AgButler, Inc.
Privacy Policy
This Privacy Policy between you and AgButler, Inc. (“AgButler”) is to be used in connection with
the Terms of Service which govern your access to and use of the AgButler website, including any
subdomains thereof, and any other websites through which AgButler makes its services available
(collectively, “Site”), our mobile, tablet and other smart device applications, and application
program interfaces (collectively, “Application”) and all associated services (collectively,
“Services”). The Site, Application and AgButler Services together are hereinafter collectively
referred to as the “AgButler Platform.”
This Privacy Policy (“Privacy Policy”) is designed to explain the information we collect and how
we use it to provide our services and give users a better experience. It applies to any users of the
AgButler Platform, including those who are seeking to find labor through AgButler (“Employers”)
as well as those who are looking to promote their services through AgButler (“Laborers”), and any
users of any of the various services that AgButler provides through the AgButler Platform or any
other channels associated with AgButler (“Services”).
For purposes of this Privacy Policy, the terms “AgButler,” “we,” “us,” and “our” refer to AgButler
Inc. “You” refers to you, as a visitor or user or the AgButler Platform or the Services. This Privacy
Policy does not apply to third party entities that may use the AgButler Platform or Services. Such
entities’ use of the AgButler Platform and Services are subject to separate terms that they agreed
to when they registered or otherwise contracted with AgButler. Other capitalized terms that are
not expressly defined in this Privacy Policy have the same meaning as set forth in the AgButler
Terms of Use.
Please read this Privacy Policy carefully as it contains important information about information
which is collected, stored, used and disclosed. By accessing or using the AgButler Platform, you
consent to our collection, storage, use and disclosure of your information as described in this
Privacy Policy.
1. Information We Collect and their Sources
1.1. Visitors who access and browse the AgButler Platform without registering are “AgButler
Platform Visitors.” In order to utilize some of the Services offered by AgButler, you must
register with AgButler. All users who register with AgButler are “Registered Users.”
2. Information you provide.
2.1. Regardless of whether you are a AgButler Platform Visitor or a Registered User, all
information that you provide to us when registering, posting a Job Listing, posting a
profile, communicating through the AgButler Platform, discussing labor options over the
phone, utilizing our mobile application or that you otherwise provide on the AgButler
Platform or by phone, email, postal mail or otherwise, will be stored by us. You represent
and warrant to us that you have the right and authority to provide us all information you
provide about yourself or others. You may provide us with information in various ways,
including:
2.1.1. When registering: When you register directly through AgButler, we will collect and
store the information that you provide to us on our online registration forms. This may
include, among other information, your first and last name, email address, home
address, gender, birthday, and phone number.
If you and/or AgButler register for a Service that requires payment of a fee such as
Stripe, AgButler will also collect your payment method details, such as account
number, expiration date, and security code, as well as your billing address, for
payment purposes and your birthday, if not previously provided.
2.1.2. When posting a job: If you are an Employer, we collect and store all of the
additional information that you provide to us on your job posting or that is otherwise
included in an auto-generated job posting. This may include, among other
information: the type of labor you are looking for, location, hourly rate, narrative job
description, requirements for a Laborer (such as ability to drive), pictures you choose
to provide, any other information you choose to include in your Job Listing.
2.1.3. When posting a profile: If you are a Laborer, we collect and store all of the
additional information that you provide to us in your profile. This may include, among
other information: details on the labor you offer, your availability, your location, your
level of education, languages you speak, your ability to drive, specialized licensing,
your phone numbers, references, if you choose to provide them, any other information
you choose to include in your profile.
2.1.4. By telephone: Both AgButler Platform Visitors and Registered Users may provide
information to AgButler when they contact AgButler or utilize certain Services
AgButler may offer by telephone. For example, if you call AgButler to discuss labor
options over the phone, we may collect and store all of the information you chose to
provide to us, including but not limited to financial information, information about
the labor you need, your contact information, etc. If you provide information about
someone other than yourself, you represent that you have authority to do so.
2.1.5. Otherwise through the AgButler Platform or by telephone, email, postal mail or
chat: Certain Registered Users may provide additional information on the AgButler
Platform through other AgButler Platform features and offerings such as our online
communication platforms, groups and payment platforms. In some cases, AgButler
Platform Visitors may have the ability to provide us information through the AgButler
Platform, such as contact information. In addition, both Registered Users and
AgButler Platform Visitors may choose to provide information by phone, email,
postal mail, or chat. We may collect and store all of the information you provide us
through these channels. Moreover, if you provide information about someone other
than yourself through any of these channels, you represent that you have authority to
do so.
3. Information provided by others
3.1.1. By AgButler Platform Visitors, Registered Users and others: AgButler also
captures and collects information that AgButler Platform Visitors, Registered Users
and others provide about one another. For example, Laborers may invite AgButler
Platform Visitors, Registered Users or others to rate and indicate their experience with
the Laborer on the AgButler Platform. Additionally, certain Registered Users may
post reviews about individual Laborers. AgButler may also obtain and post audio
recordings of Laborer references, which may also be accessed from the AgButler
Platform. In addition, certain Registered Users may communicate directly with one
another through AgButler platforms. AgButler Platform Visitors, Registered Users
and others also may provide us information about Registered Users by phone, email
or postal mail. AgButler captures and stores all information it receives from AgButler
Platform Visitors, Registered Users and others about other Registered Users and
AgButler Platform Visitors.
3.1.2. By third parties: In order to promote the safety and integrity of the AgButler
Platform and Services, you authorize AgButler, as provided in the Terms of Use, to
utilize third party service providers to check your information on an ongoing basis
against a variety of sources, and the representations and warranties you make in the
Terms of Use and on the AgButler Platform (such as representations regarding your
criminal background). AgButler may, but has no obligation to (i) ask Registered Users
to provide a form of government identification or other information or undertake
additional checks designed to help verify the identities or backgrounds of Registered
Users, (ii) screen Registered Users against third party databases or other sources and
request reports from service providers, and (iii) where we have sufficient information
to identify Registered Users, obtain reports from public records of criminal
convictions or sex offender registrations or an equivalent version of background or
registered sex offender checks in your local jurisdiction (if available). Any such
background checks will be subject to the terms we establish for such checks on the
AgButler Platform pages where they are requested or authorized, the terms of this
Privacy Policy, and our Terms of Use. AgButler may receive a copy of, or otherwise
have access to, any such background check, unless otherwise specified in this Privacy
Policy or the Terms of Use.
3.1.3. By other sources: In addition, we may obtain information about you from other
sources (e.g., partners, researchers, marketers, etc.), such as demographic data, and
other information to enable us to comply with regulatory requirements, ensure the
accuracy of data, better understand your likely interests, prevent fraud, etc. We may
combine information that we collect from you with information about you from such
other sources and use it in accordance with this Privacy Policy.
3.1.4. Information you expressly authorize us to collect: We may from time to time
request permission to collect certain information from or about you. For example, if
you use a AgButler mobile application, we may request permission to access
information about the contacts listed in your mobile device phone book when you
initiate an address book search for friends who have downloaded the application. We
may also request permission to access and store your location (e.g., your precise GPSbased functionality on the mobile devices used to access the AgButler Platform and
Services). If you grant your permission, we will access and/or store such information
unless you subsequently opt out by adjusting the settings in your mobile device. See
your device manufacturer’s instructions for further details.
3.1.5. Automatically collected information: We may automatically collect certain
information about the computer or devices (including mobile devices) you use to
access the AgButler Platform and Services as described in this section below.
