CAPE COD CRANBERRY GROWERS' ASSOCIATION

BOGS ONLINE GROWER SYSTEM END USER AGREEMENT CROP YEAR 2026

This BOGS Online Grower System Agreement (hereinafter referred to as the “Agreement”) is entered into between the User (either an individual or a legal entity) and Cape Cod Cranberry Growers’ Association, a Massachusetts nonprofit corporation (hereinafter referred to as “CCCGA”). This Agreement governs and authorizes the User’s use of the BOGS Online Grower System (hereinafter referred to as the “System”) under the terms and conditions set forth below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SYSTEM. BY ACCESSING OR USING THE SYSTEM, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO THESE TERMS, USER MUST NOT ACCESS OR USE THE SYSTEM.

TERMS AND CONDITIONS

  1. OWNERSHIP. The System, including all intellectual property rights and proprietary rights therein, is and shall remain the sole and exclusive property of CCCGA. No rights in the System are granted to User except as expressly set forth in this Agreement.
  2. RESTRICTIONS ON USE. User may not resell, sublicense, rent, lease, lend, transfer, modify, reverse engineer, or otherwise make the System available to any third party without the prior written consent of CCCGA.
  3. ELIGIBILITY. Use of the System is restricted to CCCGA members in good standing. CCCGA reserves the right to verify membership status at any time and to suspend or terminate access if a User ceases to be a member in good standing during the term of this Agreement.
  4. DUES COMPLIANCE. All acreage utilized by a User must have applicable CCCGA dues paid in full. Any acreage for which dues have not been paid in accordance with CCCGA’s then-current member dues policy will be made inaccessible to the User until such dues are paid in full.
  5. REINSTATEMENT FEE. If a User’s access to the System — whether for partial acreage or in its entirety — is suspended due to non-compliance and subsequently restored upon the User coming into compliance, a reinstatement fee of $150.00 shall be assessed. This fee applies each time access is restored by CCCGA, whether in whole or in part.
  6. DISCLAIMER OF WARRANTIES. THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CCCGA DOES NOT WARRANT THAT: (A) THE SYSTEM WILL MEET USER’S REQUIREMENTS; (B) THE RESULTS OBTAINED FROM USE OF THE SYSTEM WILL BE ACCURATE, COMPLETE, OR IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAW, OR WILL SATISFY INDIVIDUAL INDUSTRY, HANDLER, OR BUYER REQUIREMENTS; (C) THE SYSTEM WILL OPERATE UNINTERRUPTED OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR (D) THE SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF THE SYSTEM AND ANY RESULTS OBTAINED THEREFROM.
  7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CCCGA, ITS OFFICERS, EMPLOYEES, DIRECTORS, MEMBERS, AGENTS, OR CONTRACTORS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, DATA LOSS, CROP DAMAGE, BUSINESS INTERRUPTION, OR REGULATORY FINES OR PENALTIES, ARISING OUT OF OR RELATED TO USER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SYSTEM, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CCCGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES..
  8. TERM AND ACCESS PERIOD. Provided that User remains in compliance with the terms of this Agreement, User shall have access to the System through June 1, 2027, which extended access period is provided to accommodate state pesticide use reporting obligations for Crop Year 2026. CCCGA reserves the right to modify, suspend, or discontinue the System at any time upon reasonable notice to User.
  9. AMENDMENT. CCCGA reserves the right to modify or update the terms of this Agreement at any time. In the event of a material change, CCCGA will provide notice to User via email or through a notification displayed upon login to the System no less than fourteen (14) days prior to the effective date of any such change. User’s continued use of the System following the effective date of any modification constitutes User’s acceptance of the revised terms. If User does not agree to a modification, User must discontinue use of the System before the effective date of the change.
  10. PRIVACY AND DATA USE. In connection with the User’s use of the System, CCCGA may collect, store, and process grower-related data, including but not limited to acreage records, pesticide application reports, crop records, and other information submitted by User (collectively, “Grower Data”). CCCGA will use Grower Data solely for the purpose of administering the System and fulfilling its obligations as a grower membership organization, including facilitating regulatory reporting. CCCGA will not sell or disclose Grower Data to third parties except: (a) as required by applicable federal or state law; (b) as necessary to facilitate regulatory reporting on User’s behalf; or (c) with User’s prior written consent. CCCGA will implement reasonable administrative, technical, and physical safeguards to protect Grower Data against unauthorized access, loss, or disclosure. User represents and warrants that all Grower Data submitted through the System is accurate to the best of User’s knowledge. CCCGA’s data practices may be further described in a Privacy Policy made available on the System, which is incorporated herein by reference.
  11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between User and CCCGA with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, representations, warranties, and agreements, whether written or oral, relating to the System. No modification of this Agreement shall be binding unless made in accordance with Section 9 above.
  12. SEVERABILITY. If any provision of this Agreement is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

Cape Cod Cranberry Growers' Association
265 South Meadow Rd. Unit 2D
Plymouth, MA 02360
Telephone: (508) 866-7878 • Facsimile: (508) 866-4220
Email: cccga@cranberries.org • Web: www.cranberries.org