TERMS OF USE

The following Terms of Use apply to the Precision Conservation Management portal (the domain precisionconservation.org and all of its subdomains), which was developed by Heartland Science and Technology (“Heartland”) in support of the Precision Conservation Management program (“PCM”), and is managed and supported by Heartland and its subcontractors, partners, and suppliers. The PCM project was undertaken by Illinois Corn Growers Association (“Illinois Corn”), which contracted with Heartland (along with its subcontractors, partners and suppliers) to manage and support the PCM. A user’s use of the PCM portal or any subdomains (“Site”), including but not limited to any of the features, products or services contained or described on the Site, constitutes the user’s agreement to abide by and be subject to these Terms of Use. Heartland may update these Terms of Use at any time. It is the user’s sole responsibility to check the Site from time to time to view any such changes, and continued usage of the Site after any changes to these Terms of Use shall constitute user’s acceptance of and user will be subject to, those changes.

PRODUCTS AND SERVICES

PCM provides farmers information and programs designed to enhance sustainable farming practices in an economic and financially viable, and environmentally responsible, manner. PCM relies on data gathered from farmer users to develop customized solutions.

WARRANTY DISCLAIMER

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HEARTLAND AND ILLINOIS CORN EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HEARTLAND AND ILLINOIS CORN MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.

LIMITATION OF LIABILITY; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEARTLAND OR ILLINOIS CORN, THEIR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR THEIR LICENSORS OR PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, HOWEVER ARISING, AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEARTLAND OR ILLINOIS CORN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER RELEASES HEARTLAND AND ILLINOIS CORN FROM LIABILITY FOR ANY SUCH DAMAGES, AND FROM ANY OTHER LIABILITY, INCLUDING BUT NOT LIMITED TO LIABILITY THAT MAY RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH HEARTLAND OR ILLINOIS CORN OR ANY OTHER USER OF THE SITE.

REGISTRANT ACCOUNT, PASSWORD, AND SECURITY

In order to access the full PCM products and services, you must complete a registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be requested to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Heartland immediately of any unauthorized use of your account or any other breach of security. Heartland will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and you could be held liable for losses incurred by Heartland or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site and PCM products and services (“Resources”), you will not use them for any purpose that is unlawful or prohibited by these Terms of Use, or any other conditions, and notices. You may not use the Resources in any manner that could damage, disable, overburden, or impair any Heartland server, or the network(s) connected to any Heartland server, or interfere with any other party's use and enjoyment of any Resources. You may not attempt to gain unauthorized access to any Resources, other accounts, computer systems or networks connected to any Heartland server or to any of the Resources, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources.

Heartland reserves the right to monitor your use of the Resources to ensure compliance with these Terms of Use and prevent fraudulent or otherwise unauthorized use. You acknowledge that such monitoring of use may include determining whether or not the Resources are accessed under the account from multiple IP addresses, as well as noting excessive downloads or a disproportionate number of users. Systematic access or extraction of content from the Resources, including, but not limited to, the use of "bots" or "spiders," is prohibited. If such monitoring indicates you are not in compliance with these Terms of Use or if fraudulent activity is suspected, Heartland reserves the right to take such action as it deems necessary, including, but not limited to, termination of a Registrant’s account.

USE OF RESOURCES

The Resources may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photos, and/or other message or communication facilities designed to enable you to communicate with others ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate and proper, and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Heartland has no obligation to monitor the Communication Services. However, Heartland reserves the right to review materials posted to the Communication Services and to remove any materials it deems inappropriate in its sole discretion. Heartland reserves the right to terminate your access to any or all of the Communication Services at any time.

Heartland reserves the right to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Heartlands sole discretion.

Heartland does not control or endorse the content, messages or information found in any Communication Services and Heartland disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.

MATERIALS AND INFORMATION PROVIDED TO HEARTLAND OR POSTED ON THE SITE

Heartland does not claim ownership of the materials and information you provide to Heartland (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community ("Submission"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Heartland permission to use your Submission, without compensation or other consideration, in connection with the operation of its business (including all Heartland Resources), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Resources. Heartland is under no obligation to post or use any Submission you may provide and Heartland may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.