Log files, IP addresses and information about your computer and mobile device:
When you visit the AgButler Platform, AgButler receives the internet protocol
(“IP”) address of your computer (or the proxy server you use to access the internet),
your computer operating system, the type of web browser you are using, and
browser language. If you are using a mobile device, AgButler may also receive
unique device identifiers and other information about your mobile or other
device(s), and mobile operating system. We may correlate this information with
other information we have about you. We may also automatically collect
information related to the ways in which you interact with the AgButler Platform
and the Services, such as referring and exit pages, URLs, platform type, the number
of clicks, domain names, landing pages, pages and content viewed (including ads
viewed) and the order of such views, the amount of time spent on particular pages,
the date and time you use the Services, error logs, and other similar information.
Cookies and other technologies: A cookie is a tiny data file that resides on your
computer, mobile phone, or other device, and allows us to recognize you when you
return to the AgButler Platform using the same computer (or mobile device) and
web browser. Like most websites, we and our service providers use cookies, and
tracking pixels to track AgButler Platform usage and trends, evaluate the
effectiveness of our ads both on and off our AgButler Platform, customize your
experience on the AgButler Platform and improve the quality of our Services. For
example, using these technologies we can determine, among other things, which
pages of our AgButler Platform you visit and which ads you click on. Most
browsers automatically accept cookies, but you can modify your browser settings
to decline cookies. In some cases, however, doing so may impact your ability to
use AgButler. Tracking pixels do not identify individual users, and the analysis of
data obtained by tracking pixels is performed on an aggregate basis.
Online analytics and advertising: When you visit our AgButler Platform or open
one of our emails, we may allow authorized third parties, such as ad servers, ad
agencies, ad exchanges, ad technology vendors, and research firms, to place or
recognize a unique cookie, pixel, and/or similar technologies on your browser in
order to provide you relevant AgButler advertisements as you surf the Internet.
These advertisements may be targeted to you based on information these authorized
third parties know or infer about you and include in the cookies placed on your
browser, and/or on information about your Internet browsing activities gathered
through your browser. If you prefer not to receive these online behavioral
advertisements, you may opt-out here or here. In order for the opt-out to work, your
browser must be set to accept third party cookies. Furthermore, if you buy a new
computer or mobile device, change web browsers or delete the opt-out cookie, you
will need to perform the opt-out task again. Please note that if you opt-out you may
continue to receive AgButler advertisements as you surf the Internet, including
contextual ads based on the content on a webpage you are visiting. However, these
advertisements will not be displayed based on information contained in, or
collected by, cookies or other technologies placed on your browser when you visit
our AgButler Platform or open our emails.
We also use Google Analytics to measure AgButler Platform usage and improve
our visitor experience. The relevant data is provided to us by Google in the
aggregate (i.e., individual users are not identified) and allows us to better
understand our AgButler Platform audience. The Google Analytics features
implemented by us allow us (i) to evaluate and generate reports on certain
demographic, behavioral, and interest metrics of users collected by Google, and (ii)
to create advertising remarketing audiences and campaigns based on such metrics,
which may be segmented into aggregated groups.
Visitors can opt-out of Google Analytics for Display Advertising and customize
Google Display Network ads using the Ads Settings form at
https://www.google.com/settings/ads.
Do Not Track Notice. Some browsers used to access the Internet may give you the
option through “Do Not Track” settings associated with such browsers to request
that a website operator not track your information across its website or other
websites. We engage in such tracking in order to optimize and/or customize our
Services, detect and respond to allegations of fraud, and to otherwise ensure the
safety of our Registered Users and AgButler Platform Visitors. While we do not
currently honor such browser requests, we will not use your information in a
manner that violates this Privacy Policy. In addition, you retain the ability to opt
out of certain online analytics and advertising activities as discussed in this section
above.
Social media features and widgets: Our AgButler Platform includes social media
features and widgets, such as the Facebook “Like” button and the Facebook “Share”
button. These features may collect your IP address, the URL of the page you are
visiting on our AgButler Platform and may set a cookie to enable the feature to
function properly. Social media features and widgets are either hosted by a third
party or hosted directly on our AgButler Platform. Your interactions with these
features are governed by the privacy policy of the company providing it.
4. Purposes For Which We Use Information
In general, the information we collect is used for our business purposes: (1) to improve
our Services and enhance your experience with AgButler, (2) to enable us to provide a
safer community for all of our Registered Users, and (3) to help us communicate with you.
For example, we may use your information to:
• Register and service your account
• Include in Employer profiles, job postings and Laborer profiles
• Contact you in response to questions and solicit feedback and input from you
• Notify you about new features of the Services, special events, or products,
services, and special offers, or other information that we believe will be of
interest to you via email, SMS messages, or other media or networks
• Enable Employers with each other and with Laborers to search based on the
information the other has made available on the AgButler Platform, and
information others have provided about them
• Connect Employers with Laborers that appear to meet their needs and
preferences
• Enable Registered Users to search for, find, interact, connect and share
information with other Registered Users they may have an interest in
interacting with
• Enable Registered Users who connect to AgButler through Facebook to see
which of their Facebook friends who have connected to AgButler through
Facebook are Registered Users or friends with other Registered Users who
have connected to AgButler through Facebook
• Verify information you provide us as well as the representations and
warranties you make to us in the Terms of Use or on the AgButler Platform
• Perform analytics and research aimed at improving the accuracy,
effectiveness, usability, or popularity of the Services
• Generate and review reports and data about our user base and usage patterns,
including to improve the content and features of the Services or develop new
Services
• Otherwise help protect the safety and integrity of the AgButler Platform and
AgButler users
• Personalize promotional messages or content on the AgButler Platform, via
email or other ads on AgButler or third party sites.
We may aggregate and/or de-identify information collected by the AgButler Platform, the
Services, or via other means so that the information is not intended to identify you. Our use
and disclosure of aggregated and/or de-identified information is not subject to any
restrictions under this Privacy Policy, and we may disclose it to others without limitation
for any purpose.
5. How We Share and Categories of Third Parties With Whom We Share Information
5.1. In addition to using the information collected by AgButler for the purposes described
above, we may also share your information with various third parties, as described below.
Please review our sharing policy closely. By using our AgButler Platform or our Services,
you agree to allow us to share the information you provide to us in the ways described
below. Your ability to make changes to what information is shared is described below.
5.2. With All AgButler Platform Visitors and Registered Users
5.2.1. If you are an Employer or a Laborer, in order to increase your chances of finding a
job or laborer, we share with AgButler Platform Visitors and Registered Users the
information that is included in your job posting or profile, aside from your contact
information, as well as the following registration information, which we may include
in your job posting or profile: your first name, first initial of your last name, city,
state, profile picture, and if you are a Laborer, your gender and, unless you opt-out,
your age. With certain exceptions, you choose how much detail you want to include
in either your job posting or your profile. We may also share on your profile or job
posting any company reviews you have posted on our AgButler Platform, whether
you have connected to AgButler through social media, and any connections you have
with other AgButler members, including the nature of those connections. If you are a
Laborer and have elected to verify certain information with AgButler or to have a
background check performed, we may also disclose that information in your profile
as a Registered User in addition to your response rate and any payment or payroll
preferences you have indicated.
5.2.2. We may display personal testimonials of Registered Users and other endorsements
on our AgButler Platform or in other marketing materials. These testimonials or
endorsements may include information such as the Registered User’s first name, first
initial of last name, town and state. With a Registered User’s consent, we may include
their full name.
5.2.3. In addition to the information that is provided to all Registered Users and AgButler
Platform Visitors, Laborer reviews and references are made available to certain
Registered Users. If you are a Laborer, your phone number may be visible to certain
Registered Users if you elect to share it in your profile. In addition, your approximate
residential location (through Google map plotting) is made available to certain
Registered Users and AgButler Platform Visitors unless you elect to keep that
information confidential.
