Terms of Use

This Contract governing Users’ TERMS OF USE (TOU or Agreement) constitutes a legal and binding contract between you and Cornell University through its College of Agriculture & Life Sciences (“Cornell”), containing the terms and conditions for Licensed access to the information and use of the Tool. 

This Agreement’s terms and conditions govern your access to, provision of data, and use of Licensed Content for the following online tool(s), subject to compliance with all terms and conditions contained herein:_____________________________________ (“Content” or “Licensed Content” or “Licensed Tools”).

ACCESS TO THE LICENSED CONTENT IS OFFERED TO REGISTERED AND AUTHORIZED USERS. USE OF ANY CORNELL LICENSED CONTENT REQUIRES THAT YOU CAREFULLY READ AND AGREE IN FULL WITH ALL OF THE TERMS AND CONDITIONS OF THESE CONDITIONS OF USE AND LICENSING AGREEMENT (TOU) BEFORE ACCESSING OR CONTINUING THE USE OF THE LICENSED TOOLS OR PRODUCTS. IN ORDER TO ACCESS AND USE THE LICENSED CONTENT ANY INDIVIDUAL, BUSINESS ENTITY,MEMBERSHIP ORGANIZATION, OR OTHER ENTITY OR ITS AFFILIATED OR AUTHORIZED MEMBERS(DEFINED IN THIS AGREEMENT AS THE “USER” OR “LICENSEE”) WHO HAS ACQUIRED, BEEN PROVIDED OR PURCHASED AUTHORIZED ACCESS TO THE LICENSED CONTENT, MUST AGREE IN FULL TO ALL TERMS OF THIS LICENSING AGREEMENT, INCLUDING THE EXPRESS AND INFORMED RELEASE FROM ANY AND ALL RIGHTS TO PURSUE ANY FORM OF LEGAL OR EQUITABLE RECOURSE AGAINST CORNELL UNIVERSITY OR ITS VARIOUS COLLEGES, REPRESENTATIVES, OFFICERS AND/OR EMPLOYEES.

ACCESS TO, OR USE, HOWEVER LIMITED, OF THE LICENSED CONTENT BY USER(S) CONSTITUTES FULL AGREEMENT WITH ALL OF THE TERMS OF THIS LICENSE AS SPECIFIED IN THIS AGREEMENT. THIS IS A LEGAL, BINDING AND ENFORCEABLE CONTRACT BETWEEN THE USER AND CORNELL FOR USER’S ACCESS OR UTILIZATION OF THE SUBJECT CONTENT. 

THE LICENSED CONTENT AND INFORMATION OUTPUTS ARE PROVIDED TO USERS ‘AS IS’ AND IS NOT BUSINESS, GROWER OR LEGAL ADVICE, AND SHOULD NOT SUBSTITUTE FOR USER’S PERSONAL JUDGEMENT AND EXPERIENCE, OR CONSULTATION WITH QUALIFIED ADVISORS.

1. License Grant. Cornell hereby grants to you a limited, non-exclusive, non-sublicensable license to access the Licensed Tools solely for the individual benefit of Licensee’s members or affiliates and authorized by Cornell (or its designee for the administrative maintenance of the Licensed Content and its authorized Users) in exchange for the consideration set forth herein and the provision of your data and information. The term of this Agreement shall befor the duration of your access and use of the Licensed Content. Licensee acknowledges that the presence of federal funding may place further limitations or requirements upon the use and/or rights conferred herein, and any rights licensed are subordinate to any conflicting rights in the federal government; Licensee expressly acknowledges and accepts all licensed rights herein are subject to these conditions.

2. Ownership. Cornell is and remains the owner of all right, title, and interest (including copyright, patent, trade secret and other proprietary rights) in and to the Licensed Content. Nothing in this Agreement will be construed as granting Users or Licensees any title or interest in or to the Licensed Content. Users agree not to contest the validity of Cornell’s rights or to perform any act adverse to Cornell’s rights.

