Terms of Service
We have recently updated our Terms of Service, please read and accept the Terms of Service to continue.

  1. Acceptance of Terms: By accessing our Service Systems (defined below), you hereby agree with the provider of the Service Systems, to all of the following terms and conditions of use (the “Agreement”). If you do not agree to this Agreement, do not access or use the Service Systems or any content on our sites. You hereby acknowledge and agree on behalf of yourself and your organization that the Service Systems are subject to the restrictions and limitations described below.
  2. Definitions:
    1. "Agri-Trend Group" means Agri-Trend Inc. and its affiliated operating companies.
    2. "Customer" means the farmer or land-owner in respect of which or for whom the Output Data is generated and provided.
    3. "Input Data" means all raw numerical or factual data in respect of a Customer or Customer’s land.
    4. "Marks" means all of our registered and unregistered trade-marks, service marks, logos, designs and trade names, including AGRI-TREND™ AGRI-DATA™ AGRI-COACH™, MySCP™, MyPAL™, MySMP™, The Strategic Crop Plan™, The Strategic Marketing Plan™, The Strategic Farm Business Plan™, the Agri-Data Logo, Agri-Trend Two-Leaf Design, related marks, logos and designs and additional marks that we may adopt and use from time to time.
    5. "Output Data"means all information or content which results from personal judgment, expertise, analysis, or creative endeavour, including notes, images, audio or video content, results and recommendations that flow from Input Data, and other reports and business summaries, and includes the content of the Strategic Crop Plans and Farm Plans authored by the Agri-Coach.
    6. "Service Systems" means the Agri-Trend Netware Suite and its components, including MySCP Netware, MyPAL (Pocket Agri Logger), MySMP Netware and/or The AGRI-DATA Warehouse and The AGRI-DATA Solution or other online service systems provided by the Agri-Trend Group from time to time, and includes:
      1. all articles, images, text, front-end graphics, pictures, designs, audio and video content, information, databases, and other content supplied by us or our licensors;
      2. content, compilations or reports that flow from Input Data and which are generated by our software systems;
      3. our proprietary computer applications and software systems, business processes, back-end databases and software; and
      4. all related information and materials including Strategic Crop Plans, Strategic Marketing Plans, Strategic Farm Business Plans and materials related to: The Agri-Coach Program, The Market-Coach Program, Agri-Trend Associate Program, Agri-Trend Retail Support Program, Agri-Trend Industry Partner Program, Agri-Training Solution, Agri-Trend Research Initiative, Crop Health Initiative, Soil Health Initiative, and/or Quality Control Agri-Coach Program and other programs we may introduce from time to time.
    7. "you" and "your" refer to any users of the Service Systems; the term "we", "us" and "our" refer to The Agri-Trend Group and the providers and licensors of the Service Systems as listed below.
  3. Service Systems Providers: Subject to the restrictions and limitations, the Service Systems are licensed under this Agreement by the provider in your jurisdiction, as set forth in Section 18. You may not have access to all of the listed services, depending on your service package or payment terms. Any services added from time to time may be licensed by our other affiliates or licensors.
  4. Your Account: To access and use certain features of the Service Systems, you will be required to register and create an account. You are responsible for maintaining the confidentiality of your account information and password. You shall be responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account. You represent and warrant that: (a) you are over the age of 18; (b) your account has not previously been suspended or removed; (c) you are not a direct competitor of us; (d) you are qualified under our standard qualification requirements, and will remain qualified during the term of this Agreement, and you have the authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
  5. Your Access: You must provide your own computer hardware and software necessary to connect to the Service Systems, including internet access and if applicable, a suitable mobile device, according to the technical standards and specifications we stipulate from time to time.
  6. General Access: Portions of our websites which do not require an account and password are provided for information purposes only, or for personal, non-commercial use. Public users without an account are still bound by the restrictions and disclaimers set forth below, and if you use our sites you will be considered to have agreed to this Agreement.
  7. Grant of License: If you have paid the invoiced fee or other amount owing as between you and our service provider, and you are not otherwise in breach of this Agreement or any other agreement between you and our service provider, you are hereby granted a limited license to access and use the Service Systems, the Input Data and the Output Data for the purposes set forth in this Agreement, and for no other purpose, during the term of this Agreement. By entering into this Agreement, you grant to us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right and license to us: (a) to provide copies of Input Data to the owner of such data if requested; (b) to host, publish and retain back-ups of your Output Data, or any other content that you upload or submit to us; and (c) within the scope of Section 8, to assign and transfer access to such Output Data and content to another user without any further consent, notice and/or compensation to you or to any third parties.