5.2.4. If you are an Employer or a Laborer, you will appear in search result listings if you
match the search criteria used by a Laborer or Employer, as applicable. Similarly, you
may appear in emails sent to Laborers or Employers in your area. Employers may
opt-out of being included in Laborer search results and in certain emails sent to
Laborers. In addition, if you are an Employer and you view the profile of certain
Laborers, those Laborers may be able to see that you have viewed their profiles unless
you opt-out of that information sharing.
5.2.5. If you are a Registered User, your AgButler online status may be made available to
other Registered Users unless you elect to keep that information confidential.
5.2.6. If we terminate your registration for any reason, we reserve the right to send a notice
of your termination to other Registered Users with whom we believe you have
corresponded.
5.3. With vendors/service providers
5.3.1. We may also share information with vendors with whom we have a contractual
relationship and who perform services for AgButler including, without limitation,
vendors who provide email, demographic information, or geo-location information
services, vendors who perform background checks or Preliminary Membership
Screens, vendors who process or accept credit card payments, vendors who run
classified advertising businesses, vendors who send SMS messages to Registered
Users’ mobile phone numbers, vendors who provide services that enable us and other
third parties to detect and prevent fraud, in each case to the extent applicable. In
certain cases (such as for vendors who help facilitate our online communication
services or provide fraud detection and prevention services), the information we share
may include the contents of written and audio messages you send through our online
communication platforms.
5.3.2. We may implement Google’s Invisible reCAPTCHA technology on our site. Use
of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of
Use.
5.4. With listings in and through Google and other public search engines, social media sites
(e.g. Facebook, Google+), and on other third party websites
5.4.1. In an effort to further facilitate the ability of Employers or Laborers to find
Temporary Employment, selected information contained in Employer job postings
and Laborer profiles, which may include photo, first name, first initial of last name,
city, state, and job/provider description, may also be shared with third party search
engines, social media sites, and other third party websites or vendors who run
classified advertising and other businesses, and thus may be listed in third party web
site search results and on third party websites, which would make that information
available to the public and allow them to link to your AgButler posting. Registered
Users can opt-out of this sharing by adjusting their account settings. If you post
information in a AgButler online group forum, your content, including your name as
the contributor, may be displayed in third party search engine results and available to
the public.
5.5. As required by law or for reasons of safety: We may disclose your information when we
believe in good faith that such disclosure is appropriate in order to investigate, prevent, or
take action regarding possible illegal activities, suspected fraud, situations involving
potential threats to the health or physical safety of any person, violations of this Privacy
Policy, the Terms of Use, and/or to protect the rights and property of AgButler, our
employees, users, and the public. This may involve the sharing of your information with
law enforcement, government agencies, courts, and/or other organizations.
5.6. With our affiliates: You acknowledge and agree that we may disclose any of the
information we’ve collected about you to any of our affiliates or subsidiaries for the
purposes of providing you with the Services, operating the AgButler Platform, soliciting
you for potential employment opportunities with those affiliates or subsidiaries, and our
other commercial purposes, including those of our affiliates and subsidiaries.
5.7. With Your Consent: We also may share your information with a third party if you consent
to the sharing.
5.8. Business transactions: In the event we go through a business transition such as a merger,
acquisition by another company, or sale of all or a portion of our assets, your information
may be among the assets transferred. You acknowledge and consent that such transfers
may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that
acquirer’s affiliates may continue to process your information as set forth in this Privacy
Policy.
6. Your Choices Regarding the Sharing of your Personal Information
6.1. Your Communication Choices
6.1.1. By becoming a Registered User, you are consenting to receive certain email
communications from us, such as special offers, tips and advice, notifications of new
Employers or Laborers in your area, customer surveys and administrative notices.
6.1.2. You have a choice at any time to stop us from sending you emails for marketing
purposes by adjusting your settings in your account settings. You also have the option
to opt out of receiving certain other emails from AgButler, by adjusting your settings
in your account settings. Go to your account settings for a complete list of the email
types you may opt out of receiving. You can also opt out of commercial email
messages by following the “unsubscribe” link included in these messages. Please note
that despite any indicated email marketing preferences, we may continue to send you
administrative emails regarding AgButler, including, for example, notices of updates
to our Privacy Policy, notifications of new Employers or Laborers in your area,
responses to job postings from Laborers, and responses to job applications from
Laborers, if we choose to provide such notices to you in this manner.
6.1.3. You may also opt-out of receiving unsolicited marketing calls from us regarding
your AgButler account by adjusting your settings in your account settings.
6.1.4. If you have opted in to receive SMS messages from us but would now like to opt
out, you may do so by adjusting your settings in your account settings.
6.1.5. If you are an Employer, certain Laborers may initiate contact with you directly
using the messaging features of the AgButler AgButler Platform. You have an option
at any time to stop permitting Laborers from initiating contact with you by adjusting
your settings in your account settings.
6.2. Changing or Removing your Personal Information and Closing your Account
6.2.1. You can update certain of your information by logging into your account and
accessing your account settings. If you would like to remove some of the information
you have posted on the AgButler Platform, such as information you posted in profiles
and job postings, you may do so by editing or deleting that item in your profile. To
request removal of other information you have voluntarily posted on our AgButler
Platform, such as information you may have posted in online group forums, contact
AgButler representatives directly. In some cases, we may not be able to reasonably
accommodate your request to remove your information, in which case we will let you
know if we are unable to do so and why.
6.2.2. If you no longer wish to participate in our Services, you may close your account
directly through your account settings.
6.2.3. If you close your AgButler account, we will remove your name and other contact
and identifiable information from our publicly viewable database. If you close your
account, we have no obligation to retain your information, and may delete any or all
of your account information without liability. However, we may retain information
related to you if we believe it may be necessary to prevent fraud or future abuse, or
for legitimate business purposes, such as analysis of aggregated, de-identified
information, account recovery, auditing our records, enforcing our rights and
obligations under our agreements, or if required by law. AgButler may also retain and
use your information if necessary to provide the Services to other Registered Users.
For example, just as an email you may send to another person through an email service
provider resides in that person’s inbox even after you delete it from your sent files or
close your account, emails you send through AgButler to other Users, as well as your
contributions to AgButler groups, may remain visible to others after you have closed
your account. Similarly, other information you have shared with others, or that others
have copied, may also remain visible. AgButler disclaims any liability in relation to
the deletion or retention (subject to the terms herein) of information, or any obligation
not to delete the information. AgButler does not control when search engines update
their search index or cache, which may contain certain job posts, profiles or other
information that have since been removed from AgButler’s AgButler Platform.
7. Collection of Information from Children
AgButler’s AgButler Platform and Services are not intended for individuals under the age
of 18. Moreover, if we become aware that we have collected personal information (as
defined by the Children’s Online Privacy Protection Act) from children under the age of
18, we will take reasonable steps to delete it as soon as practicable.
8. How We Protect Information
8.1. We have implemented a variety of administrative, technical, and physical security
measures to protect against the unauthorized access, destruction, or alteration of your
information. These safeguards vary based on the sensitivity of information that we collect,
process, and store and the current state of technology.
8.2. Although we take appropriate measures to safeguard against unauthorized disclosures of
information, we cannot guarantee that information that we collect will never be disclosed
in a manner that is inconsistent with this Privacy Policy.
9. Links to Other Websites
9.1. The AgButler Platform and Services may contain links to third-party websites and
services. However, we are not responsible for the privacy practices employed by those
web sites or services, nor are we responsible for the information or content they contain.
