END USER BOGS ONLINE GROWER SYSTEM AGREEMENT FOR CROP YEAR 2019
This BOGS Online Grower System Agreement (hereafter referred to as the "AGREEMENT") is between User (either an individual or an entity) and Cape Cod Cranberry Growers Association (hereafter referred to as "CCCGA"). The Agreement authorizes User to use the BOGS Online Grower System (hereafter referred to as the "SYSTEM") under the terms and conditions set forth below.
Read this AGREEMENT carefully before using the SYSTEM. USER AGREES THAT THE USE OF THE SYSTEM ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
TERMS AND CONDITIONS
The SYSTEM and all rights, without limitation including proprietary rights therein, are owned by CCCGA.
User may not resell, sublicense, rent, lease or lend the SYSTEM.
User acknowledges that the SYSTEM is provided “As Is” without warranty of any kind, express or implied. There is no warranty of any kind by CCCGA that the functionality contained within the SYSTEM will meet User requirements or that the results will be in compliance with Federal or State law or will satisfy individual industry, handler or buyer requirements or that the SYSTEM will be error-free. User assumes all responsibility and risk for the selection and use of the SYSTEM and the results obtained from it.
To the maximum extent permitted by applicable law, in no event shall CCCGA or its employees be liable for any lost profits, revenue, data loss, crop damage, interruption of business, enforcement action and related fines or fees or for any direct or indirect damages, however caused and whether arising under negligence or other theory of liability arising out of the use of or inability to use the SYSTEM.
User shall have access to the SYSTEM through May 15, 2020.