PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS: THESE TERMS INCLUDE A CLASS ACTION WAIVER AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Last modified: Jan 2, 2020
E-SIGN CONSENT TERMS.
PLEASE READ THESE E-SIGN CONSENT TERMS (“CONSENT”) CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS CONSENT APPLIES TO ALL DISCLOSURES, AGREEMENTS, STATEMENTS, NOTICES AND OTHER DOCUMENTS RELATED TO THE SERVICE (“DOCUMENTS”).
What about my privacy?
What are the basics of using Harvest Platform?
You may be required to sign up for an account, and select a password and user name (“Company User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Company User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Rights you grant us
Your use of the Services is subject to the following additional restrictions: You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
10.Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in Harvest Platform?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Harvest Platform’s) rights. You understand that Harvest Platform owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Company or to other users?
What if I see something on the Services that infringes my copyright?
You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Harvest Platform, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Harvest Platform has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Harvest Platform will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Harvest Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Harvest Platform is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Harvest Platform, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Will Harvest Platform ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Does Harvest Platform cost anything?
It is free to sign up for Harvest Platform. If you authorize us to perform Services for you, such as negotiate on your behalf, we may charge you a percentage of what we save you on certain transactions. We reserve the right to change pricing or charge for all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. We will recoup payment for Auto-Negotiate services directly from your bank account upon reaching a sufficient balance as indicated by our Data Aggregator. By requesting a Auto-Negotiation, you authorize us to initiate debit and credit entries to your bank account, or if you link a credit or debit card to your account, you authorize us to charge your credit or debit card, for all payments due to us. You agree to maintain a balance that is sufficient to fund all payments for the services. Harvest Platform reserves the right to charge your bank account at any time on or after the day your account shows a sufficient positive balance from deposits; however, Harvest will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover repayment of a successful Auto-Negotiation request. Our failure to charge your bank account for repayment of a Auto-Negotiate request within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Harvest Platform harmless from any claims by any other owner of the account.
Harvest Platform’s authorization to initiate debit and credit entries to your bank account will remain in full force and effect until you revoke your authorization. If you wish to revoke your authorization, you may do so by contacting firstname.lastname@example.org at least three business days before the day the transaction is scheduled and stop using the Services. Please note that your revocation of authorization when transactions are pending could result in delays to your receipt of funds and additional charges owed by you to Harvest Platform. You are responsible for any costs or damages related to the timing of authorization revocation.
If we are unable to access funds from your bank account to complete a payment that is owed to Harvest Platform, we will have no legal or contractual claim or remedy against you based on your failure to repay, however, you will be prevented from using the Services until you repay any outstanding balance owed to Harvest Platform. Harvest Platform will not engage in any debt collection activities if the payout is not repaid on the scheduled date, place the payout as a debt with or sell it to a third party, or report to a consumer reporting agency concerning the amount of the payout. You further agree that: you will reimburse Harvest Platform for any fees imposed on us as a result of the failed transaction; and you will reimburse Harvest Platform for any fees we incur in attempting to debit the amount of the failed transaction from you. Harvest Platform is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the bank account that is sufficient to fund all payments you initiate.
What if I want to stop using Harvest Platform?
Harvest Platform is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Harvest Platform has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so please keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Neither Harvest Platform nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE. THE SERVICE AND PRODUCTS PROVIDED BY US ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE, ANY SERVICE INFORMATION, PRODUCTS OR THIRD PARTY SERVICES. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH HARVEST PLATFORM AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. PROVIDERS OF THIRD PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SERVICES.
THE SERVICE INFORMATION, ACCOUNT INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, OR THIRD PARTY SERVICES AND DESCRIPTIONS OF THIRD PARTY SERVICES, PUBLISHED OR MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. If you believe that Account Information made available through the Service is inaccurate or outdated, then you should contact the financial institution or other company that maintains the Account Information.
WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION.
Limitation of Liability. YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT, ANY THIRD PARTY SERVICE OR ANY THIRD PARTY SITE; OR (B) ANY APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IN ADDITION, WE HAVE NO LIABILITY FOR ANY CLAIMS BETWEEN YOU OR ANY OF THE INSTITUTIONS WITH WHICH WE COMMUNICATE ON YOUR BEHALF, INCLUDING ANY IMPACT ON YOUR ACCOUNT OR FINANCIAL RELATIONSHIP WITH SUCH INSTITUTIONS.
System Outages, Slowdowns And Capacity Limitations.
Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.
You agree to indemnify and hold Harvest Platform, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Harvest Platform’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Delaware, in English, in accordance with the Streamlined 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 such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Harvest Platform agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Harvest Platform, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Harvest Platform, and you do not have any authority of any kind to bind Harvest Platform in any respect whatsoever. You and Harvest Platform agree there are no third party beneficiaries intended under these Terms. Will these Terms ever change? We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the growmyharvest.com website, by sending you an email, and/or by some other means. If you don’t agree with the Terms, you can reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.