In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Resources, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images, including, by way of example, the distribution, public display and reproduction of such Images. By posting Images, you are granting to all persons who have access to the Images, without compensation, permission to use your Images in connection with the permitted use of any of the Resources, and including a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Resources. The preceding licenses for Images will terminate at the time you completely remove such Images from the Resources, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Heartland attempts to obey all applicable copyright laws. Any claim of copyright violation should be reported to Heartland; and we will review all such claims, and will remove content from its web site and other materials that we conclude has been posted or distributed in violation of copyright laws. If you believe that any content Heartland hosts on its web site violates your rights under copyright laws, you should submit notice of such violation in compliance with the Digital Millennium Copyright Act (“DMCA”) to the following :

The notice must contain the following information :

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement 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
  6. A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

LINKS TO THIRD PARTY SITES

Links to other sites will let you leave Heartland’s Site. The linked sites are not under the control of Heartland and Heartland is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Heartland is not responsible for webcasting or any other form of transmission received from any linked site. Heartland is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Heartland of the site.

UNSOLICITED IDEA SUBMISSIONS

Neither Heartland nor Illinois Corn, or any of their respective employees, agents or representatives, will accept or consider unsolicited ideas, including ideas for new promotions, new products, services or technologies, processes, materials,document or presentation formats, marketing plans or new product or service names.Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Heartlands or Illinois Corns products, services or marketing strategies might seem similar to ideas submitted to Heartland. If, despite this admonition, you still send us your ideas and materials, please understand that neither Heartland nor Illinois Corn is not under any obligation of confidentiality and makes no assurances that your ideas and materials will be treated as confidential or proprietary.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from Heartland in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Heartland provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

GENERAL PROVISIONS; PRIVACY

  1. It is the users responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services and products associated with the PCM program, website, and database, to independently assess the effectiveness of operational practices, and to ensure compliance with all applicable product labels, regulations, and restrictions.
  2. Heartland and Illinois Corn Growers Association are strongly committed to your right to privacy and will only use your personal information in accordance to the following (“Privacy Policy”):
    • The PCM portal collects personal information and details about your management plans, economic conditions, sustainability practices, and operational details in order to provide you with customized services, and to allow the creation and maintenance of a “User Account” to store your information for your future use and review.
    • Your individual personal information, email address, management plans, economic conditions, sustainability practices, operational details, customized services, and results are for your use only and are not shared with any third party unless you specifically agree to a data-sharing option.
    • Basic site usage data – including the number of users and their geographic location (by county) is collected and may be used and shared with Heartland, Illinois Corn Growers Association, and third parties to track website and database use and for other purposes.
    • Aggregated, anonymized information including management practices, economic data, sustainability practices, and results may be collected, reported to, and used by Heartland, Illinois Corn Growers Association, and third-parties. Such aggregate level information will not identify personal information or specific field locations, and may be used and shared by Heartland, Illinois Corn Growers Association, and third parties, among other purposes, to improve and develop sustainability assessment tools and to promote the understanding and adoption of sustainability, whether or not any such uses and purposes result in any monetary benefit to Heartland, Illinois Corn Growers Association, or third parties.
    • Heartland endeavors to maintain information collected through this website in a secure manner. However, information transmitted via the Internet and/or stored on systems connected to the Internet is not 100% secure. As a result, notwithstanding anything else contained in this Privacy Policy, Heartland does not ensure, warrant or guarantee the security or integrity of such information.
  3. Heartland and Illinois Corn reserve the right at any time to modify, suspend or discontinue the Site or any part of it. Heartland and Illinois Corn will not be liable to any user or other third party for any such modification, suspension or discontinuance of the Site or its services. Heartland reserves the right to refuse service, terminate your user account, remove or edit content, or cancel orders at any time without notice, for any reason, including because of your violation of these Terms of Use.

Copyright © 2018 Heartland Science and Technology Group. All rights reserved.