the event that You have a dispute with one or more Users, You agree to release CropMobster (and Our officers, directors, agents, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the CropMobster Services. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Any dispute arising from or relating to the subject matter of the Terms shall be finally settled by binding arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.
YOU AND CROPMOBSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND CROPMOBSTER AGREE OTHERWISE, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
A. Waiver and Severability
The failure of CropMobster to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at http://sfbay.cropmobster.com/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an website update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by CropMobster Inc., If you have any questions or concerns about these terms of service, please contact support@CropMobster.com and we will do our best to address them.
You and CropMobster are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices and Complaints
Except as explicitly stated otherwise, any notices to CropMobster shall be given by certified mail, postage prepaid and return receipt requested to CropMobster Inc.,
PO Box 309
Valley Ford, CA 94972
, and any notices to You shall be provided to You through the CropMobster Service or given to You via the email address You provide to CropMobster during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to CropMobster during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Service, You should first contact Our Customer Service Department by email at support@CropMobster.com.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section
Effective as of March 2014