3. User Information and Passwords. You will be asked to provide certain information to gain access to the Licensed Content. You agree that the information you provide is true, accurate and complete and that you will not register under a name of, or attempt to enter or use the Licensed Content under a name or ID that is not your own. You agree that it is your responsibility to maintain your access to the Licensed Content and keep your password and other information you provide confidential. You agree to immediately notify Cornell if there is any known or suspected unauthorized use of your password or the Licensed Content.

4. Use of Your Information.This is how your information will be utilized:

a) What data will be gathered:

When you create a Farm account, we ask for specified fields of information, and for you to check boxes for a list of your crops and products. You then have the option to check boxes to indicate which crops and products are Certified Organic. When you authorize Square access on your account, we will be authorized to access and download from the Square “Transactions CSV” report for the following fields: Date, Time, TransactionID, GrossSales, NetSales, NetTotal, Location, Card, Cash, OtherTender, OtherTenderNotes, Description, EventType, DeviceName, and StaffName. And similarly, from the Square “Items Details CSV” report, the following fields: Date, Time, Item, Qty, PricePointName, GrossSales, Discounts, NetSales, TransactionID, DeviceName, Notes, Details, EventType, Location, Unit, and Count.


b) How data is accessed.

The Tool possesses a web application that allows farms to easily share their Square sales data with the Cornell research team. When you create an account on our web app, so we can access your information and, in turn, share information and data points with you, you will be asked to permit access to Square by following a link to Square and logging in. This is the means our web app has access to the data fields outlined above.

 c) How the information is utilized, retained, confidential and anonymized.

We use the data for two projects, farms check boxes to enroll in each project separately. The primary reason for farms to create an account on the web app is to enroll in one or both projects.

1. POS Consumer Transaction Size Research Project:
   
   The data is utilized to create reports based on individual farm performance. Reports show the farm selected metrics and output from both summary statistics and regression results using their own data. For any research purpose, the data is anonymized and aggregated so reporting excludes farm details such as farm name and applicable farmers market information.
   
   
2. USDA Farmers Market Price Reporting Project:

   Data is utilized to create weekly price reports on a select list of products. The price reports reflect the minimum, maximum, and weighted average price for each unique product as well as the volume of sales. Products for which we only have data from one farm will be omitted from the report. Individual farmers market and farm names are redacted. All data is kept anonymous and only presented only in the aggregate. 
   
   

d) How we share information.

Detailed reports are shared with individual project participants. Otherwise, any data shared is anonymous and aggregated. Aggregated data is intended to be shared via scholarly presentations and publications by the involved researchers. General weekly price reports are also created for USDA AMS Market News and posted online – no identifiable data is included.
 

e) Benefits to Farms providing data.

1. POS Consumer Transaction Size Research Project:
   
   Farms receive detailed reports with summary statistics/metrics and regression analysis outputs. The reports include comparison to the ‘all-farm benchmarks’, to provide context and perspective. The reports offer interpretation of results as well as recommendations tailored to the farm’s results. In addition, farms are offered one-on-one consultation with the project team to discuss their results and opportunities to improve chosen metrics.
   
   
2. USDA Farmers Market Price Reporting Project:
   

   Participating farms contribute to reported values, benefiting all farms in the region. In addition, farms are compensated $25/week for successful data submission.
   
   

f) How to opt out or quit the project:

Farms can contact the research team to opt out or quit the project. Additionally, Users can change their Square password, preventing any further data downloads.

