Varimax System -
Terms Of Service
Welcome to Varimax System, a cloud-based mobile and desktop application that assists with managing crop inputs for your operation, operated by Varimax System, LLC. ("Varimax System" or “we”).Varimax System provides the services available at our Web site (the "Site") https://varimaxsystems.com to you ("you" or "User") under these Terms of Service. By using this Site, the services available at this Site, and any service, software, application, plug-in, component, functionality, or program created by Varimax System, its suppliers or licensors as part of the Varimax System (together, the "Services"), you are agreeing to the terms and conditions set forth in these Terms of Service. These terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and the Services, whether directly or through a third-party site. Please read them carefully before using this Site or the Services. Should you have any questions concerning this Agreement, please contact firstname.lastname@example.org. By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. Varimax System is a commercial service for use in the agricultural community. IT IS NOT INTENDED FOR CHILDREN OR ANYONE UNDER THE AGE OF 18.
A. YOUR REGISTRATION OBLIGATIONS.
To obtain and use the Services, you will be required to register with Varimax System by completing a registration form and designating a user ID and password. When registering with Varimax System you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Varimax System of any unauthorized use of your user ID or password or any other breach of security. Varimax System cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Varimax System, you understand that we may send you communications or data from Varimax System regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Varimax System's products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
C. USER CONDUCT/ACCEPTABLE USE POLICY.
Unauthorized use of the Varimax System Service or the resale of the Service without Varimax System's prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to the Services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, local, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Varimax System or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. By registering to use the Services, you understand and acknowledge that Varimax System and its contractors retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the purpose of providing to you the Services for which you have registered. In the event that you give Varimax System Crop Management the right to distribute your content, additional terms may apply to the usage or distribution of this User Content. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. Varimax System does not claim any ownership rights in any User Content.
Additionally, Varimax System reserves the right, without limitation, to terminate your access to and use of the Varimax System Service if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes the Varimax System Services, or interferes with the Site, any computer systems and network, or the Services.
2. You may not attempt to interfere with any other person's use of the Services.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
5. You may not attempt to obtain any data through any means from the Services, except if we make it available to you.
6. You may not attempt to charge others to use the Services either directly or indirectly.
7. You may not use the Services to participate in pyramid schemes or chain letters.
8. You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
9. You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
10. You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
11. You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other type of harmful software or code that may damage the operation of another's computer or property.
12. You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
13. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
14. You may not use the Services to harvest or otherwise collect information about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by Varimax System, it suppliers or licensors, in connection with the Varimax System Site or Services.
16. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by Varimax System. Use of the Services on the Site as well as use of the Services on any desktop application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Varimax System. Varimax System reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Varimax System's response to a future event or complaint. You acknowledge and agree that Varimax System shall not assume or have any liability for any action or inaction by Varimax System with respect to any User Content. Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.
D. INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
Except for the licenses granted herein, you have no right, title or interest in or to the Varimax System Site, Services, or any content. You agree that Varimax System or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Varimax System Service and content, including, without limitation, text, images, and other multimedia data.
All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2017 Varimax System Services Ltd, with all rights reserved, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Varimax System.
Varimax System and the Varimax System logo are including without limitation, either trademarks, service marks or registered trademarks of Varimax System, and may not be copied, imitated, or used, in whole or in part, withoutVarimax System's prior written permission. Other product and company names may be trade or service marks of their respective owners.
Varimax System may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
E. THIRD PARTY CONTENT, SITES AND SERVICES.
All transactions using the Services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, files, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Varimax System is not an agent of any transacting party, nor is Varimax System a direct party, in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against Varimax System with respect to such matters and third-party content. Varimax System shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party, even if conducted via the Site or the Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party or other User of the Site. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you may notify Varimax System of the problem but Varimax System shall not be responsible for any such losses.
F. DESKTOP SOFTWARE.
If you have licensed Varimax System software that allows you to use the Services on your desktop ("Desktop Software"), you understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by you through the Desktop Software constitutes "User Content." By licensing the Desktop Software, you grant Varimax System and its contractors an irrevocable, royalty-free, worldwide license to access, use, modify, and delete User Content on your desktop through the Desktop Software for the purpose of providing to you the Services, including, without limitation, the synchronization of files between the Desktop Software and the Site. You acknowledge and agree that Varimax System shall not assume or have any liability for any action or inaction by Varimax System with respect to any such User Content, including, without limitation, the loss of such User Content.
