Introduction – Agrishares matches renters’ needs and owners’ spare assets and resources though a simple mechanism. It is not limited only to physical assets or machinery; it can be also a service, or a pure resource.
If you are using the Site or Services, you are contracting with ENERGOBIRO DOO NOVI SAD, a company registered under the laws of Republic of Serbia, with registered seat in Novi Sad, Dr Djordja Joanovića 7, registration number: 20364050 (“Agrishares”), with respect to use of the Agrishares Site or Services, and with respect to any payments or payouts from or to you conducted through the Site or Services.
Agrishares provides an online platform that connects owners who have spare agricultural assets, services or resources to rent, lease or provide, with renters seeking to rent or buy such assets (collectively, the “Services”), which Services are accessible at http://www.agrishares.com and any other websites through which Agrishares makes the Services available (collectively, the "Site"). By using the Site you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Agrishares. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
Terms of service The Site and Services comprise an online platform through which owners (“Owner”) may create listings for agricultural assets, services and resources (collectively, the “Assets”) and renters (“Renter”) may learn about and rent, lease or buy agricultural assets, services and resources directly from the owners (registered owners and renters collectively, the “Members”). You understand and agree that Agrishares is not a party to any agreements entered into between owners and renters, nor is Agrishares a broker, agent or insurer. Agrishares has no control over the conduct of owners, renters and other users of the Site and Services or any Assets, and disclaims all liability in this regard to the maximum extent permitted by law.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site, through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Site. If you do not agree to these terms, then you have no right to access or use the Site or Services. If you accept or agree to these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Eligibility – The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
No endorsement – Agrishares does not endorse any Member or any Asset. Members are required by these Terms to provide accurate information, and although Agrishares may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Agrishares about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent, lease or buy from the Owners or to accept a request from a Renter, or to have any other interaction with any other Member.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Agrishares with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any orders or Listings made by you. This limitation shall not apply to any claim by an Owner against Agrishares regarding the remittance of payments received from a Renter by Agrishares on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Agrishares service – The Site and Services can be used to facilitate the listing and renting or purchasing of agricultural machinery, services and resources ("Assets"). Such Assets are included in listings on the Site and Services by Owners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to rent or purchase an Asset or create a listing, you must first register to create an Agrishares Account (defined below).
As stated above, Agrishares makes available an online platform or marketplace with related technology for Owners and Renters to meet online and arrange for renting or purchasing of Assets directly with each other. Agrishares is not an owner or operator of assets, nor is it a provider of assets and Agrishares does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control assets. Unless explicitly specified otherwise in the Agrishares platform, Agrishares' responsibilities are limited to facilitating the availability of the Site and Services.
Please note that, as stated above, the Site, and Services are intended to be used to facilitate Owners and Renters connecting and renting or purchasing Assets directly with each other. Agrishares cannot and does not control the content contained in any listings and the condition, legality or suitability of any of Assets. Agrishares is not responsible for and disclaims any and all liability related to any and all Listings and Assets. Accordingly, any renting or purchasing will be made or accepted at the member's own risk.
Modifications – Agrishares reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Account registration – In order to access certain features of the Site, and to rent or purchase an Asset or create a Listing, you must register to create an account ("Agrishares Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site, as described below. As part of the functionality of the Site and Services, you may link your Agrishares Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Agrishares through the Site or Services; or (ii) allowing Agrishares to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Agrishares and/or grant Agrishares access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Agrishares to pay any fees or making Agrishares subject to any usage limitations imposed by such third-party service providers. By granting Agrishares access to any Third-Party Accounts, you understand that Agrishares will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site and Services via your Agrishares Account and Agrishares Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Agrishares Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Agrishares' access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Agrishares Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Agrishares makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Agrishares is not responsible for any SNS Content.
Your Agrishares Account and your Agrishares Account profile page will be created for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Agrishares Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Agrishares reserves the right to suspend or terminate your Agrishares Account and your access to the Site and Services if you create more than one (1) Agrishares Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Agrishares Account, whether or not you have authorized such activities or actions. You will immediately notify Agrishares of any unauthorized use of your Agrishares Account.