5.NO WARRANTY; LIMITATION OF LIABILITY. THE LICENSED CONTENT / TOOL IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CORNELL WILL NOT BE RESPONSIBLE TO YOU OR YOUR ENTITY FOR ANY AND ALL CONSEQUENCES, FORSEEABLE OR UNFORESEEABLE,FOR LOSSES OR DAMAGES OF ANY KIND, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR OTHER MONETARY LOSS, ARISING OUT OF THE USE OR RELIANCE UPON THE LICENSED CONTENT, REGARDLESS AS TO WHETHER OR NOT ANY SUCH ISSUES OR CAUSES ARE WITHIN CORNELL’S OR YOUR CONTROL, OR DUE TO ANY ACTS OR OMISSIONS, OR OTHER FAULT OF CORNELL, ITS AGENTS, AFFILIATES, EMPLOYEES OR OTHER REPRESENTATIVES.

6. Termination. Cornell may terminate your access to and use of the Licensed Content at any time if Cornell believes, in its sole judgment, you or your employees or representatives or agents have violated this Agreement. Upon termination of this Agreement, your limited license to use the Licensed Content will automatically terminate. Sections 2-6 of this Agreement will survive the termination or expiration of the Agreement.

7. Government End Users. If the User is acquiring the Licensed Content on behalf of any unit or agency of the United States Government, then the terms of this licensing agreement are acknowledged by Cornell and shall comply with the FAR clause at 12.212(a) and be consistent with Federal law as specified in the FAR regulations. If the User is a United States Government entity and Cornell believes that the User is in violation of any of the provisions of this Agreement, then Cornell will submit a claim with the relevant contracting officer and seek remedy in accordance with the FAR or other relevant governmental provisions governing such disputes. Cornell and any User who is a government agency agree that all disputes shall be resolved in accordance with FAR 52.233.1 and FAR 12.302(b) or other applicable United States governmental regulations pertaining to contractual disputes.

8. General Provisions. Cornell is not liable for any loss, damage, delay or failure to perform in whole or in part resulting from causes beyond its control, including, but not limited to, fires, floods, tornadoes, earthquakes, strikes, delays in transportation, pandemics, epidemics, or the requirements or restrictions of any university or governmental authority. Together with all contractual terms and conditions, this Agreement constitutes the entire agreement between you and Cornell and may be amended by Cornell by posting changes or additions to the EULA. Cornell may assign this Agreement at its discretion.

9. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York, unless the User is a United States Government entity in which case the current controlling law will be in accordance with the regulations and laws of that United States Government entity.

10. Venue and Jurisdiction. User acknowledges and agrees any claim arising from or related to this Agreement must be brought in state or federal courts located in New York, and Users voluntarily agree to New York venue, jurisdiction and governing law.

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Privacy Statement

This CORNELL UNIVERSITY (CORNELL) Privacy Statement provides information about CORNELL’s online information gathering and dissemination practices. Individual pages on CORNELL websites may provide additional information.

If you are in the European Union, DO NOT ACCESS OR UTILIZE THE LICENSED CONTENT.

We encourage you to periodically review this Privacy Statement, as well as any information linked from this Privacy Statement, because we may update it from time to time.

Information CORNELL Collects from Users and How We Use it

CORNELL collects information actively provided by Users. We may also collect information about the computers, mobile devices, or other devices you use to access CORNELL’s websites and technology network, such as IP address, unique device identifiers, browser types, browser languages, web pages visited, network software access, referring web pages, date, time, and duration of activity, passwords, and accounts accessed, volume of data storage and transfers, and locations of User devices when connected to CORNELL’s websites and technology network. Logs of this information may be retained. We may contract with non-CORNELL service providers to help us better understand Users.

CORNELL uses information collected to provide services, in support of CORNELL’s Mission, to protect the security of CORNELL’s technology network, to support academic integrity, and to provide safety and security services to Users, as well as to monitor, preserve, and enhance the use, functioning, and integrity of CORNELL’s technology network. CORNELL may also use information collected from you for analysis and statistical purposes consistent with CORNELL’s Mission. CORNELL may also use information collected from you to market CORNELL's products and services.

