TERMS AND CONDITIONS OF USE

These terms and Conditions of Harvest Technologies, Inc. establish a binding agreement that governs your use of Harvest’s website and services as well as interaction with any Harvest employee or benefactor in any capacity, official or otherwise. This contract is effective immediately upon accessing our website (www.harvest-tech.com). Please feel free to print a copy of these terms and conditions for your record.

 

Harvest Technologies, Inc. reserves the right to edit, modify, or otherwise amend these terms and conditions at any time. The modification(s) will be effective immediately upon the date indicated on the website.

 

Website Licensing and Use

 

Harvest Technologies, Inc. grants you a limited, non-exclusive license to view pages contained on the site, submit a request for quote (RFQ), and use any other services available on the site. Your license to utilize this website and the information contained within is subject to the terms and conditions in this Agreement. This license terminates if you breach any term of this Agreement. You may not transfer or assign this license to any other party. Harvest Technologies reserves the right to refuse registration for anyone, for any reason. Harvest Technologies is the sole owner or licensee of all rights in the site, its content, software, and services. Harvest Technologies is not granting you any right or license to the site, its content, software, or services other that what is stated in this Agreement. This Agreement is not subject to any interpretation other that what is explicitly stated.

 

Customer Responsibilities

 

As a customer of Harvest Technologies you agree that all information provided to Harvest through its website, or otherwise, is accurate and complete and that no information provided is fraudulent. All users of Harvest Technologies’ website must be 18 years of age or older. You agree that you will not implement, or become a medium of exchange for, any type of malicious software, virus, or other ill-intentioned motives.

 

Your site password and registration information are confidential and you may not disclose said information to any third party or use it for any unauthorized purpose.

 

Risk of Loss and Delivery

 

Should any situation or condition arise that inhibit compliance with delivery dates, Harvest Technologies will not be held liable for any damage or delay in delivery, or for failure to give notice of delayed delivery. Delays do not suffice as grounds for cancellation or return of product. Title of property and any subsequent risk associated will transfer to the customer upon shipment.

 

Indemnification

 

You agree to indemnify Harvest Technologies, Inc., its affiliates, and subsidiaries as well as its service from any and all claims and damages of any kind (including attorney’s fees) resulting from your use of the website, services, or break of any provision of this Agreement. Furthermore, Harvest reserves the right to report any misconduct or wrongdoing by you to the appropriate authorities.

 

Security and Privacy

 

Our privacy policy may be modified by Harvest Technologies at any time in its sole discretion and is incorporated into this Agreement by reference. Please review the privacy policy periodically for the most recent information.

 

Governing Law and Jurisdiction

 

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Harvest Technologies and its customers shall be governed by the laws of the State of Texas, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Harvest Technologies and its customers consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Texas, Bell County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity, or otherwise, against Harvest Technologies that is more than one year after the date of the applicable invoice.

 

Severability

 

If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law.

 

Waiver

 

The failure of either party to require performance by the other party of any provision of this Agreement shall not affect in any way the first party\'s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this Agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

 

Entire Agreement

 

These terms and conditions, together with Harvest Technologies’ invoice regarding the products ordered by the customer, are the complete and exclusive Agreement between Harvest Technologies and the customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Harvest Technologies and the customer relating to the subject products. This Agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.