Law abidance – You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content (content created by Members and Agrishares and made accessible via Site or Services). In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to agricultural resources market;
"stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Agrishares Owner or Renter;
offer, as an Owner, any Asset that you do not yourself own or have permission to rent or sell;
offer, as an Owner, any Asset that may not be rented or sold pursuant to the terms and conditions of an agreement with a third party;
register for more than one Agrishares Account or register for an Agrishares Account on behalf of an individual other than yourself;
contact an Owner for any purpose other than asking a question related to an Asset;
contact a Renter for any purpose other than asking a question related to an Asset;
recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Agrishares, without Agrishares’ prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
use the Site, Services or Collective Content to find an Owner or Renter and then complete a transaction related to Assets independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Agrishares' provision of the Services or for any other reasons;
as an owner, submit any listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Agrishares’ name, any Agrishares trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Agrishares' express written consent;
access, tamper with, or use non-public areas of the Site or Services, Agrishares' computer systems, or the technical delivery systems of Agrishares' providers;
attempt to probe, scan, or test the vulnerability of any Agrishares system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Agrishares or any of Agrishares' providers or any other third party (including another user) to protect the Site, Services or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
accept or make a payment for Asset rent of purchase outside Agrishares Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Agrishares harmless from any liability for such payment.
Agrishares has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Agrishares may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Agrishares or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Agrishares, its users, or members of the public. You acknowledge that Agrishares has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Agrishares reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Agrishares, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
Information we gather – We receive, store and process information that you make available to us when accessing or using our Site and Services. Examples include when you:
fill in any form on the Site, such as when you register or update the details of your user account, or when you supply ID verification information;
access or use the Site, such as to search for or post Assets, make or accept rents or purchase, pay for Assets, pay for any associated services that may be available, post comments or reviews, or communicate with other users;
link your account on a third party site (e.g. Facebook) to your Agrishares account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you; and
communicate with Agrishares.
Our Site may use social plugins which are provided and operated by third-party companies, such as Facebook's Like Button.
As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Site. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Site to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.
How we use information we gather - We use, store and process Information about you for the following general purposes:
to enable you to access and use the Site;
to operate, protect, improve and optimize the Site, Agrishares’ business, and our users' experience, such as to perform analytics, conduct research, personalize or otherwise customize your experience, and for advertising and marketing;
iii. to help create and maintain a trusted and safer environment on the Site and Services, such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your listings, verifying any identifications provided by you, and conducting checks against databases such as public government databases;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information about Agrishares or general promotions for partner campaigns and services. You can unsubscribe or opt-out from receiving these communications in your settings (in the "Account" section) when you login to your Agrishares account;
to administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Agrishares or our business partners; and
to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.
To whom are information disclosed and with what purpose - Your Personal Information may be disclosed as follows:
Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Site to other users for marketing purposes or to the extent necessary to operate and manage referral and rewards programs.
Your public listing page will always include some minimum information such as the location where the Assets are located, your listing description, your calendar availability and your public profile photo. Your public listing page may also include aggregated demand information (such as number of page views over a period of time). Parts of your public Listing page may be displayed in other parts of the Site to other users for marketing purposes.
The Site allows your public profile and public listing pages to be included in search engines, in which case your public profile and public listing pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may opt out of this feature by changing your settings on the Site. If you change your settings or the information on your public profile or public listing pages, third-party search engines may not update their databases quickly or at all. We do not control the practices of third-party search engines, and they may use caches containing outdated information, including any information indexed by the search engine before you change your settings or the information on your public profile or public listing pages.
When a Renter rents or purchases an Asset, we will ask you to review the Asset and the Owner, as well as the Renter if you are an Owner. If you choose to provide a review, your review may be public on the Site.
You acknowledge, consent and agree that Agrishares may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against Agrishares; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of Agrishares, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless:
providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
based on information supplied by law enforcement, we, in our sole discretion, believe: (a) that providing notice could create a risk of injury or death to an individual or group of individuals, (b) that the case involves potential harm to minors, or (c) that harm or fraud could be directed to Agrishares, its Members, the Site, or Services.
