These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ADAMA(“we,” “us” or “our”), concerning your access to and use of the ADAMA target application (“application”) as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “app”). You agree that by accessing the app, you have read, understood, and agree to be bound by all of these terms and conditions use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. The application was developed for you ("user") through ("ADAMA"), for the purpose of helping to identify major pest problems for apple, watermelon, tomatoes, almonds, cotton and rice. The application has a database and photos of the main species of pests that attack these crops. The application allows the user to identify a specific pest by sending a photo of their crop and/or field so that the ADAMA team can identify the pest and answer any questions.
Supplemental terms and conditions or documents that may be posted on the app from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. We will alert you to any changes by updating the “last updated” date of these terms and conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms and conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised terms and conditions by your continued use of the app after the date such revised terms are posted.
The application is not intended as a replacement for a local professional properly qualified to identify pests and recommend the correct treatment. The application is not intended to be and should not be used to promote the purchase of specific pesticides.
INTELLECTUAL PROPERTY RIGHTS
Subject to your eligibility to use the app, you are granted a limited license to access and use the app. We reserve all rights not expressly granted to you in and to the app, content and the marks.
The INTACTA RR2 PRO, Conkesta and Enlist brands are registered trademarks of their respective manufacturers.
By using the app, you represent and warrant that: (1) you will not use the app for any illegal or unauthorized purpose; and (2) your use of the app will not violate any applicable law or regulation.
MOBILE APPLICATION LICENSE
Apple and Android Devices
The app collects data provided by the user while utilizing the app. For example, photos, user information submitted to access the app,l user information provided when submitting photographs for review as well as mobile number, city, and state of the user are collected. This information is stored on ADAMA’s servers.
Type of Information Collected
The app requests the user’s permission to access the place of use, the mobile device camera, and photo album. In the future, ADAMA may modify the app to require users to input a login ID and password to access the app.
The information that is collected from the app and stored on ADAMA servers includes data automatically collected by the application. This type of information includes but not limited to, features of the access device, browser, IP number with date and time information, IP source, accessed features, click information, and search term entered. ADAMA may also use other technologies, such as cookies, pixel tags, beacons, and local shared objects to collect user information and improve your browsing experience. Some of these features may be blocked by you when you use the application. In the latter case, however, the User must be aware that some application functions may not function correctly.
By electing to use the app, the user consents to the use of the information provided by the user for the purposes outlined in these terms and conditions.
ADAMA may share the data it collects from the app with other companies of the ADAMA group, to allow for the operation of ADAMA's business or that of its partners or to respond to court orders or other governmental actions or requests.
Storage and Treatment of Collected Information
ADAMA takes the following precautions with the data it collects from app users:
- Data collected from the app is anonymized;
- Security measures have been implemented to protect the data from unauthorized access;
- Access to the data collected from users is restricted to authorized personnel; and
- Where necessary ADAMA shall take legal action to protect the information it collects using the app.
ADAMA recognizes that the precautions it takes with user data cannot fully guarantee that malicious third parties will not access the information used by the app. As a result, ADAMA shall not be liable for any unlawful access, as well as acts of third parties that are successful in collecting or using, by any means, registration data and information made available by the user’s accessing and using the application.
TERMS AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the app at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our app. We also reserve the right to modify or discontinue all or part of the app without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the app.
If the parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the commercial arbitration rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s supplementary procedures for consumer-related disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA consumer rules and, where appropriate, limited by the AAA consumer rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Wake County, North Carolina. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Wake County, North Carolina, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any dispute brought by either party related in any way to the app be commenced more than four (4) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on the app that contains typographical errors, inaccuracies, or omissions that may relate to the app, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the app at any time, without prior notice.
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APP, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the app for the purpose of managing the app, as well as data relating to your use of the app. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the app. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The information collected in the application will be used by ADAMA to operate, maintain and improve the application, as well as to facilitate the identification of the User's profile and needs, in order to customize and improve the offer of products and services by ADAMA. All information collected can be treated for scientific or statistical research, always in order to respect the rights of users.
The information contained in the application may, after ADAMA anonymizes it to prevent identification, be passed on to third parties, free of charge or not, and used for statistical and advertising purposes.
Any information collected may be deleted, when it is no longer necessary or relevant for the purpose that justified its collection and treatment, and it is certain that no personal data will be trafficked by the application or stored in any place, physical or remote, after its exclusion. The user may uninstall the app any time or leave therefore be aware that, even in these latter cases, ADAMA will respect the deadline in storage minimum in information determined by Brazilian legislation.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the app, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If you have questions or suggestions, please contact ADAMA via email at email@example.com.