WSE’s Rancher Network & Tool Suite
Last revised on March 13th, 2023
Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement”).
“Service” is defined as any information, links, software, tools, or services found on WSE’s website (found at www.westernsustainabilityexchange.org) as well as any subdomains (including but not limited to rancher-network.westernsustainabilityexchange.org), and any mobile applications. Service also includes all content, defined as all text, information, data, documentation, software, executable code, images, audio, or video material. WSE retains all registered and common law rights in all trademark and trade names may include Rancher Network, Regen Ranch Guide©, Land Health Dashboard™, and other terms or names added in the future.
Your right to use the Services is subject to the following “Agreement” and your status as a paid and/or approved user. Your use of our site and any related products, tools, or services represent your agreement to be bound by this Agreement. Please read the following terms carefully.
USE OF THE SERVICE
License & Restrictions
Once your account has been approved, you will have the right to use the Service for its designed purpose only as long as you abide by all terms and conditions of this Agreement. You are granted a personal, limited, non-exclusive, non-transferable, revocable license to access and use Service, including the use of our Apps and software for your personal, non-commercial use only. WSE reserves the right to remove or block access to the content you enter, upload, or otherwise provide in our sole discretion as well as to refuse, suspend, or cancel user accounts and access to the Service for any reason at any time, without notice. In the event that your account is suspended or terminated because of a breach of this Agreement or violation of any law, we are in no way responsible for issuing a refund.
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and through the Service, satisfy any legal requirement that such communications be in writing.
PRICING AND PAYMENTS
Rancher Network accounts are a free service. Should you elect to subscribe to additional features, such as our Land Health Dashboard™, you will be billed at an annual rate per the agreement for the additional feature you choose to use. Subscriptions to the Land Health Dashboard™ auto-renew each year according to the date of your first purchase and you hereby agree to such auto-renewal. The price for Service is subject to change at our sole discretion and as we add additional features per the agreement for each Service. We reserve the right to alter or raise our rates at any time and will post any changes to pricing clearly on our website and in your renewal letter. In subscribing to Service, you agree to these pricing and payment terms. If your payment fails, you will have 5 days to provide us with your updated payment info. If you fail to do so, we reserve the right to cancel, suspend, or otherwise revoke access to your account for any additional feature or Service.
A separate, additional $200 onboarding fee is required for the Land Health Dashboard™ based on the needs of your operation during your personalized onboarding process. This rate is based on an estimated 4 hours of set-up time. Should your ranch require additional time and attention WSE will charge for this additional consulting time at a rate of $135 per hour. Additional consulting time may include time and resources spent on data entry, review, and organization; consultation, education, and coaching; and, in some cases, ranch visits–whatever is deemed necessary to get you set up to use the tool effectively.
Users are welcome to cancel the Service or license to use an App or software at any time, though no refunds or prorated amounts may be given per the licensing agreement for the Service, App, or software. If you wish to cancel your subscription before its renewal, it is your responsibility to contact us at least thirty days before your renewal date so we can process your cancellation.
USER CONTENT & AGGREGATE DATA
Any, data, images, videos, text, and information you post, share, upload, or otherwise provide to WSE is considered your “User Content.” By providing any User Content to WSE or the Service, you grant a WSE a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, display, publish, and prepare derivative works of all or any portion of User Content, provided that the derived data does not uniquely identify, or could reasonably be used to uniquely identify, you.
WSE will be licensing and creating agreements between other organizations and the Service, Apps, or software. You understand that these arrangements may necessitate data sharing and that the terms (Agreement) described above will also apply to data sharing with program partners under these scenarios. WSE may utilize your data in aggregate, anonymized form to compare data, analyses, and measurements across ranches, and this aggregate data will not specifically identify you or your operation. Individual, identifiable ranch data will not be shared directly with any party without your explicit written permission provided to WSE. You agree to this use of your data and understand its purpose for reporting aggregate data to other partners, funders, and associates that are aligned with the mission of WSE.
