Ohio Nutrient Management Record Keeper

This DATA COLLECTION SERVICES AGREEMENT (“Agreement”) is a legal agreement between Knox County Farm Bureau, an Ohio not-for-profit corporation, with its principal place of business at 1625A Sharon Avenue, Zanesville, Ohio 43701, and Knox Soil and Water Conservation District, a subdivision of the State of Ohio organized under chapter 940 of the Ohio Revised Code, with its principal place of business at 160 Columbus Road, Mount Vernon, Ohio 43050, hereinafter referred to as “App Owners” and the individual or entity who has downloaded the Ohio Nutrient Management Record Keeper and/or accessed the services through the web portal, hereinafter referred to as “Customer”.

The Knox County Farm Bureau’s mission is to forge a partnership between farmers and consumers that meets consumer needs and ensures agricultural prosperity in a global marketplace.

The Knox Soil and Water Conservation District serves the community and residents of Knox County by promoting and demonstrating conservation of soil and water resources through education, technical assistance, financial support and public information activities.

Please read this Agreement carefully before accepting. By checking the “I agree” box, Customer is consenting to be bound by all of the terms and conditions contained in this Agreement. If Customer is accepting this Agreement on behalf of a company, Customer is also representing that customer has the authority to bind the company to the terms and conditions of this Agreement. If Customer does not agree to be bound by all of the terms and conditions set forth below, uncheck the “I agree” checkbox; in that case, Customer will not have any rights to any Ohio Nutrient Management Record Keeper services as defined herein.

PURPOSE OF THE AGREEMENT

The purpose of this Agreement is to state the terms and conditions under which the App Owners will collect data of Customer related to the Ohio Nutrient Management Record Keeper services they currently provide to Customer.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree as follows:

SECTION ONE

Terms of Service

1.1 Service Provided. The App Owners will provide a data collection service through its Ohio Nutrient Management Record Keeper which Customer has downloaded and/or through its web portal. From this service, the App Owners seek to provide Customer with a recordkeeping tool to help the Customer collect data in a manner that is compliant with the new state laws and regulations regarding fertilizer and manure application.

1.2 Property of Customer. At all times, the App Owners maintain that all data collected, stored, and aggregated through the Ohio Nutrient Management Record Keeper shall always be the property of Customer.

1.3 Storage of Data. The storage of data entered into the Ohio Nutrient Management Record Keeper is the responsibility of the Customer and not the responsibility of the App Owners. Customer shall be responsible for storing and managing its own data.

1.4 Consent. Without prior written consent of Customer, the App Owners shall not engage in the aggregation, disclosure or sale of Customer’s data. Any purported aggregation, disclosure or sale of Customer’s data without said written consent shall be considered a violation of this Agreement.

1.5 Confidentiality. All statistical and/or personal data relating to the business of the Customer that is entered into the Ohio Nutrient Management Record Keeper and/or web portal shall be kept in the strictest confidence by the App Owners and their employees. App Owners may use data on the number of downloads and the number of Customers, but no other data will be made available to App Owners by Customer.

SECTION TWO

Miscellaneous Provisions

2.1 Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Ohio, and all obligations of the parties created under this Agreement are performable in Knox County, Ohio.

2.2 Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

2.3 Notices. Any notices or reports required by this Agreement to be given by one party to the other party shall be made in writing to that party at the address shown at the end of this Agreement or at any other address that may be designated in writing from time to time by that party.

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