  8. Termination Rights:
    1. By Us: In the event you breach this Agreement or any other agreement between you and our service provider, and such breach is not remedied or cured within 10 days of written notice (or such other shorter or longer cure period as may be stipulated in any other such agreement), we may terminate this Agreement and thereafter your access to the Service Systems will be subject to Section 8(d) below.
    2. By You: You may shut down your account and cease use of the Service Systems at any time. We require reasonable written notice from you, to implement our standard security policy and to terminate access in accordance with your time-table for ceasing use of the Service Systems. If you elect to terminate early, any prepaid amounts are non-refundable.
    3. By Transfer: You may request that your access rights be transferred to another user, and if qualified under our standard qualification requirements, we may approve the transfer to such user, and we will work with you to terminate your access to the Service Systems and to transfer access to the new user.
    4. 30-Day Rule: In cases which fall under Section (a) above, you will be restricted from accessing your account until such time as the default or breach is remedied or cured, after which the following shall apply. In cases other than Section (a) above, you may access your account and you are responsible for backing-up, saving, downloading or deleting any of your Output Data, as you wish, prior to the termination or transfer of your account, and in any event no later than 30 days from the date of termination. For these purposes, termination shall occur on the date agreed, or at the end of the period for which account access fees are paid-up.
  9. Intellectual Property Rights: As between you and us and the Customer and subject to Section 8: (a) you agree that the Service Systems and all object and source-code, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us, and you will not contest or challenge such ownership; (b) the Input Data is owned by the Customer; and (c) the Output Data is owned by the person or entity that authored or created the Output Data.
  10. Content: As an authorized user, you may create and upload content as part of your use of the Service Systems, such as plans, diagrams, maps, audio and video content, text, images, links and contact information, as the Service Systems permit. We claim no rights of ownership to content that is uploaded, submitted or provided by others. If you upload content, or provide content to us for uploading, then you are solely responsible for that content, and the consequences of posting or publishing it in connection with the Service Systems. You represent and warrant that you own or have the necessary and required licenses, rights, permissions and consents (including consents of Customers and content authors), to submit and post such content. We reserve the right to remove content without prior notice in the event of claims or disputes related to such content.
  11. Prohibited Uses: The Service Systems may be used only for authorized purposes by users who have agreed to this Agreement. You may not:
    1. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of our Service Systems for any purpose;
    2. Use the output of the Service Systems for any purpose other than as required in connection with your provision of professional services to Customers in accordance with your agreements with our service providers;
    3. Upload, post or submit any false or inaccurate content, Input Data or Output Data;
    4. Corrupt, falsify or distort any content, Input Data or Output Data;
    5. Delete or revise any portion of our Service Systems;
    6. Distribute, sell, lease, transfer, assign, trade, rent, publish or license the Service Systems as a stand-alone service to others;
    7. Engage in linking or framing of any portion of our sites or our Service Systems;
    8. Aggregate, scrape, harvest or duplicate any portion of our Service Systems, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the purposes of the Service Systems;
    9. Upload, post or submit content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
    10. Copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our Marks.
  12. Copyright: All content published on or otherwise accessible through our sites is protected by copyright in Canada, the United States and through international treaties. Copyright in the Service Systems and other content supplied or authored by us is owned by us, along with the layout and design of our sites and all object and source-code and database structures.
  13. Trade-marks: Our Marks are trade-marks/registered trade-marks protected in Canada, the United States, and through international treaties and may not be used without prior written authorization. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
  14. Privacy: By agreeing to the terms of this Agreement, you agree to be bound by our Privacy Policy (accessible online). We take reasonable precautions to protect personal information. You are required to obtain necessary consents for the collection, use and disclosure of any personal information which may appear in content submitted or uploaded by you. If consent is withdrawn, we reserve the right to remove or delete any personal information.
