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This Crawdata Services Agreement (the “Agreement”) is made and entered into as of the day in which the Client chooses the “I Agree” option, or begins using the software, (the “Effective Date”) on www.crawdata.com, between Oak & Tower Enterprises, a Louisiana Limited Liability Company (the “Company”), and the “Client”.
1.1 Company shall provide client with access to the Crawdata Web Site. The purpose of the Crawdata Web Site is to provide the Client with a means of recording and viewing Client specific data which may assist the Client in improving the production of the Client’s crawfish crop.
1.2 The Crawdata Web Site will provide Client with access to Client specific data. The type of Client specific data to be provided on the Crawdata Web Site will be mutually agreed upon by the Client and Company so as to provide optimal information to Client. Client specific data shall include: yield, revenue and various types of location-specific weather information.
Client must provide client specific data to Company for input onto the Crawdata Web Site. Other than the initial input of historic data, Client will input data manually on www.crawdata.com. All historical data that is to be put into the Crawdata database will be done so within one month of the data being received.
1.3 Company principals will be available to Client in person or by phone or e-mail to discuss all matters related to the Crawdata Web Site and the Client’s particular needs.
2.1 All Client specific data to be used on the Crawdata Web Site must originate with the Client. Client agrees to provide specific and accurate data.
2.2 For the services provided by Company as set forth in this Agreement, Client shall pay Company a yearly fee based upon the size of their operation (as previously agreed upon) payable in full upon execution of this Agreement.
2.3 Client agrees to allow Company to list Client, by name only, as a customer of Company.
The term of this Agreement shall be one year, commencing on October 1st, 2010 and terminating on September 30th, 2011. Client’s initial data will be inputted onto the Crawadata Web Site within one month of the data being provided to Crawdata. Upon termination, Client’s access to the Crawdata Web Site will be terminated.
Company may terminate this Agreement without notice if the data provided by Client for input onto the Crawdata Web Site is believed by Company to be false or misleading. Company may also terminate this Agreement without notice if Company believes or has any evidence that Client has breached, or has attempted to breach, the security of the Crawdata Web Site, regardless of the intent of such a breach.
5.1 This Agreement and the services, obligations and benefits hereunder may not be assigned by Client.
5.2 This Agreement constitutes the entire agreement between Company and Client and it supersedes all previous oral or written communications, representations, or agreements between the parties. Company may update or change this Agreement from time to time and recommends that you review it on a regular basis at www.crawdata.com/terms. You understand and agree that your continued use of the Crawdata Web Site after the Agreement has changed constitutes your acceptance of the Agreement as revised. Without limiting the foregoing, if Company makes a change to the Agreement that materially impacts your use of the Crawdata Web Site, Company may post notice of any such change on the Crawdata Website and/or e-mail you notice of any such change to the address you've provided.
5.3 This Agreement shall be interpreted, construed, and governed according to the laws of the State of Louisiana without giving effect to its choice of law provisions.
5.4 The Client acknowledges and agrees that the specific data provided by Client (other than client name, address, e-mail address and phone number) will be commingled with data provided by other Clients to establish a database (the “Crawdata Data Base”), a purpose of which is to analyze and track trends and changes in the crawfish industry. Neither the Crawdata Data Base nor the data contained therein is confidential. The Crawdata Data Base and the data contained therein shall be the exclusive property of Company, and Company shall have the exclusive right to use the Crawdata Database. The Company will not share any Client specific data with third parties unless consent is first given by the Client.
5.5 All the industry specific data, including weather information, will be obtained from public or other third party sources, and therefore Company is not responsible for the accuracy of any industry specific data. Company is not responsible for any decisions made by Client because of information provided by Company or obtained from the Crawdata Web Site.