We may also publish, disclose and use aggregated information and non-personal information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
You may review, update, correct or delete the Personal Information in your Agrishares account. If you would like to correct your information or cancel your Agrishares account entirely, you can do so by logging in to your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be publicly available on the Site in association with your first name, even after your Agrishares account is cancelled.
Content - The Site and Services are protected. You acknowledge and agree that the Site and Services, including all associated intellectual property rights, are the exclusive property of Agrishares.
License - Subject to your compliance with the terms and conditions of these Terms, Agrishares grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Agrishares content solely for your personal and non-commercial purposes and (ii) access and view any member content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Agrishares or its licensors, except for the licenses and rights expressly granted in these Terms.
Member content - We may, in our sole discretion, permit you to post, upload, publish, submit or transmit member content. By making available any member content on or through the Site and Services, you hereby grant to Agrisharees a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such member content on, through, by means of or to promote or market the Site and Services. Agrishares does not claim any ownership rights in any such member content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such member content.
You acknowledge and agree that you are solely responsible for all member content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all member content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Agrishares the rights in such member content, as contemplated under these Terms; and (ii) neither the member content nor your posting, uploading, publication, submission or transmittal of the member content or Agrishares’ use of the member content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links - The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Agrishares is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Agrishares of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Account Suspension, Termination and Cancelation - We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Agrishares account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Agrishares account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your Agrishares Account, your member content, or receive assistance from Agrishares (b) any pending or accepted future rents or purchases as either Owner or Renter will be immediately terminated, (c) we may communicate to your Owners or Renters that a potential or confirmed rent or purchase has been cancelled, (d) we may contact your Renters to inform them about potential alternate Assets with other Owners that may be available on the Site and Services, and (e) you will not be entitled to any compensation for rents or purchases (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Agrishares account. Please note that if your Agrishares Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Disclaimer - If you choose to use the Site or Services, you do so at your sole risk. You acknowledge and agree that Agrishares does not have an obligation to conduct background on any member, including, but not limited to, Owners and Renters, but may conduct such background in its sole discretion. The Site and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Agrishares explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Agrishares makes no warranty that the Site or Services, including, but not limited to, the Listings or any Asset will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Agrishares makes no warranty regarding the quality of any Listings, Assets, Owners, and Renters, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from Agrishares or through the Site or Services, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Owners or Renters. You understand that Agrishares does not make any attempt to verify the statements of users of the Site or Services or to review or inspect any Assets. Agrishares makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Owners and Renters, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Agrishares.
Limitation of liability - You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site and Services, your listing or renting/purchasing of any Assets via the Site and Services, any contact you have with other users of Agrishares whether in person or online remains with you. Neither Agrishares nor any other party involved in creating, producing, or delivering the Site or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site or Services, from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services or from your listing or renting/purchasing of any Asset via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Agrishares has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Owners pursuant to these terms in no event will Agrishares’ aggregate liability arising out of or in connection with these terms and your use of the Site and Services including, but not limited to, from your listing or renting/purchasing of any Asset via the Site and Services, or from the use of or inability to use the Site or Services and in connection with any Asset or interactions with any other members, exceed the amounts you have paid or owe for renting or purchasing via the Site and Services as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are an Owner, the amounts paid to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Euros (EUR 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Agrishares and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification - You agree to release, defend, indemnify, and hold Agrishares and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your member content; (c) your (i) interaction with any member, (ii) rent or purchase of an Asset, or (iii) creation of a Listing; and (d) the use, condition or rental/sale/purchase of an Asset by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, sale or purchase or use of an Asset.
Assignment - You may not assign or transfer these Terms, by operation of law or otherwise, without Agrisahres’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Agrisahres may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices - Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Agrishares (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Entire agreement - These Terms constitute the entire and exclusive understanding and agreement between Agrishares and you regarding the Site, Services, and any rent or purchase or listings of Assets made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Agrishares and you regarding rent, purchase or listings of Assets, the Site and Services.
Governing law and jurisdiction - These Terms and your use of the Services will be interpreted in accordance with the laws of the Republic of Serbia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Novi Sad, Serbia, for any court proceedings related to Site and Services.
No waiver - The failure of Agrishares to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Agrishares. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.