Terms of Service

These terms govern your use of the SmokeBrine website, our crop rotation planning tools, educational guides, downloadable templates, and all related services. Please read them carefully before using our platform.

Last Updated: January 15, 2026

Welcome to SmokeBrine. These Terms of Service ("Terms") are a legally binding agreement between you ("User," "you," or "your") and SmokeBrine LLC ("SmokeBrine," "we," "us," or "our"), a company registered at 350 Fifth Avenue, Suite 4210, New York, NY 10118. By accessing or using our website at www.smokebrine.com, our crop rotation planning tools, downloadable templates, educational articles, or any other services we provide (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must stop using our Services immediately.

1. Acceptance of Terms

By accessing the SmokeBrine website or using any of our Services, you confirm that you are at least 18 years of age or have reached the age of majority in your jurisdiction, whichever is greater. If you are using our Services on behalf of a business, farm, cooperative, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

Your continued use of our Services following any modifications to these Terms constitutes your acceptance of those modifications. We encourage you to review these Terms periodically. The "Last Updated" date at the top of this page indicates when the most recent revisions were made. If a revision materially changes your rights, we will provide notice through the website or via email if you have subscribed to our newsletter.

These Terms apply to all visitors, users, and others who access our website, whether or not they register for an account, subscribe to our newsletter, download templates, or use our interactive rotation planner tool. Additional terms may apply to specific features or services, and those terms will be presented to you at the time you access those features.

2. Description of Services

SmokeBrine provides educational resources, planning tools, and informational content focused on crop rotation planning and soil conservation for small-scale farms. Our Services include, but are not limited to:

  • Interactive Rotation Planner: A web-based tool that generates customized multi-year crop rotation schedules based on user-provided information about farm size, climate zone, current crops, and soil type. This tool provides general recommendations and is not a substitute for professional agronomic consulting.
  • Educational Guides: In-depth articles covering cover crop selection, erosion control methods, nutrient balancing strategies, record-keeping systems, regional adaptation, and long-term soil health monitoring.
  • Downloadable Templates: Free PDF and spreadsheet templates for rotation planning, soil test tracking, planting calendars, and farm record-keeping.
  • Newsletter: A periodic email publication delivering seasonal tips, planting reminders, and soil management advice to subscribers.

We strive to provide accurate, up-to-date, and useful information. However, farming conditions vary enormously by region, microclimate, soil type, and individual management history. Our content is designed to educate and inform, not to replace the guidance of qualified agronomists, soil scientists, or your local cooperative extension service. We strongly recommend that you consult with local agricultural professionals before implementing significant changes to your farming practices based on information found on our website.

SmokeBrine reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to notify users of significant changes, but we are not obligated to maintain any specific feature or tool indefinitely.

3. User Obligations

When using our Services, you agree to the following obligations and restrictions:

  • Lawful Use: You will use our Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.
  • Accurate Information: If you provide information to us through forms, tools, or subscriptions, you will provide accurate and current information. You are responsible for maintaining the accuracy of any information you submit.
  • No Automated Access: You will not use bots, scrapers, spiders, crawlers, or any other automated means to access, collect, or download content from our website without our prior written permission.
  • No Impersonation: You will not impersonate any person or entity, or falsely claim an affiliation with any person or entity when using our Services.
  • No Interference: You will not attempt to interfere with, disrupt, or compromise the integrity, security, or proper functioning of our website, servers, or related infrastructure.
  • No Reverse Engineering: You will not reverse engineer, decompile, disassemble, or attempt to derive the source code of any software, tools, or algorithms used in our Services.
  • No Redistribution for Commercial Gain: You will not redistribute, sell, license, or commercially exploit our content, tools, templates, or any other materials without our express written consent.
  • No Illegal Activity: You will not use our Services to facilitate any illegal activity, including but not limited to fraud, unauthorized data collection, or distribution of harmful content.

Violation of any of these obligations may result in immediate termination of your access to our Services, without notice or liability on our part.

4. Intellectual Property

All content, materials, and features available through our Services are owned by SmokeBrine LLC or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. This includes, but is not limited to:

  • All written articles, guides, checklists, and educational content
  • The SmokeBrine name, logo, and branding elements
  • The interactive rotation planner tool and its underlying algorithms
  • Downloadable templates and worksheets
  • Website design, layout, graphics, and visual elements
  • Software code and technical implementations

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial educational purposes. You may download and print our free templates for use on your own farm or for educational purposes within your farming community. This license does not include the right to modify, copy, distribute, sell, or create derivative works from our content for commercial purposes.

If you believe that any content on our website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, and we will investigate promptly.