  15. Indemnity: You agree to defend, indemnify and hold the Agri-Trend Group and its providers, licensors, operators and/or related companies harmless from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any violation of this Agreement by you or users of your account, or in connection with (a) the use of the Service Systems, (b) the uploading, posting or submission of any Input Data, Output Data, or other content or information on our sites by you or users of your account, (c) any breach by you of any representation or warranty, or (d) any other breach by you of this Agreement or any other agreement between you and our service providers.
  16. Limited Warranty: The Service Systems will be maintained to be available and to function within stated specifications, according to professional industry standards. We will not be liable or responsible for any failure or interruptions of the Service Systems which are caused by occurrences or events beyond our control such as: unauthorized modifications of the Service Systems by the end-user or others, failures of your internet service provider, failures in the internet, failures in third-party software or hardware, third-party viruses, or user error.
  17. LIMITATION OF LIABILITY: We will not be liable for any indirect, incidental or consequential damages, arising out of or in connection with the use the Service Systems. In any event, you agree that (a) the aggregate liability of the Agri-Trend Group for damages (other than those damages related to professional and agronomic recommendations or advice) shall be limited to the amount paid by you to use the Service Systems during the six-month period preceding the date of occurrence of the claim; and (b) any such claim must be brought within one year of occurrence
  18. Jurisdiction & Applicable Law:
    1. Canada: If you are located or resident in Canada, you are contracting through one of our operating affiliates: Agri-Trend Agrology Ltd., Agri-Trend Agrology (Canada) Ltd., Agri-Trend Marketing Inc., or Agri-Trend Aggregation Inc., which has obtained rights through Agri-Data Solution (Canada) Inc. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein, without regard to its conflict of laws rules.
    2. United States: If you are located or resident in the United States, you are contracting with US Agri-Data Solution LLC and this Agreement will be governed by the laws of the State of Idaho and the federal laws applicable therein, without regard to its conflict of laws rules.
    3. Rest of the World: If you are located or resident outside Canada and the United States, you are contracting with Agri-Trend Data Corp. and this Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein, without regard to its conflict of laws rules.

    19. In the event of any dispute arising under this Agreement, you agree to submit to arbitration in accordance with Section 19.

  19. Dispute Resolution:
    1. Canada & Rest-of-World: If you are located or resident in Canada or outside the United States, the following shall apply. You agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. The language of the arbitration shall be English. Arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
    2. United States: If you are located or resident in the United States, the following shall apply. You agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Boise, Idaho. The language of the arbitration shall be English. Arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
    3. Refundable Fee Advances for Individuals: If you are involved in a Dispute as an individual customer without any commercial interests related to the dispute, we will agree to conduct arbitration proceedings in a major City in your Province or State if travel to the City designated above would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.
    4. Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
  20. Beta & Trial Use: From time to time, we may offer use of some or all of the Service Systems under beta, trial and/or promotional offers. Such use may be terminated by us at any time without any recourse by you. Because such access is made without charge, and/or may be for pre-release versions, you bear the entire risk of use.
  21. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
  22. Changes: Changes to this Agreement may be made from time to time by written agreement between the parties, and the modified form of the Agreement will take effect upon execution. We reserve the right to change or remove any of our content, functionality or features from the Service Systems, in whole or in part, at our sole discretion, at any time, with reasonable written notice.
  23. US Government End Users: The Service Systems may not be supplied to the US Government without (a) our prior written permission and (b) the imposition or declaration of restricted rights as may be applicable under US law. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in DFARS 227.7202 or in FAR 52.227-19, or their successors as applicable. You hereby indemnify us from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from your failure to act in accordance with the certifications and commitments in this Section.
  24. Export Controls: You may not use or otherwise export or re-export the Service Systems except as authorized by applicable United States or Canadian law. You represent and warrant that you are not located in, under control of, or a national or resident of any country subject to export controls.
  25. Survival: All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement's expiry or termination for any reason. The following terms shall survive the termination of this Agreement: 3, 8, 9, 11, 15, 1, 16, 18 and 19.
  26. Miscellaneous: You may not assign or transfer the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. This Agreement constitutes the entire agreement between Agri-Trend Group and you with respect to your use of the Service Systems. In the event of any inconsistency between this Agreement and any other agreement between us and you, this Agreement will prevail to the extent of resolving the inconsistency. Any failure by us 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. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This Agreement may be agreed to by electronic acceptance, or may be executed by facsimile or other digital copy.