TRACKTER TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of the Trackter web and mobile applications; by using Trackter, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Trackter. You must be at least 18 years of age to use Trackter. By using Trackter and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. Trackter uses cookies. By using Trackter and agreeing to these terms and conditions, you consent to our Pasture Laboratories, LLC.'s use of cookies in accordance with the terms of Pasture Laboratories, LLC.'s privacy policy and cookies policy. License to use website Unless otherwise stated, Pasture Laboratories, LLC. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or pictures from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from Trackter (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on Trackter for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from Trackter except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use Trackter in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use Trackter to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Trackter without Pasture Laboratories, LLC.’s express written consent. You must not use Trackter to transmit or send unsolicited commercial communications. You must not use Trackter for any purposes related to marketing without Pasture Laboratories, LLC.’s express written consent. Restricted access Access to certain areas of Trackter is restricted. Pasture Laboratories, LLC. reserves the right to restrict access to other areas of Trackter, or indeed this entire website, at Pasture Laboratories, LLC.’s discretion. If Pasture Laboratories, LLC. provides you with a user ID and password to enable you to access restricted areas of Trackter or other content or services, you must ensure that the user ID and password are kept confidential. Pasture Laboratories, LLC. may disable your user ID and password in Pasture Laboratories, LLC.’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Trackter, for whatever purpose. You grant to Pasture Laboratories, LLC. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Pasture Laboratories, LLC. the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Pasture Laboratories, LLC. or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Pasture Laboratories, LLC. reserves the right to edit or remove any material submitted to Trackter, or stored on Pasture Laboratories, LLC.’s servers, or hosted or published upon Trackter. Notwithstanding Pasture Laboratories, LLC.’s rights under these terms and conditions in relation to user content, Pasture Laboratories, LLC. does not undertake to monitor the submission of such content to, or the publication of such content on, Trackter.

Payment Partner Agreement

In order to use the payment functionality of Trackter, you must open a "Access API” accounts provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service. You authorize Pasture Laboratories, LLC. to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Trackter, and Dwolla account notifications will be sent by Trackter, not Dwolla. Pasture Laboratories, LLC. will provide customer support for your Dwolla account activity, and can be reached at pasturelabs.com, development@pasturelabs.com and/or 404-542-5390.

Proper Use

By agreeing to these terms and conditions, you agree not to misrepresent, mislabel, or otherwise falsely represents goods posted, sold, shipped, or otherwise communicated through Trackter. Any attempt to sell mislabelled or unsupported goods on Trackter is a violation of this agreement, and can result in termination of your account without warning or notice. You acknowledge that any attempt to route illegal transactions through Trackter constitutes a violation of this agreement, and will result in immediate termination of current or future Trackter accounts. Agreeing to these terms constitutes an acknowledgement that all postings, listings, and shipments must match their posted descriptions, loading points, grades, varieties, amounts, and any other listed values. Items designated as organic, free range, or any other labelled value must conform to all relevant regulations regarding such designations. Falsely designated items constitute a violation of these terms and may result in a permanent ban from the platform.

Disputes and Liability

Agreeing to these terms is an acknowledgement that any rejections or disputes between buyer and seller will be resolved through the means established by the Perishable Agricultural Commodities Act (PACA). You acknowledge that Pasture Laboratories, LLC. And Trackter, their officers, employees, agents, subsidiaries, successors, assigns and sub-contractors, are not a party to any of these disputes and are not liable for any such disputes or their outcome. You acknowledge that any payments mandated by these dispute proceedings must be made through Trackter promptly at the time of resolution, and that not doing so constitutes a violation of this agreement. You acknowledge that it is your duty to accept shipments that match their posted description, and to ship only products that match said descriptions. Failure to do so constitutes a violation of this agreement and may result in permanent revocation of your Trackter account.

No warranties

Trackter is provided “as is” without any representations or warranties, express or implied. Pasture Laboratories, LLC. makes no representations or warranties in relation to Trackter or the information and materials provided on Trackter. Without prejudice to the generality of the foregoing paragraph, Pasture Laboratories, LLC. does not warrant that:

  • Trackter will be constantly available, or available at all; or
  • the information on Trackter is complete, true, accurate or non-misleading.
Nothing on Trackter constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter, it is your sole responsibility to consult an appropriate professional.

Limitations of liability

Pasture Laboratories, LLC. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, Trackter:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Pasture Laboratories, LLC. has been expressly advised of the potential loss.

Exceptions

Nothing in Trackter disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in Trackter disclaimer will exclude or limit Pasture Laboratories, LLC.’s liability in respect of any:

  • death or personal injury caused by Pasture Laboratories, LLC.’s negligence;
  • fraud or fraudulent misrepresentation on the part of Pasture Laboratories, LLC.; or
  • matter which it would be illegal or unlawful for Pasture Laboratories, LLC. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using Trackter, you agree that the exclusions and limitations of liability set out in Trackter disclaimer are reasonable. If you do not think they are reasonable, you must not use Trackter.

Other parties

You accept that, as a limited liability entity, Pasture Laboratories, LLC. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Pasture Laboratories, LLC.’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in Trackter disclaimer will protect Pasture Laboratories, LLC.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Pasture Laboratories, LLC..

Unenforceable provisions

If any provision of Trackter disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Trackter disclaimer.

Indemnity

You hereby indemnify Pasture Laboratories, LLC. and undertake to keep Pasture Laboratories, LLC. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Pasture Laboratories, LLC. to a third party in settlement of a claim or dispute on the advice of Pasture Laboratories, LLC.’s legal advisers) incurred or suffered by Pasture Laboratories, LLC. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to Pasture Laboratories, LLC.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Pasture Laboratories, LLC. may take such action as Pasture Laboratories, LLC. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Pasture Laboratories, LLC. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Trackter from the date of the publication of the revised terms and conditions on Trackter. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Pasture Laboratories, LLC. may transfer, sub-contract or otherwise deal with Pasture Laboratories, LLC.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Pasture Laboratories, LLC. in relation to your use of Trackter, and supersede all previous agreements in respect of your use of Trackter.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Georgia law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Georgia

Pasture Laboratories, LLC.’s details

The full name of Pasture Laboratories, LLC. is Pasture Laboratories, LLC. Pasture Laboratories, LLC.’s registered address is 184 Lake Ridge Drive, Newnan, GA 30263. You can contact Pasture Laboratories, LLC. by email to development@pasturelabs.com.

Trackter is a fresh produce logistics hub with end to end food safety traceability. It monitors the supply chain from farm to shelf and enables growers, shippers, and buyers to make real time decisions based on reliable data.

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