This Privacy Policy applies solely to information collected by us through the AgButler
Platform and Services; thus when you use a link to go from the AgButler Platform or
Services to a third-party web site or service, this policy is no longer in effect and the
privacy policy of such third-party site or service will govern.
10. Changes to Our Privacy Policy
AgButler reserves the right to change this Privacy Policy and our Terms of Use at any time.
We will notify you about and provide you with choice about material changes to this Privacy
Policy or in our practices as required by applicable law. Material changes will go into effect
30 days after we notify. Non-material changes or clarifications will take effect immediately
upon posting of the updated policy on our AgButler Platform. You should periodically check
agbutlerapp.org for updates. for updates. Your use of the AgButler Platform or the Services
after such effective date will constitute acceptance by you of such changes.
Contact Us
If you have any questions on our Privacy Policy, you can contact us via email at
experience@agbutlerapp.org or via phone at 417-812-6080.
Terms of Service
AgButler, Inc.
AgButler Platform
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information
about your legal rights, remedies and obligations. By accessing or using the AgButler Platform,
you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and AgButler,
Inc. (“AgButler”) governing your access to and use of the AgButler website, including any
subdomains thereof, and any other websites through which AgButler makes its services available
(collectively, “Site”), our mobile, tablet and other smart device applications, and application
program interfaces (collectively, “Application”) and all associated services (collectively,
“AgButler Services”). The Site, Application and AgButler Services together are hereinafter
collectively referred to as the “AgButler Platform.”
Our collection and use of personal information in connection with your access to and use of the
AgButler Platform is described in our Privacy Policy.
Employers (as defined below) are solely responsible for identifying, understanding, and complying
with all laws, rules and regulations that apply to their Job Listings and Temporary Employment
(as defined below). Employers are solely responsible for identifying and obtaining any required
licenses, permits, or registrations for any Temporary Employment. Certain types of Temporary
Employment may be prohibited altogether. Penalties may include fines or other enforcement. If
you have questions about how local laws apply to a Job Listing on the AgButler Platform, you
should always seek legal guidance.
1. Scope of AgButler Services
1.1. The AgButler Platform is an online marketplace that enables registered users (“Laborers”)
and certain third parties who offer services (Laborers and third parties who offer services
are “Employer” and the services they offer is “Temporary Employment”) to publish such
Temporary Employment on the AgButler Platform (“Job Listings”) and to communicate
and transact directly with Laborers who are seeking to book such Temporary
Employment. Job Listings may include, but are not limited to, Temporary Employment
planting, cultivating and harvesting crops; maintaining and caring for livestock, and
transportation of agriculture products.
1.2. As the provider of the AgButler Platform, AgButler does not own, create, sell, resell,
provide, control, manage, offer, deliver, or supply any Job Listings. Employers alone are
responsible for their Job Listings and Temporary Employment. When a Laborer makes or
accepts a booking, they are entering into a contract directly with an Employer. AgButler is
not and does not become a party to or other participant in any contractual relationship
between Laborers and Employers.
1.3. While we may help facilitate the resolution of disputes, AgButler has no control over and
does not guarantee (i) the existence, quality, safety, suitability, or legality of any Job
Listings or Temporary Employment, (ii) the truth or accuracy of any Job Listing
descriptions, Ratings, Reviews, or other Laborer Content (as defined below), or (iii) the
performance or conduct of any Laborer or third party. You should always exercise due
diligence and care when deciding whether to accept a Job Listing, participate in Temporary
Employment, accept a booking request from a Laborer, or communicate and interact with
other Laborers, whether online or in person.
1.4. If you choose to use the AgButler Platform as an Employer, your relationship with
AgButler is limited to being an independent, third-party contractor, and not an employee,
agent, joint venturer or partner of AgButler for any reason, and you act exclusively on your
own behalf and for your own benefit, and not on behalf, or for the benefit, of AgButler.
AgButler does not, and shall not be deemed to, direct or control you generally or in your
performance under these Terms specifically. You acknowledge and agree that you have
complete discretion whether to list Temporary Employment or otherwise engage in other
business or employment activities.
1.5. To promote the AgButler Platform and to increase the exposure of Job Listings to potential
Laborers, Job Listings and other Laborer Content may be displayed on other websites, in
applications, within emails, and in online and offline advertisements. To assist Laborers
who speak different languages, Job Listings and other Laborer Content may be translated,
in whole or in part, into other languages. AgButler cannot guarantee the accuracy or quality
of such translations and Laborers are responsible for reviewing and verifying the accuracy
of such translations. The AgButler Platform may contain translations powered by Google.
Google disclaims all warranties related to the translations, express or implied, including
any warranties of accuracy, reliability, and any implied warranties for merchantability,
fitness for a particular purpose and non-infringement.
1.6. Due to the nature of the Internet, AgButler cannot guarantee the continuous and
uninterrupted availability and accessibility of the AgButler Platform. AgButler may restrict
the availability of the AgButler Platform or certain areas or features thereof, if this is
necessary in view of capacity limits, the security or integrity of our servers, or to carry out
maintenance measures that ensure the proper or improved functioning of the AgButler
Platform. AgButler may improve, enhance and modify the AgButler Platform and
introduce new AgButler Services from time to time.
2. Eligibility, Using the AgButler Platform, Laborer Verification
2.1. In order to access and use the AgButler Platform or register an AgButler Account you
must be an individual at least 18 years old or a duly organized, validly existing business,
organization or other legal entity in good standing under the laws of the country you are
established and able to enter into legally binding contracts.
2.2. AgButler may make access to and use of the AgButler Platform, or certain areas or features
of the AgButler Platform, subject to certain conditions or requirements, such as
completing a verification process, meeting specific quality or eligibility criteria, meeting
Ratings or Reviews thresholds, or a Laborer’s booking and cancellation history.
2.3. User verification on the Internet is difficult and we do not assume any responsibility for
the confirmation of any Laborer’s identity. Notwithstanding the above, for transparency
and fraud prevention purposes, and as permitted by applicable laws, we may, but have no
obligation to (i) ask Laborers to provide a form of government identification or other
information or undertake additional checks designed to help verify the identities or
backgrounds of Laborers, (ii) screen Laborers against third party databases or other
sources and request reports from service providers, and (iii) where we have sufficient
information to identify a Laborer, obtain reports from public records of criminal
convictions or sex offender registrations or an equivalent version of background or
registered sex offender checks in your local jurisdiction (if available).
2.4. The access to or use of certain areas and features of the AgButler Platform may be subject
to separate policies, standards or guidelines, or may require that you accept additional
terms and conditions, before you can access the relevant areas or features of the AgButler
Platform. If there is a conflict between these Terms and terms and conditions applicable
to a specific area or feature of the AgButler Platform, the latter terms and conditions will
take precedence with respect to your access to or use of that area or feature, unless
specified otherwise in the latter terms and conditions.
2.5. If you access or download the Application from the Apple App Store, Google Pay Store
or web version, you agree to all relevant license agreements and contracts through such
entity. Some areas of the AgButler Platform implement Google Maps/Earth mapping
services, including Google Maps API(s). Your use of Google Maps/Earth is subject to
the Google Maps/Google Earth Additional Terms of Service
3. Modification of these Terms
AgButler reserves the right to modify these Terms at any time in accordance with this
provision. If we make changes to these Terms, we will post the revised Terms on the
AgButler Platform and update the “Last Updated” date at the top of these Terms. We will
also provide you with notice of the modifications by email at least thirty (30) days before
the date they become effective. If you disagree with the revised Terms, you may terminate
this Agreement with immediate effect. We will inform you about your right to terminate
the Agreement in the notification email. If you do not terminate your Agreement before the
date the revised Terms become effective, your continued access to or use of the AgButler
Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1. You must register an account (“AgButler Account”) to access and use certain features of
the AgButler Platform, such as publishing or booking a Job Listing. If you are registering
an AgButler Account for a business, organization or other legal entity, you represent and
warrant that you have the authority to legally bind that entity and grant us all permissions
and licenses provided in these Terms.
