Know Your Farmer 2.0 Terms and Conditions

Know Your Farmer app 2.0

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

These terms and conditions of use and services (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Know Your Farmer (“KYF,” “We,” “Our”), including the website www.knowyourfarmerapp.com (the “Site”) and the content, postings, networking, sharing, and any other amenities or services available to users through the Site and mobile application (“Services”). By using the Services you signify your agreement to these Terms of Use and Our Privacy Policy also incorporated herein by reference. If you do not agree to all of Our Terms of Use and Privacy Policy, you do not have permission to use these Services, promptly exit the Site and do not use these Services.

We do not list, provide, promote, solicit, advertise, offer, or deliver items, produce, goods, or the like, itself. All of the providers are independent of KYF and use the Services as a way to communicate with you. Through Our Services these providers solicit, advertise, display, and market items, produce, goods, or the like (“Goods”). These providers may wholly or partially own, make, create, harvest, and raise Goods for sale through Our Services. Any Goods or other information solicited, advertised, displayed, and marketed by a provider through Our Services comes from the provider alone, and not from KYF. Neither KYF nor any of its subsidiaries or affiliates shall be liable for any representations, misrepresentations, or other information solicited, advertised, displayed, and marketed from a provider via the Services or for any other information obtained through Our Services.

KYF does not endorse any specific Goods, products, or providers that may use KYF to communicate with you. You acknowledge that your reliance on any information provided by providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith. 

Providers have a variety of methods to deliver Goods advertised on this Site. Site users and providers may discuss which delivery method to use. KYF encourages users and providers to meet in public places. Please use caution. 

ANY SHIPPING TRANSACTION SHALL ADHERE TO FEDERAL AND STATE LAWS AND REGULATIONS FOR SHIPMENT OF GOODS INTRASTATE AND INTERSTATE. PROVIDERS SHALL FAMILIARIZE THEMSEVLES WITH THE FEDERAL AND STATE REGULATIONS FOR SHIPMENT OF GOODS. 

KYF PROHIBITS SHIPPING FOR THE PURCHASE, SALE, EXCHANGE, BARTER, OR TRADE OF GOODS THAT ARE NONMAILABLE ON OUR SITE. 

KYF IS NOT LIABLE OR RESPONSIBLE FOR ANY MEETING IN PERSON AMONGST BUYERS, SELLERS, PROVIDERS, SUBSCRIBERS, OR ANY USER OF THIS SITE. YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH RESULTING FROM, ARISING OUT OF, OR RELATING TO ANY TRANSACTION FOR THE PURCHASE, SALE, EXCHANGE, BARTER, OR TRADE OF GOODS. YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE KYF FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH RESULTING FROM, ARISING OUT OF, OR RELATING TO ANY TRANSACTION FOR THE PURCHASE, SALE, EXCHANGE, BARTER, OR TRADE OF GOODS. YOU UNDERSTAND THIS WAIVER SHALL BIND YOU, YOUR SUCCESSORS, AND ASSIGNS.

KYF does not make any representations or warranties about the Goods, products, or information provided by any of the providers using the Services. KYF does not make any representations or warranties about the training, skill, knowledge, advice, or recommendations of any provider who provides Goods via the Services. You are ultimately responsible for choosing your provider, and your provider is ultimately responsible for the Goods, products, advice, care, recommendations, and information given to you. Your use of or reliance upon a provider is at your own risk.  You and the provider assume all risk associated with use or reliance of such promotions and goods. Providers further acknowledge and take responsibility for the correctness of each solicitation, advertisement, display, and marketed item through use of Our Services and will indemnify and hold harmless KYF for any injury or loss associated with or arising out of the use, misuse, or incorrect use of said promotions and goods.

KYF is not liable for any shipment of Goods, delivery of Goods, or risk of loss of Goods. Providers, sellers, buyers, subscribers, and users of this site shall execute agreement amongst themselves, independent of KYF, for purchase, procurement, shipment, delivery of goods, and risk of loss of Goods and both parties to the agreement agree to hold KYF harmless for any delivery, shipment, or risk of loss of Goods.

1.  Ownership of the Site and Related Materials

All pages within the Site and Services and any material made available for download are the property of KYF, or its subsidiaries, licensors or suppliers, as applicable.  The Site is protected by United States and international copyright and trademark laws. The content is provided to you AS IS. You shall use the services as intended. You are prohibited from downloading content unless specifically provided for download by KYF.

2.  Electronic Communications 

When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

2a. – Automated Messaging (A2P) and One-Time Passwords

Purpose and Use

We may use Application-to-Person (A2P) messaging to send a One-Time Password (OTP) to your mobile phone number solely for the purpose of verifying your identity during the initial account registration process. This functionality is strictly limited to authentication and security verification.

Message Frequency

You will only receive A2P messages when necessary to complete account creation. We do not send marketing, promotional, or any other non-essential messages using A2P.

Data Handling and Privacy

Your phone number is collected exclusively for delivering OTPs and is not sold, shared, or used for any other purposes. OTPs are temporary, expire shortly after issuance, and are transmitted securely to protect your account.

Consent

By providing your phone number during registration, you consent to receive automated A2P messages for the limited purpose of account verification. You may not receive further automated messages unless explicitly required for security or compliance reasons.

Regulatory Compliance

Our use of A2P messaging complies with applicable regulations, including the A2P 10DLC standards in the United States, ensuring responsible and secure message delivery.. 

3.  Site Access, Security and Restrictions;

You affirm that you are more than eighteen (18) years of age or are an emancipated minor competent and fully able to enter into the terms, conditions, warranties and representations set forth in these Terms of Service.