You may not use the Services, including the Desktop Software, in a manner that results in excessive bandwidth usage, as determined by Varimax System. Varimax System will notify you if it believes your bandwidth usage is excessive, and reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage, including, without limitation, limiting your bandwidth usage or charging you for such excess usage.
If you have licensed the Desktop Software, Varimax System reserves the right, in its sole discretion, to make unscheduled deployments of updates or enhancements to the Desktop Software. You acknowledge and understand that during such deployments, certain functionality of the Desktop Software may be unavailable and outages may occur.
G. PRIVACY AND SECURITY.
Varimax System, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR THE SERVICES. Varimax System DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, DATA PROCESSING, DATA MANAGEMENT, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
I. LIMITATIONS OF LIABILITY
In the event that, notwithstanding the foregoing disclaimers and indemnification, Varimax System User for any reason whatsoever, Varimax System's responsibility shall be limited to the amounts actually paid by such User to Varimax System for the Varimax System Services for the preceding six (6) months, and shall not include punitive damages or consequential or resulting damages of any nature.
J. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
VARIMAX SYSTEM MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. VARIMAX SYSTEM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, Varimax System IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF YOUR INFORMATION, DATA, FILES, THE SITE, AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.
L. TERMINATION OF SERVICE.
Varimax System reserves the right to terminate without notice your User ID, password, account, or use of or access to the Site or the Services and delete any data within the Site, in Varimax System's sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Varimax System at any time. Upon termination by Varimax System or at your direction, you may request a file of your data, which Varimax System will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON THE SITE MAY NOT BE RETRIEVED, and Varimax System shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
Should your User account become inactive for a period of 120 consecutive days, Varimax System will send you an email describing the situation and informing you that your account will be closed at some point thereafter unless you begin to use the account during that period or otherwise represent to Varimax System that you wish for the account to remain active. Should the account be closed, any data you may have stored may be lost.
M. PAYMENT OF FEES; AUTOMATIC RENEWAL.
You must pay all applicable fees and charges to Varimax System for access to and use of the Site and the Services. Varimax System reserves the right to change applicable fees and charges by notice to you. Unless specifically agreed upon in writing between User and Varimax System at the commencement of a subscription term, or unless you notify Varimax System in writing no later than thirty (30) days prior to the conclusion of the term, at the conclusion of any subscription term, whether monthly, yearly, or otherwise, Varimax System will automatically renew the service for the same term.
If payment is not received by the end of the given 30 day time period, User's account will be frozen, inaccessible, and any shared links or access rights will be turned off until all outstanding payments have been received by Varimax System. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, User's account will be deactivated and all files will no longer be retrievable. User agrees to pay all costs incurred by Varimax System, including but not limited to attorney fees and court expenses, in collection efforts to pursue payment of amounts due Varimax System for your use of the Site or the Services.
N. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
O. NOTICES TO VARIMAX SYSTEM.
You may notify us by e-mail at email@example.com.
P. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
3. Your address, telephone number, and e-mail address;
4. A statement declaring under penalty of perjury that
(a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent,
5. Your physical or electronic signature.
Varimax System's Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:
Attn: DMCA Copyright Agent
c/o Varimax System, LLC
36501 CO RD T.5
Eckley, CO 80727
Q. OTHER TERMS.
R. MODIFICATIONS TO THIS AGREEMENT
This Security Policy is subject to and incorporated into the terms of service (the "Terms") between you and Varimax System. You may access the Terms at www.IASProfitCal.com/security or by clicking Terms. Capitalized words used in this Security Policy without definition have the meaning given to them in the Terms. By agreeing to the Terms and installing, accessing or using the Services, you are agreeing to this Security Policy and the terms contained herein.
Varimax System takes your right to privacy and the security of your data very seriously. Varimax System is built with a series of administrative, physical and technical safeguards designed to protect your Account.