4.2. You must provide accurate, current and complete information during the registration
process and keep your AgButler Account and public AgButler Account profile page
information up-to-date at all times.
4.3. You may not register more than one (1) AgButler Account unless AgButler authorizes you
to do so. You may not assign or otherwise transfer your AgButler Account to another
party.
4.4. You are responsible for maintaining the confidentiality and security of your AgButler
Account credentials and may not disclose your credentials to any third party. You must
immediately notify AgButler if you know or have any reason to suspect that your
credentials have been lost, stolen, misappropriated, or otherwise compromised or in case
of any actual or suspected unauthorized use of your AgButler Account. You are liable for
any and all activities conducted through your AgButler Account, unless such activities are
not authorized by you and you are not otherwise negligent (such as failing to report the
unauthorized use or loss of your credentials).
5. Content
5.1. AgButler may, at its sole discretion, enable Laborer to (i) create, upload, post, send,
receive and store content, such as text, photos, audio, video, or other materials and
information on or through the AgButler Platform (“Laborer Content”); and (ii) access
and view Laborer Content and any content that AgButler itself makes available on or
through the AgButler Platform, including proprietary AgButler content and any content
licensed or authorized for use by or through AgButler from a third party (“AgButler
Content” and together with Laborer Content, “Content”).
5.2. The AgButler Platform, AgButler Content, and Laborer Content may in its entirety or in
part be protected by copyright, trademark, and/or other laws of the United States and other
countries. You acknowledge and agree that the AgButler Platform and AgButler Content,
including all associated intellectual property rights, are the exclusive property of AgButler
and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the AgButler Platform, AgButler Content or Laborer Content. All
trademarks, service marks, logos, trade names, and any other source identifiers of
AgButler used on or in connection with the AgButler Platform and AgButler Content are
trademarks or registered trademarks of AgButler in the United States and abroad.
Trademarks, service marks, logos, trade names and any other proprietary designations of
third parties used on or in connection with the AgButler Platform, AgButler Content,
and/or Content are used for identification purposes only and may be the property of their
respective owners.
5.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the
AgButler Platform or Content, except to the extent you are the legal owner of certain
Laborer Content or 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 AgButler or its licensors, except for the licenses and rights expressly granted
in these Terms.
5.4. Subject to your compliance with these Terms, AgButler grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to (i) download and use
the Application on your personal device(s); and (ii) access and view any Content made
available on or through the AgButler Platform and accessible to you, solely for your
personal and non-commercial use.
5.5. By creating, uploading, posting, sending, receiving, storing, or otherwise making available
any Laborer Content on or through the AgButler Platform, you grant to AgButler a nonexclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the
protection), sub-licensable and transferable license to such Laborer Content to access, use,
store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream,
broadcast, and otherwise exploit in any manner such Laborer Content to provide and/or
promote the AgButler Platform, in any media or platform. Insofar as Laborer Content
(including Verified Images) includes personal information, such Laborer Content will
only be used for these purposes if such use complies with applicable data protection laws
in accordance with our Privacy Policy. Unless you provide specific consent, AgButler
does not claim any ownership rights in any Laborer Content and nothing in these Terms
will be deemed to restrict any rights that you may have to use or exploit your Laborer
Content.
5.6. You are solely responsible for all Laborer Content that you make available on or through
the AgButler Platform. Accordingly, you represent and warrant that: (i) you either are the
sole and exclusive owner of all Laborer Content that you make available on or through the
AgButler Platform or you have all rights, licenses, consents and releases that are necessary
to grant to AgButler the rights in and to such Laborer Content, as contemplated under
these Terms; and (ii) neither the Laborer Content nor your posting, uploading, publication,
submission or transmittal of the Laborer Content or AgButler’s use of the Laborer Content
(or any portion thereof) as contemplated under these Terms 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.
5.7. You will not post, upload, publish, submit or transmit any Laborer Content that: (i) is
fraudulent, false, misleading (directly or by omission or failure to update information) or
deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii)
promotes discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (iv) is violent or threatening or promotes violence or actions that are
threatening to any other person or animal; (v) promotes illegal or harmful activities or
substances; or (vi) violates any AgButler policy. AgButler may, without prior notice,
remove or disable access to any Laborer Content that AgButler finds to be in violation of
applicable law, these Terms or AgButler’s then-current Policies, or otherwise may be
harmful or objectionable to AgButler, its Laborers, third parties, or property.
6. Service Fees
6.1. You are responsible for paying any Service Fees that you owe to AgButler. The applicable
Service Fees (including any applicable Taxes) are collected by AgButler.
7. Terms specific for Employers
7.1. When creating a Job Listing through the AgButler Platform you must (i) provide complete
and accurate information about your Employer Service (such as Job Listing description,
location, and calendar availability), (ii) disclose any deficiencies, restrictions and
requirements that apply (such as any minimum age, proficiency or fitness requirements,
license requirements, etc.) and (iii) provide any other pertinent information requested by
AgButler. You are responsible for keeping your Job Listing information up-to-date at all
times.
7.2. You are solely responsible for setting a price for your Job Listing (“Job Listing Fee”).
Once a Laborer requests a booking of your Job Listing, you may not lower the Job Listing
Fee. Employer agrees to promptly pay to the Laborer the full agreed-upon Job Listing Fee
upon completion of the work set forth in the Job Listing. Such payment shall be made
within twenty-four (24) following completion of the job unless otherwise agreed to in
writing by Employer and Laborer.
7.3. Any terms and conditions included in your Job Listing, in particular in relation to
cancellations, must not conflict with these Terms or the relevant cancellation policy for
your Job Listing.
7.4. When you accept a job listing request by a Laborer, you are entering into a legally binding
agreement with the Laborer and are required to provide your Employer Service(s) to the
Laborer as described in your Job Listing when the job listing request is made. You also
agree to pay any applicable Employer Fee and any applicable Taxes.
7.5. AgButler recommends that Employers obtain appropriate insurance for their Employer
Services. Please review any respective insurance policy carefully, and in particular make
sure that you are familiar with and understand any exclusions to, and any deductibles that
may apply for, such insurance policy, including, but not limited to, whether or not your
insurance policy will cover the actions or inactions of Laborers (and the individuals the
Laborer has booked for, if applicable) while providing labor in relation to livestock, crops,
operating machinery, operating a vehicle requiring a CDL, etc.
7.6. You are solely responsible for full compliance with any and all rules and regulations
created under the Occupational Safety and Health Act (OSHA) regarding protective
workplace safety and health standards. AgButler expressly disclaims any liability
stemming from an Employer’s violations and non-compliance of OSHA standards,
rules and regulations.
7.7. You are solely responsible for full compliance with any and all rules and regulations
created under the Immigration and Nationality Act (INA), Immigration Reform and
Control Act (IRCA) regarding employment verification (H-2A, I-9, E-Verify, etc.) for
nonimmigrant agricultural laborers performing agricultural labor or services. AgButler
expressly disclaims any liability stemming from an Employer’s violations and noncompliance of United States Department of Labor and any state’s Department of
Labor standards, rules and regulations.