The Site and Services requires use of a personal computer or mobile device that may require storage or space. You are responsible for any Internet connection, mobile fees, or data fees associated with these Services.

If you create an account for the Site, you agree to complete the registration process by providing current, complete, and accurate information as required by KYF.  You are responsible for all activities that occur under your account.  In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and the password that you provided to KYF or that was assigned to your account.  You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Should you believe your account information, username, or password is no longer secure, please contact KYF immediately at contactkyftech.com.

KYF will not be liable for any losses caused by unauthorized use or any misuse of your account. However, you may be liable for the losses of KYF or others from such unauthorized use or misuse. Your access to the Site and Services may be revoked by KYF at any time with or without cause, subject to compliance with state or federal law. 

KYF may allow registration to the Site via third party services such as social media. Logging into KYF from third party services grants KYF the right to retrieve the profile information including your name, email address, and any other information necessary to set up your account. The third party’s use of your information is subject to the third party’s privacy policy, not KYF’s privacy policy.

KYF offers services to the United States of America. KYF makes no representations or warranties that its services are available, appropriate, or authorized for use in other locations.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any artificial intelligence progeams, scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. 

Violations of system or network security may result in civil or criminal liability. KYF will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 

4.  User Information

You represent and warrant to KYF that you have the legal right and authorization to provide all user Information to KYF for use as set forth herein and required by KYF. If you as a provider, subscriber, or user submit, upload, post or transmit any information, files, videos, images or other materials to us or our Site or Services (“User Information”), you agree not to provide any user Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates any federal or state laws or regulations, violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. 

You agree not to contact other site users through unsolicited e-mail, telephone calls, text messages or mailings. You may use the Chat feature on our Site to communicate with other site users. You are prohibited from using the Chat feature to transmit threatening, defaming, harassing, obscene, pornographic, or illegal information, text, files, videos, images, or other materials to users, providers, or subscribers of this Site. We reserve the right in our sole discretion to remove any content or users that violate these Terms of Service.  

If you have been contacted with an unsolicited e-mail, telephone call, text message, or mailing please report to KYF.  

5.  License and Access 

Subject to your compliance with these Terms of Use, KYF or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and third party commercial use of the Services. This license does not include any sale, resale, or commercial use of KYF’s content, Site, or Services thereof; any collection and use of any service listings, descriptions, or prices; any derivative use of the Services or content thereof; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms of Use are reserved and retained by KYF or its licensors, suppliers, publishers, rights holders, or other content providers.  No part of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KYF.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KYF without express written consent. You may not use any meta tags or any other “hidden text” utilizing KYF’s name or trademarks without the express written consent of KYF.  You may not misuse the Services.  You may use the Services only as permitted by law.  The licenses granted by KYF terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by KYF. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of KYF without our express written consent. 

7.  Accuracy and Integrity of Information

Although KYF attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon.  It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties.  In the event that an inaccuracy arises, please inform KYF so that it can be corrected. 

8.  Links to Other Sites 

KYF shall have no responsibility or liability for information or Content posted to the Site by any third party. KYF makes no representations whatsoever about any other website that you may access through this Site.  When you access a non-KYF site, please understand that it is independent from KYF, and that KYF has no control over the Content on that website.  In addition, a link to a non-KYF website does not mean that KYF endorses or accepts any responsibility for the Content, or the use, of the linked site.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.  If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

9.  Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.  KYF respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to KYF’s Designated Copyright Agent, identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements. 

1.  Identify the copyrighted works that you claim have been infringed.

2.  Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.

3.  Provide your mailing address, telephone number, and email address.

4.  Include both of the following statements in the body of the Notice:

1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5.  Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to contactkyftech@gmail.com

10.  Disclaimer of Warranties

KYF DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. KYF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICES, AND ANY LINKED WEBSITES. KYF DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11.  Limitation of Liability Regarding Use of Site 

KYF IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF KYF TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1,000 (ONE THOUSAND DOLLARS).

12.  Dispute Resolution; Governing Law; Venue. 

KYF will try work in good faith to resolve any issue you have with the Site or Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other KYF site will be governed by the laws of the State of Tennessee, without regard to its conflicts of laws rules. 

Any claims or controversies arising out of these Terms of Use or Privacy Policy and/or the related use and access of the Site, the Services or any other KYF site or product, may only be brought in the state or federal courts located in Roane County, Tennessee. You agree to submit to the exclusive personal jurisdiction of such courts and agree to waive any objection that the state or federal courts of Roane County, Tennessee are an inconvenient forum.  Should legal action arise from your use of the Site or Services, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable attorneys’ fees and costs of litigation.

13.  Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

14.  Indemnity

Providers, subscribers, and users agree to defend, indemnify and hold KYF harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by KYF arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. 

15.  Right to Modify Revisions

In its sole discretion, KYF may from time-to-time revise these Terms of Use, which shall be effective immediately upon posting.  You agree to periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.  Any use of the Site after such changes will be deemed an acceptance of those changes.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

16.  Waiver

KYF’s failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any such provision or right. Any waiver by KYF of any right or provision herein shall only be by a writing signed by an authorized officer of KYF.

17.  Assignment. 

You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of KYF. Any assignment other than as provided for in this Section shall be null and void, ab initio.

18.  Severability.

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, a court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision.  As so reformed or modified, the court shall fully enforce these Terms of Use.

19.  Entire Agreement. 

THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND KYF IN THAT REGARD.