5. Disclaimers

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SmokeBrine makes no warranties or representations regarding the accuracy, completeness, reliability, suitability, or availability of any content, tools, or services provided through our website. Specifically, we disclaim the following:

  • No Guarantee of Results: Crop rotation plans, cover crop recommendations, erosion control methods, and nutrient management strategies provided through our Services are general educational guidance. We do not guarantee that following our recommendations will produce specific yields, soil improvements, or financial outcomes. Agricultural results depend on countless variables including weather, local soil conditions, pest pressure, seed quality, management practices, and factors beyond our control.
  • Not Professional Advice: Our content does not constitute professional agronomic, soil science, environmental, legal, or financial advice. It is educational information intended to supplement, not replace, consultation with qualified professionals familiar with your specific conditions.
  • No Warranty of Accuracy: While we endeavor to keep our information current and accurate, agricultural science evolves, regional conditions vary, and errors may occur. We do not warrant that any information on our website is error-free or current at all times.
  • No Warranty of Availability: We do not guarantee uninterrupted access to our website or tools. Our Services may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control.
  • Local Regulations: Agricultural regulations, conservation program requirements, organic certification standards, and land use rules vary significantly by jurisdiction. We do not warrant that our recommendations comply with the specific regulations applicable to your farm or location. You are solely responsible for understanding and complying with all applicable local, state, and federal regulations.

Soil testing should always be conducted by accredited laboratories using proper sampling protocols. The rotation planner tool provides generalized suggestions and should be validated against local conditions and professional guidance before implementation.

6. Limitation of Liability

To the fullest extent permitted by applicable law, SmokeBrine LLC, its officers, directors, employees, agents, and affiliates shall not be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use our Services, including but not limited to:

  • Crop losses or reduced yields attributed to following rotation recommendations
  • Soil degradation, erosion, or nutrient imbalances
  • Financial losses related to farm operations or management decisions
  • Loss of data, profits, revenue, or business opportunities
  • Damage to equipment, land, or infrastructure
  • Regulatory fines or penalties resulting from non-compliance with local agricultural regulations
  • Personal injury or property damage arising from the implementation of any techniques described on our website

In no event shall our total aggregate liability to you for all claims arising out of or related to these Terms or your use of our Services exceed one hundred United States dollars ($100.00). This limitation of liability applies regardless of the theory of liability, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, the above limitations may not apply to you to the extent prohibited by law, but they shall apply to the maximum extent permitted.

7. Indemnification

You agree to indemnify, defend, and hold harmless SmokeBrine LLC, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of or access to our Services
  • Your violation of these Terms
  • Your violation of any applicable law, rule, or regulation
  • Your violation of any rights of a third party, including intellectual property rights
  • Any content or information you submit, post, or transmit through our Services
  • Any agricultural decisions or actions you take based on information obtained from our website

This indemnification obligation shall survive the termination of these Terms and your use of our Services. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims.

8. Third-Party Links and Resources

Our website may contain links to third-party websites, resources, or services that are not owned or controlled by SmokeBrine. These may include links to local agricultural extension offices, seed suppliers, soil testing laboratories, government agricultural programs, and other educational resources.

We provide these links for your convenience and informational purposes only. The inclusion of a link does not imply endorsement, sponsorship, or recommendation by SmokeBrine. We have no control over the content, accuracy, privacy practices, or availability of third-party websites and are not responsible for any content found on those sites.

We strongly encourage you to review the terms of service and privacy policies of any third-party website you visit through links on our platform. Your interactions with third-party websites are solely between you and the third party.

9. Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

We collect minimal personal data necessary to provide our Services, including information you voluntarily provide through our rotation planner tool, contact forms, and newsletter subscription. We do not sell your personal information to third parties. For complete details on data collection, retention, your rights, and how to exercise them, please review our Privacy Policy.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Services shall be brought exclusively in the federal or state courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

If you are accessing our Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws to the extent that local laws are applicable. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice.

If the dispute cannot be resolved informally within thirty days, either party may initiate binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language in New York County, New York, or at a location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding on both parties.

You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. You waive your right to participate in a class action, class-wide arbitration, or any other representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be void.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

12. Termination

We reserve the right to suspend or terminate your access to our Services, in whole or in part, at any time and for any reason, including but not limited to:

  • Violation of these Terms or any applicable law
  • Conduct that we reasonably believe is harmful to other users, our business, or third parties
  • Use of automated tools to scrape or collect content from our website
  • Attempts to interfere with the proper functioning of our website or infrastructure
  • Upon request by law enforcement or other government agencies

Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

You may stop using our Services at any time. If you have subscribed to our newsletter, you may unsubscribe by clicking the unsubscribe link in any email or by contacting us directly. We will process unsubscription requests promptly, typically within 48 hours.

13. Changes to These Terms

SmokeBrine reserves the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this document and post the revised Terms on this page. For material changes that significantly affect your rights or obligations, we will provide at least fourteen (14) days' advance notice before the changes take effect. Notice may be provided through a prominent announcement on our website, via email to newsletter subscribers, or through other reasonable means.

Your continued use of our Services after the effective date of any revised Terms constitutes your acceptance of and agreement to those changes. If you do not agree with the revised Terms, you must discontinue your use of our Services before the changes take effect.

We encourage you to review these Terms periodically to stay informed about the rules governing your use of our platform. Previous versions of our Terms are available upon request by contacting us at [email protected].

14. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to report a violation, please contact us using the information below. We aim to respond to all inquiries within five (5) business days.

SmokeBrine LLC

Additional Provisions

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SmokeBrine regarding your use of our Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and SmokeBrine.

Waiver

The failure of SmokeBrine to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of SmokeBrine.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. SmokeBrine may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force Majeure

SmokeBrine shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, power failures, labor disputes, pandemics, or acts of terrorism.

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