7.8. You are solely responsible for full compliance with any and all rules and regulations
created under Department of Transportation and any other federal or state act or regulation
regarding licensing and training requirements for operation of agricultural equipment for
the purposes of hauling agriculture commodities and livestock. AgButler expressly
disclaims any liability stemming from an Employer’s violations and non-compliance
of United States Department of Transportation and any state’s Department of
Transportation standards, rules and regulations.
7.9. You are solely responsible for full compliance with any and all federal and state rules and
regulations created regarding pesticide and fertilizer application. You are solely
responsible for ensuring Laborer is fully tested, certified and compliant to apply pesticides
in each state the Laborer is working. AgButler expressly disclaims any liability
stemming from an Employer’s violations and non-compliance of federal and state
standards, rules and regulations.
7.10. You are solely responsible for full compliance with any and all rules and regulations
created under the federal Animal Welfare Act (AWA), guidelines and standards from the
Animal and Plant Health Inspection Service (APHIS) and state laws regarding the
treatment of animals used in livestock production and transport. AgButler expressly
disclaims any liability stemming from an Employer’s violations and non-compliance
of United States Department of Agriculture and any state’s Department of
Agriculture standards, rules and regulations.
7.11. You are solely responsible for full compliance with any and all rules and regulations
created under any federal or state governmental agency regarding all licensing,
certification, training, auditing, or other compliance protocol. AgButler expressly
disclaims any liability stemming from an Employer’s violations and non-compliance
of federal or state standards, rules and regulations.
7.12. You represent and warrant that any Job Listing you post and the booking of a job
opportunity will (i) not breach any agreements you have entered into with any third parties
and (ii) comply with all applicable laws (such as employment laws), Tax requirements,
and other rules and regulations (including having all required permits, licenses and
registrations). As an Employer, you are responsible for your own acts and omissions and
are also responsible for the acts and omissions of any individuals who work for you at
your request, excluding the Laborer.
8. Terms specific for Laborers
8.1. Subject to meeting any requirements (such as completing any verification processes) set
by AgButler and/or the Employer, you can book a Job Listing available on the AgButler
Platform by following the respective booking process.
8.2. Upon receipt of a booking confirmation from AgButler, a legally binding agreement is
formed between you and your Employer, subject to any additional terms and conditions
of the Employer that apply, including in particular the applicable cancellation policy and
any rules and restrictions specified in the Job Listing. Employer will make full payment
to the Laborer following successful completion of the job. Such payment shall be made
within twenty-four (24) following completion of the job unless otherwise agreed to in
writing by Employer and Laborer.
8.3. You should carefully review the description of any Job Listing you intend to accept to
ensure you meet any minimum age, proficiency, fitness, licensing or other requirements
which the Employer has specified in their Job Listing. At your sole discretion you may
want to inform the Employer of any medical or physical conditions, or other circumstances
that may impact your and any additional Laborer’s ability to participate in any job. In
addition, certain laws, like the licensing requirements and citizenship requirements, may
also apply. You are responsible for identifying, understanding, and complying with all
laws, rules and regulations that apply to your participation in an employment opportunity.
8.4. Before and during a job, you must at all times adhere to the Employers’ instructions.
8.5. You may not bring any additional individuals to a job without express permission from
the Employer.
9. Modifications, Cancellations and Refunds
9.1. Employers and Laborers are responsible for any modifications to a booking that they make
via the AgButler Platform (“Booking Modifications”).
9.2. Employer can cancel a confirmed booking at any time pursuant to the Job Listing’s
cancellation policy set by the Employer and/or AgButler. Upon such cancellation,
Employer shall only be required to pay Laborer for work done prior to such cancellation.
9.3. If a Laborer cancels a confirmed booking, the Employer will receive a full refund of the
fees paid by the Employer to AgButler for such booking.
9.4. If weather poses a safety risk to Laborers, or if it prevents a Laborer from carrying out a
job that takes place primarily outdoors, Employers may cancel the job. Employers may
also cancel the job if other conditions exist that would prevent the Employer from offering
the job safely. Upon such cancellation, Employer shall pay Laborer for all work
completed prior to such cancellation.
9.5. In certain circumstances, AgButler may decide, in its sole discretion, that it is necessary
to cancel a pending or confirmed booking and initiate corresponding refunds and payouts.
This may be for extenuating circumstances as determined by AgButler or (i) where
AgButler believes in good faith, while taking the legitimate interests of both parties into
account, this is necessary to avoid significant harm to AgButler, other Parties, third parties
or property, or (ii) for any of the reasons set out in these Terms.
10. Damage to Employer’s Property, Disputes between Parties
10.1. As a Laborer, you are responsible for leaving the job (including any personal or other
property located at the job) in the condition it was in when you arrived. You are
responsible for your own acts and omissions.
10.2. If an Employer claims and provides evidence that you as a Laborer have damaged an
any personal or other property at a Job (“Damage Claim”), the Employer can seek payment
from you through AgButler and/or directly from Laborer. If an Employer escalates a
Damage Claim to AgButler, you will be given an opportunity to respond. If you agree to
pay the Employer, or AgButler determines in its sole discretion that you are responsible
for the Damage Claim, AgButler will, after the end of the job, collect any such sums from
you required to cover the Damage Claim. AgButler also reserves the right to otherwise
collect payment from you and pursue any remedies available to AgButler in this regard in
situations in which you are responsible for a Damage Claim.
10.3. Parties agree to cooperate with and assist AgButler in good faith, and to provide AgButler
with such information and take such actions as may be reasonably requested by AgButler,
in connection with any Damage Claims or other complaints or claims made by Parties. A
Party shall, upon AgButler’s reasonable request and at no cost to the Party, participate in
mediation or a similar resolution process with another Party, which process will be
conducted by AgButler or a third party selected by AgButler or its insurer, with respect to
losses for which a Party is requesting payment from AgButler.
10.4. If you are a Laborer, you understand and agree that AgButler may make a claim under
your insurance policy related to any damage or loss that you may have caused, or been
responsible for, to any personal or other property of the Employer. You agree to cooperate
with and assist AgButler in good faith, and to provide AgButler with such information as
may be reasonably requested by AgButler.
11. Taxes
11.1. As an Employer you are solely responsible for determining your obligations to report,
any applicable employment or income taxes (“Taxes”).
11.2. Tax regulations may require us to collect appropriate Tax information from Employers,
or to withhold Taxes from payouts to Employers, or both. If an Employer fails to provide
us with the required documentation under applicable law (e.g., a tax number) that we
determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from
payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as
required by law, until resolution.
12. Prohibited Activities
12.1. You are solely responsible for compliance with any and all laws, rules, regulations, and
Tax obligations that may apply to your use of the AgButler Platform. In connection with
your use of the AgButler Platform, you will not and will not assist or enable others to:
• Breach or circumvent any applicable laws or regulations, agreements with thirdparties, third-party rights, or our Terms, Policies or Standards
• Use the AgButler Platform or Content for any commercial or other purposes that
are not expressly permitted by these Terms or in a manner that falsely implies
AgButler endorsement, partnership or otherwise misleads others as to your
affiliation with AgButler
• Copy, store or otherwise access or use any information, including personally
identifiable information about any other Party, contained on the AgButler Platform
in any way that is inconsistent with AgButler’s Privacy Policy or these Terms or
that otherwise violates the privacy rights of Parties or third parties
• Use the AgButler Platform in connection with the distribution of unsolicited
commercial messages (“spam”)
• Contact another Party for any purpose other than asking a question related to your
own Job Listing, without our prior written approval
• Use the AgButler Platform to request, make or accept a job listing independent of
the AgButler Platform, to circumvent any Service Fees or for any other reason
• Discriminate against or harass anyone on the basis of race, national origin, religion,
gender, gender identity, physical or mental disability, medical condition, marital
status, age or sexual orientation, or otherwise engage in any violent, harmful,
abusive or disruptive behavior.
