By visiting www.agroptimizer.com (Agroptimizer), you verify that you are a user from the USA. When viewing, accessing, or otherwise using any of the services or generated information, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of Agroptimizer. You understand, agree, and acknowledge that these Terms constitute a legally binding agreement between you and Agroptimizer and that your use of Agroptimizer shall indicate your conclusive acceptance of this agreement. You acknowledge and agree that Agroptimizer may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Agroptimizer authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Agroptimizer may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Agroptimizer is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
When you submit content to Agroptimizer you simultaneously grant Agroptimizer an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Agroptimizer. The Terms of this agreement will continue to apply in perpetuity until terminated by Agroptimizer without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
When you create an account, you will be asked to provide a username and password. To protect your account, keep your account details, login credentials, and password confidential. You are responsible for preventing unauthorized users from using your login credentials to access our services. You are solely responsible for the activities of anyone accessing your account using your login credentials. You must promptly notify us of any unauthorized use of your login credentials and promptly change your password if your account has been compromised. You agree not to create an account using any false, inaccurate, or misleading information. You further agree you will not maintain more than one account at any given time.
You understand and agree that your use of Agroptimizer is entirely at your own risk. The content and generated information in Agroptimizer website does not constitute individual professional advice or recommendations of any kind and is not suitable to replace individual advice by experts, taking into account the specific circumstances of the individual case. Your use of, and any reliance upon information from Agroptimizer, including, but not limited to, any information, materials, agronomic information, yield data, historical data, advice, commodity prices, or land valuation is at your own risk. The results of any report, output, or recommendation from Agroptimizer are based by completeness, timeliness, truth, and accuracy of your information. Any incorrect information inputted by you will affect such report, output, or recommendation in a negative manner, potentially rendering them incorrect and/or damaging. Even if your information is complete, timely, true, and accurate, we do not warrant that any output, report, or recommendation made available by or through Agroptimizer will be correct, suitable, or useful for you or your location, increase yields and/or profits, act as a substitute for sound field monitoring and management practices, or any other result or otherwise allow you to meet your goals. You must use your own judgment in determining whether to adopt, use, or comply, in whole or in part, with any report, output, or recommendation from the Agroptimizer.Individual results may vary and are subject to a variety of environmental factors (e.g., weather, disease and pest pressure, soil type, moisture level, and management practices). We are not responsible for any of your acts or omissions resulting from your action or inaction resulting from such report, output, or recommendation.
All of the text, images, products, and materials (including, without limitation, third party products and services, and submissions and creations) made available through or in connection with Agroptimizer are provided to you on an “as is”, “as available”, “with all faults”, and “where-is” basis. Agroptimizer does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Agroptimizer website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand and agree that Agroptimizer and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Agroptimizer has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Agroptimizer is limited to the greatest extent permitted by law.
Under no circumstances and under no legal theory (whether in contract, tort, negligence, or otherwise) will we be liable to you or any third party for any indirect, incidental, special, exemplary, consequential, punitive, or other similar damages, including lost profits or business, business interruption, or any other loss incurred by you related to, or in connection with this Agreement or the use of, or inability to use Agroptimizer, regardless of whether we have been advised of the possibility of or could have foreseen such damages.
You understand and agree that the above Terms constitute the entire general agreement between you and Agroptimizer. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material. Agroptimizer reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of Agroptimizer after any changes to Terms will signify your agreement to be bound by them.
In consideration of you making Confidential Information available to us, we agree to the terms set out below:
1. The Term “Confidential Information” shall collectively refer to all non-public information disclosed or provided by one party to the other, either orally or in writing, or obtained by the recipient party from a third party or any other source, concerning any aspect of the business or affairs of the other party or its “affiliates”, including without limitation, any information or material with third parties. Confidential Information also includes any notes, analyses, compilations, studies or other material or documents prepared by the recipient party which contain, reflect or are based, in whole or in part, on the Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information or material that: (i) is publicly available or becomes publicly available though no action or fault of the recipient party, (ii) was already in the recipient party’s possession or known to the recipient party prior to being disclosed or provided to the recipient party by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by the recipient party from a third party, provided that, such third party was not bound by a contractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by the recipient party without reference to the Confidential Information.
2. We shall treat all Confidential Information as strictly private and confidential and take all steps necessary to preserve such confidentiality.
3. We shall use the Confidential Information solely for the performance of the Services.
4. We shall not disclose any Confidential Information to any other person or firm, other than as permitted by item 6 below.
5. We shall not disclose or divulge any of the Confidential Information directly or indirectly to any other party.
6. Shall not be prohibited the disclosure of Confidential Information:
a. To our partners who need to know such Confidential Information to assist with the performance of the Services.
b. To our partnerswho need to know such Confidential Information to perform our company’s quality performance review processes.
c. With your prior written consent, such consent not to be unreasonably withheld.
d. To the extent that such disclosure is required by law, regulation, or professional standards.
e. To the extent that such disclosure is required by any rule or requirement of any regulatory authority with which we are bound to comply.
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