Limitations of Liability
You are responsible for your data. We do not accept liability for data corruption, loss, or inaccuracy, including but not limited to: grazing data, ecological data, maps, map features, etc. The information, Apps, software, products, information, and services included in or available through the Service may include inaccuracies or typographical errors. WSE is not liable for any errors in textual, graphical, or other representations of data. WSE may make improvements and/or changes to the Service at any time but we will not edit or correct data without your specific permission and direction and will do so only as a Service provider and not a content controller.
INTELLECTUAL PROPERTY & COPYRIGHT
All content included as part of the Service, such as text, graphics, logos, images, data, and any compilation thereof, is the property of WSE, or licensed for use by WSE, and protected by copyright and other laws that protect intellectual property and proprietary rights. You will not copy, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Service or WSE’s subdomains without the express written permission of WSE or the copyright owner.
Western Sustainability Exchange, www.westernsustainabilityexchange.org, The Regen Ranch Guide©, Land Health Dashboard™, the Rancher Network, and other WSE graphics, logos, and other service names are registered trademarks or trade dress of Western Sustainability Exchange and may not be used without the prior written consent of WSE.
You agree that any input, feedback, or comments provided by you are the property of WSE, and can be used for promotion, description, or any other purpose without compensation to you.
PRIVACY AND DATA SHARING
The Service aims to provide ranchers and other landowners with the information they need to effectively use regenerative ranching practices. YOUR USE OF SERVICE IS AT YOUR OWN RISK. WSE DOES NOT PROVIDE ANY GUARANTEE, WARRANTY, PROMISE, OR CLAIM BASED ON THE USE OF SERVICE. WSE is also not liable for decisions you make resulting from your interpretation of this data. The analysis, summarization, and representation of data are for informational purposes. We further disclaim any liability for suggestions, opinions, recommendations, or other information provided by staff, users, or other affiliates.
WSE makes no warranties that these tools or services will be available at all times to all users. Service may be interrupted from time to time for site maintenance, technical issues, and events outside our control. WSE assumes no liability, financial or otherwise, for loss of access to Service, including any act, circumstance, or omission over which we could not reasonably have exercised control.
Additionally, we take all reasonable efforts to reduce exposure to worms, viruses, malware, or other bugs that may cause damage to a user. We utilize industry-standard methods to protect you from these types of attacks. You acknowledge and agree that WSE cannot guarantee full protection and therefore WSE is not responsible should any damage occur in connection with these attacks and their impact on the use of Service.
Hyperlinks & Third-Party Services
Service may contain links to other outside websites (“Linked Sites”). The Linked Sites are provided as a convenience to the user, and WSE does not endorse, nor assume any responsibility for, any links to third-party websites, software, apps, or content. Some portions of the Service may be delivered by third-party sites and organizations. By using any product, service, or functionality originating from Service, you hereby acknowledge and consent that WSE may share such information and data with any third party with whom WSE has a contractual relationship but only to the extent needed to provide the requested product, service, or functionality on behalf of Service users and customers.
You understand and fully agree to indemnify, defend and hold harmless WSE or its parties and affiliates for any losses, liabilities, damages, claims, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Service, any User Content provided by you, associated interpretations of any Service or information provided by the Service, your violation of any terms of this Agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
This Agreement is governed by the laws of the State of Montana, without regard to any conflict of laws provisions.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then you and WSE agree that such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. This arbitration provision shall survive the termination of these Terms and Conditions. DAMAGES SHALL NOT EXCEED THE FEE PAID BY YOU TO WSE IN THE SIX MONTHS PRIOR, OR $100, WHICHEVER IS LESSER.
CHANGES TO TERMS
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WSE concerning the Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and WSE concerning the Service.
WSE welcomes your questions or comments regarding this Agreement:
Western Sustainability Exchange
PO Box 1448
Livingston, Montana 59047-3423
Email Address: email@example.com
Telephone number: 406-222-0730
All questions and comments can be directed to firstname.lastname@example.org