Your backed-up files are encrypted with 128-bit Blowfish encryption prior to transfer and then sent through an encrypted 128-bit SSL tunnel to Varimax System data centers.
After the secure transfer to Varimax System data centers, your backed-up files are maintained and stored with Varimax System using 128-bit Blowfish encryption. Your backed-up files are accessible only by supplying your valid login credentials. You can choose to use Varimax System's 1024-bit encryption key or manage your own encryption key. If you choose to manage your own encryption key, you must safely archive it because, if lost, you will not be able to restore or otherwise access your data.
Varimax System servers are located in secure data centers, protected with features such as gated perimeter access, 24 x 7 x 365 on-site staffed security and technicians, electronic card key access and security cameras inside and outside of the buildings.
Your backed-up files may be accessed using the password-protected, web-based Varimax System administrative console by supplying your valid login credentials and via (1) an Internet-enabled computer other than the computer registered with Varimax System using remote file access, or (2) certain software applications, including the iPhone and Android applications. Although Varimax System makes good faith efforts to store your backed-up files in a secure operating environment that is not accessible to unauthorized users, Varimax System cannot guarantee complete security. By using such products and services, you knowingly accept this risk.
Varimax System utilizes independent, third-party consultants to review the safety and security of your backed-up files and routinely checks its systems for vulnerabilities to ensure that your backed-up files are safe.
If you would like to contact Varimax System directly with security or privacy questions, please email Varimax System at firstname.lastname@example.org.
HOW VARIMAX SYSTEM USES INFORMATION
Personal Information. Varimax System collects personal information relevant to your subscription with Varimax System, including your name, mailing address, phone number, e-mail address and credit card information and certain non-personally identifiable information from your computer that reflects your use and configuration of Varimax System, including, without limitation, statistics relating to how often backups are started and completed, performance metrics and configuration settings. This information collected will be sent to Varimax System and may be used by Varimax System without restriction.
Cookies and Other Technologies. Varimax System uses "cookies" and other technologies to collect data that enables us to better understand and improve the usability, performance and effectiveness of our website. Cookies are files sent to your browser and stored on your computer. If you do not want Varimax System to send cookies to your browser, you can set your browser options to reject cookies or notify you when a website tries to put a cookie into your browser. Rejecting cookies may affect your ability to use some features of the Services. Varimax System gathers general information about visits to our website, the files you have marked for backup, the configuration of your computer and your computer's interaction with Varimax System. Varimax System uses this information to provide the Services, understand traffic and downloads on our website, provide you with technical support, improve the website and provide the best online experience possible for our customers.
Use of Your Personal Information. Varimax System will not sell your personal information to third parties. Varimax System may, from time to time, share with you information about other services that we think you may find to be of interest. If you wish to change the types of communications you receive from us, you may do so by clicking on the appropriate link in any communication you receive from Varimax System, or by e-mailing your request to Varimax System at email@example.com. Please note that opting-out of receiving promotional email will not affect receipt of service-related, transactional, or legal communication via email in accordance with the Terms. Varimax System will not view the contents of your Account unless authorized by you. Varimax System may view your file system information (file folder names, file extensions, sizes etc.) to provide incremental backups and file comparisons, system optimization, quality control and technical support. Varimax System will not disclose your personal information, including the contents of your Account, to third parties unless disclosure is necessary to comply with the law, or as authorized by you.
How You Can Access Or Correct your Personal Information. You can update your personal information by accessing the password-protected, web-based Varimax System administrative console by supplying your valid login credentials or e-mailing Varimax System at firstname.lastname@example.org.
Varimax System service is a commercial service for use in the agricultural community. It is not intended for children or anyone under the age of 18.
EUROPEAN PERSONALLY IDENTIFIABLE INFORMATION
Varimax System has committed to handling personally identifiable information from users in the European Union and the European Economic Area in accordance with the European Union's Safe Harbor Principles and to refer unresolved privacy complaints to an independent dispute resolution mechanism, the BBB EU Safe Harbor, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Varimax System, please visit the BBB EU Safe Harbor website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint. To contact Varimax System's privacy officer, please email email@example.com.