• Use, display, mirror or frame the AgButler Platform or Content, or any individual
element within the AgButler Platform, AgButler’s name, any AgButler trademark,
logo or other proprietary information, or the layout and design of any page or form
contained on a page in the AgButler Platform, without AgButler’s express written
consent
• Dilute, tarnish or otherwise harm the AgButler brand in any way, including through
unauthorized use of Content, registering and/or using AgButler or derivative terms
in domain names, trade names, trademarks or other source identifiers, or registering
and/or using domains names, trade names, trademarks or other source identifiers
that closely imitate or are confusingly similar to AgButler domains, trademarks,
taglines, promotional campaigns or Content
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to
circumvent any technological measure implemented by AgButler or any of
AgButler’s providers or any other third party to protect the AgButler Platform
• Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the AgButler Platform
• Take any action that damages or adversely affects, or could damage or adversely
affect the performance or proper functioning of the AgButler Platform
• Violate or infringe anyone else’s rights or otherwise cause harm to anyone
12.2. You acknowledge that AgButler has no obligation to monitor the access to or use of the
AgButler Platform by any Party or to review, disable access to, or edit any Party Content,
but has the right to do so to (i) operate, secure and improve the AgButler Platform
(including without limitation for fraud prevention, risk assessment, investigation and
customer support purposes); (ii) ensure Party compliance with these Terms; (iii) comply
with applicable law or the order or requirement of a court, law enforcement or other
administrative agency or governmental body; (iv) respond to Party Content that it
determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Parties
agree to cooperate with and assist AgButler in good faith, and to provide AgButler with
such information and take such actions as may be reasonably requested by AgButler with
respect to any investigation undertaken by AgButler or a representative of AgButler
regarding the use or abuse of the AgButler Platform.
12.3. If you feel that any Party you interact with, whether online or in person, is acting or has
acted inappropriately, including but not limited to anyone who (i) engages in offensive,
violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii)
engages in any other disturbing conduct, you should immediately report such person to
the appropriate authorities and then to AgButler by contacting us with your police station
and report number (if available). You agree that any report you make will not obligate us
to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1. This Agreement shall be effective for a 30-day term, at the end of which it will
automatically and continuously renew for subsequent 30-day terms until such time when
you or AgButler terminate the Agreement in accordance with this provision.
13.2. You may terminate this Agreement at any time by sending us an email. If you cancel
your AgButler Account as an Employer, any confirmed booking(s) will be automatically
cancelled. If you cancel your AgButler Account as a Laborer, any confirmed booking(s)
will be automatically cancelled.
13.3. Without limiting our rights specified below, AgButler may terminate this Agreement for
convenience at any time by giving you thirty (30) days’ notice via email to your registered
email address.
13.4. AgButler may immediately, without notice, terminate this Agreement and/or stop
providing access to the AgButler Platform if (i) you have materially breached your
obligations under these Terms, the Privacy Policy, or our policies, (ii) you have violated
applicable laws, regulations or third party rights, or (iii) AgButler believes in good faith
that such action is reasonably necessary to protect the personal safety or property of
AgButler, its Parties, or third parties (for example in the case of fraudulent behavior of a
Party).
13.5. In addition, AgButler may take any of the following measures (i) to comply with
applicable law, or the order or request of a court, law enforcement or other administrative
agency or governmental body, or if (ii) you have breached these Terms, our policies,
applicable laws, regulations, or third party rights, (iii) you have provided inaccurate,
fraudulent, outdated or incomplete information during the AgButler Account registration,
Job Listing process or thereafter, (iv) you and/or your Job Listings at any time fail to meet
any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings
or Reviews or AgButler otherwise becomes aware of or has received complaints about
your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or
failed to respond to booking requests without a valid reason, or (vii) AgButler believes in
good faith that such action is reasonably necessary to protect the personal safety or
property of AgButler, its Parties, or third parties, or to prevent fraud or other illegal
activity:
• Refuse to surface, delete or delay any Job Listings, Ratings, Reviews, or other Party
Content;
• Cancel any pending or confirmed bookings;
• Limit your access to or use of the AgButler Platform;
• Temporarily or in case of severe or repeated offenses permanently suspend your
AgButler Account and stop providing access to the AgButler Platform.
In case of non-material breaches and where appropriate, you will be given notice of
any intended measure by AgButler and an opportunity to resolve the issue to AgButler’s
reasonable satisfaction.
13.6. If we take any of the measures described above (i) we may refund your Employer in full
for any and all confirmed bookings that have been cancelled, irrespective of preexisting
cancellation policies, and (ii) you will not be entitled to any compensation for pending or
confirmed bookings that were cancelled.
13.7. When this Agreement has been terminated, you are not entitled to a restoration of your
AgButler Account or any of your Party Content. If your access to or use of the AgButler
Platform has been limited or your AgButler Account has been suspended or this
Agreement has been terminated by us, you may not register a new AgButler Account or
access and use the AgButler Platform through an AgButler Account of another Party.
14. Disclaimers
If you choose to use the AgButler Platform, you do so voluntarily and at your sole risk.
The AgButler Platform and Content is provided “as is”, without warranty of any kind,
either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate
the AgButler Services, laws, rules, or regulations that may be applicable to your Job
Listings you are receiving and that you are not relying upon any statement of law or
fact made by AgButler relating to a Job Listing.
If we choose to conduct identity verification or background checks on any Party, to
the extent permitted by applicable law, we disclaim warranties of any kind, either
express or implied, that such checks will identify prior misconduct by a Party or
guarantee that a Party will not engage in misconduct in the future.
You agree that some Job Listings may carry inherent risk, and by participating in such
jobs, you choose to assume those risks voluntarily. For example, Job Listings may
carry risk of illness, bodily injury, disability, or death, and you freely and willfully
assume those risks by choosing to participate in those Job Listings. You assume full
responsibility for the choices you make before, during and after your participation in
a Job Listing. To the maximum extent permitted by law, you agree to release and hold
harmless AgButler from all liabilities and claims that arise in any way from any injury,
death, loss or harm that occurs to that minor during the Employer Service or in any
way related to your Employer Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may
have other statutory rights. However, the duration of statutorily required warranties,
if any, shall be limited to the maximum extent permitted by law.
15. 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 AgButler Platform and Content, your
publishing or booking of any Job Listing via the AgButler Platform, your
participation in any Job Listing, or any other interaction you have with other Parties
whether in person or online remains with you.
Neither AgButler nor any other party involved in creating, producing, or delivering
the AgButler Platform or Content 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 (i) these Terms, (ii) from the use of or
inability to use the AgButler Platform or Content, (iii) from any communications,
interactions or meetings with other Parties or other persons with whom you
communicate, interact or meet with as a result of your use of the AgButler Platform,
or (iv) from your publishing or booking of a Job Listing, including the provision or
use of a Job Listing’s Employer Services, whether based on warranty, contract, tort
(including negligence), product liability or any other legal theory, and whether or not
AgButler 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 Employers pursuant to these
Terms, in no event will AgButler’s aggregate liability arising out of or in connection
with these Terms and your use of the AgButler Platform including, but not limited to,
from your publishing or booking of any Job Listings via the AgButler Platform, or
from the use of or inability to use the AgButler Platform or Content and in connection
with any Job Listing, or interactions with any other Parties, exceed the amounts you
have paid or owe for bookings via the AgButler Platform as an Employer in the twelve
(12) month period prior to the event giving rise to the liability, or if you are an
Employer, the amounts paid by AgButler to you in the twelve (12) month period prior
to the event giving rise to the liability, or One Hundred Dollars ($100.00), 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 AgButler 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.
16. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at
AgButler’s option), indemnify, and hold AgButler and its affiliates and subsidiaries,
including but not limited to, AgButler, and its 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 (i) your breach of these Terms or our Policies or Standards, (ii) your
improper use of the AgButler Platform or any AgButler Services, (iii) your interaction with
any Party at the Job including without limitation any injuries, losses or damages (whether
compensatory, direct, incidental, consequential or otherwise) of any kind arising in
connection with or as a result of such interaction, stay, participation or use, or (iv) your
breach of any laws, regulations or third party rights.
17. Dispute Resolution and Arbitration Agreement
17.1. This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of
residence or establishment is in the United States; or (ii) your country of residence or
establishment is not in the United States, but bring any claim against AgButler in the
United States (to the extent not in conflict with Section 20).
17.2. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration,
you and AgButler each agree to notify the other party of the dispute and attempt to
negotiate an informal resolution to it first. We will contact you at the email address you
have provided to us; you can contact AgButler’s customer service team by emailing us. If
after a good faith effort to negotiate one of us feels the dispute has not and cannot be
resolved informally, the party intending to pursue arbitration agrees to notify the other
party via email prior to initiating the arbitration. In order to initiate arbitration, a claim
must be filed with the American Arbitration Association (“AAA”) and the written Demand
for Arbitration (available at http://www.adr.org) provided to the other party, as specified in the
AAA Rules.
17.3. Agreement to Arbitrate. You and AgButler mutually agree that any dispute, claim or
controversy arising out of or relating to these Terms or the applicability, breach,
termination, validity, enforcement or interpretation thereof, or to the use of the AgButler
Platform, the Employer Services, the Group Payment Service, Stripe or the Content
(collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration
Agreement”). If there is a dispute about whether this Arbitration Agreement can be
enforced or applies to our Dispute, you and AgButler agree that the arbitrator will decide
that issue.
17.4. Exceptions to Arbitration Agreement. You and AgButler each agree that the following
claims are exceptions to the Arbitration Agreement and will be brought in a judicial
proceeding in a court of competent jurisdiction: (i) Any claim related to actual or
threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim
seeking emergency injunctive relief based on exigent circumstances (e.g., imminent
danger or commission of a crime, hacking, cyber-attack).
17.5. Arbitration Rules and Governing Law. This Arbitration Agreement evidences a
transaction in interstate commerce and thus the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The arbitration will be administered by
AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration
rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except
as modified here.
17.6. Modification to AAA Rules – Arbitration Hearing/Location. You and AgButler agree that
any required arbitration hearing may be conducted, at your option, (a) in Cooper County,
Missouri; (b) in any other location to which you and AgButler both agree; (c) via phone
or video conference; or (d) for any claim or counterclaim under $25,000, by solely the
submission of documents to the arbitrator.
17.7. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and
conclusions upon which the arbitrator based the award. Judgment on the arbitration award
may be entered in any court with proper jurisdiction. The arbitrator may award declaratory
or injunctive relief only on an individual basis and only to the extent necessary to provide
relief warranted by the claimant’s individual claim.
17.8. Jury Trial Waiver. You and AgButler acknowledge and agree that we are each waiving
the right to a trial by jury as to all arbitrable Disputes.
17.9. No Class Actions or Representative Proceedings. You and AgButler acknowledge and
agree that, to the fullest extent permitted by law, we are each waiving the right to
participate as a plaintiff or class Party in any purported class action lawsuit, class-wide
arbitration, private attorney general action, or any other representative proceeding as to all
Disputes. Further, unless you and AgButler both otherwise agree in writing, the arbitrator
may not consolidate more than one party’s claims and may not otherwise preside over any
form of any class or representative proceeding. If the “class action lawsuit” waiver or the
“class-wide arbitration” waiver in this Section is held unenforceable with respect to any
Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect
to such Dispute and the Dispute must proceed in court. If the “private attorney general
action” waiver or the “representative proceeding” waiver in this Section is held
unenforceable with respect to any Dispute, those waivers may be severed from this
Arbitration Agreement and you and AgButler agree that any private attorney general
claims and representative claims in the Dispute will be severed and stayed, pending the
resolution of any arbitrable claims in the Dispute in individual arbitration.
17.10. Severability. Except as provided in the preceding Section, in the event that any portion
of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be
severed and the remainder of the Arbitration Agreement shall be given full force and
effect.
17.11.Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”),
if AgButler changes this Section (“Dispute Resolution and Arbitration Agreement”) after
the date you last accepted these Terms (or accepted any subsequent changes to these
Terms), you may reject any such change by sending us written notice (including by email)
within thirty (30) days of the date such change became effective, as indicated in the “Last
Updated” date above or in the date of AgButler’s email to you notifying you of such
change. Rejecting a new change, however, does not revoke or alter your prior consent to
any earlier agreements to arbitrate any Dispute between you and AgButler (or your prior
consent to any subsequent changes thereto), which will remain in effect and enforceable
as to any Dispute between you and AgButler.
17.12. Survival. The terms of this Section will survive any termination of these Terms and will
continue to apply even if you stop using the AgButler Platform or terminate your AgButler
Account.
18. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the AgButler Platform (“Feedback”). You may submit Feedback by
emailing us. Any Feedback you submit to us will be considered non-confidential and nonproprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas
and materials for any purpose, without compensation to you.
19. Applicable Law and Jurisdiction
If your country of residence or establishment is the United States, these Terms will be
interpreted in accordance with the laws of the State of Missouri and the United States of
America, without regard to conflict-of-law provisions. Judicial proceedings (other than
small claims actions) that are excluded from the Arbitration Agreement in Section 17 must
be brought in state or federal court in Cooper County, Missouri, unless we both agree to
some other location. You and we both consent to venue and personal jurisdiction in Cooper
County, Missouri.
20. General Provisions
20.1. Except as they may be supplemented by additional terms and conditions, policies,
guidelines or standards, these Terms constitute the entire Agreement between
AgButler and you pertaining to the subject matter hereof, and supersede any and all
prior oral or written understandings or agreements between AgButler and you in
relation to the access to and use of the AgButler Platform.
20.2. No joint venture, partnership, employment, or agency relationship exists between you
and AgButler as a result of this Agreement or your use of the AgButler Platform.
20.3. These Terms do not and are not intended to confer any rights or remedies upon any
person other than the parties.
20.4. If any provision of these Terms is held to be invalid or unenforceable, such provision
will be struck and will not affect the validity and enforceability of the remaining
provisions.
20.5. AgButler’s failure to enforce any right or provision in these Terms will not constitute
a waiver of such right or provision unless acknowledged and agreed to by us in writing.
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 permitted under law.
20.6. You may not assign, transfer or delegate this Agreement and your rights and
obligations hereunder without AgButler’s prior written consent. AgButler may without
restriction assign, transfer or delegate this Agreement and any rights and obligations
hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this
Agreement at any time remains unaffected.
20.7. Unless specified otherwise, any notices or other communications to Parties permitted
or required under this Agreement, will be provided electronically and given by
AgButler via email, AgButler Platform notification, or messaging service (including
SMS and WeChat).
20.8. If you have any questions about these Terms, can contact us via email at
experience@agbutlerapp.org or via phone at 417-812-6080