Cookies

Cookies are small files that are stored on your computing devices. We use cookies to understand and save your preferences for future visits and compile aggregate data about network traffic and network interaction so that we can offer better network experiences and tools in the future. Cookies may be set by organizations other than CORNELL. Because the cookie policies of these third-party service providers may change over time, you should review their policies by visiting their privacy policies directly. Users may disable cookies through their individual browser options. However, if you do not accept cookies, you may not be able to use some portions of our websites or technology network.

The following describes the types of cookies CORNELL uses on our websites:

Required or Strictly Necessary Cookies. These cookies are essential for our websites to operate correctly and to provide you with requested services. For example, we use cookies to authenticate you, so when you log on to CORNELL websites, we know who you are.

Functionality Cookies. We use functionality cookies to enhance website features, such as videos and live chat, and for personalization, such as storing your preferences (e.g. username and language selection). Functionality cookies may be set by CORNELL or by third parties whose services we have added to our websites. If you do not allow these cookies, you may not be able to use some portions of our websites or technology network, and some website may not work properly.

Social Media Cookies. Social media cookies may be set by third parties such as YouTube and Facebook to collect information about your social media usage.

Analytics Cookies. Analytics cookies collect information about your use of our websites and technology network, and help us improve the way it works. For example, analytics cookies identify the most frequently visited pages, record any difficulties you have, and show whether our advertising is effective. This allows us to see the overall patterns of usage, rather than the usage of a single person. We use the information to analyze the websites' traffic.

Targeting/Advertising Cookies. We use targeting/advertising cookies to create profiles and personalize content. We may use third party products, such as Google Analytics, to market CORNELL’s services to you on third party websites. For example, if you visit CORNELL websites, you may then see advertisements for CORNELL on other websites.

You can learn more about cookies and their functions generally by visiting an information website such as allaboutcookies.org.

Do Not Track Signals. Some web browsers have a "Do Not Track" (DNT) feature that tells websites that users do not want to have their online activity tracked.

Alternatives to Website Transactions. If you prefer not to provide information to CORNELL through our websites or technology network, you may contact the CORNELL administrative unit responsible for the service to learn about available options.

Disclosure of Information. CORNELL does not disclose confidential information we collect online to individuals or entities not affiliated with CORNELL, except in the limited circumstances described below. Non-confidential information may be disclosed or distributed pursuant to federal laws, state laws, or university policies. These laws and policies explain what information may be shared or disclosed. They also explain what information is protected as confidential.

Court Order or Public Safety. CORNELL may be required to disclose confidential information pursuant to a valid court order or lawfully issued and served subpoena, search warrant, or other legal order. In addition, CORNELL may disclose confidential information to law enforcement if CORNELL believes that disclosure is necessary to protect CORNELL, to protect the health or safety of individuals, or if law enforcement believes that CORNELL’s resources have been used in the commission of a crime.

Contractors. CORNELL may contract with non-CORNELL service providers to provide services and information through CORNELL’s websites and technology network. CORNELL may provide information, including personal information collected on our technology network; to non-CORNELL service providers to assist CORNELL deliver classes, programs, products, information, and services. CORNELL also contracts with non-CORNELL service providers to perform analysis, research, and administrative activities for CORNELL. CORNELL requires non-CORNELL service providers to protect personal information on our behalf.

Security. CORNELL takes steps to ensure that confidential information collected online is secure. These steps include: ongoing User education; using tools in an effort to restrict unauthorized access, viruses, phishing, and hacking attempts; and monitoring activity to identify potential system threats. CORNELL routinely assesses and enhances tools and processes available to strengthen our online security.

Contact Information. If you believe CORNELL has not adhered to this Privacy Statement, please contact CORNELL’s privacy contact at: DH Goodall, Manager of Learning Innovation at dhgoodall@cornell.edu. CORNELL will use reasonable efforts to address your concerns; although there may be circumstances where we cannot assist.

Changes. We will publish on our website any changes we make to this Privacy Statement.