Rhizoterra.com & The Global Food & Farm Online Community WITH JILL CLAPPERTON
PLEASE NOTE THAT BY USING OR ACCESSING JILLCLAPERTON.COM , GLOBALFOODANDFARM.COM, and/or RHIZOTERRA.COM YOU ARE CONSENTING TO THIS AGREEMENT AND CONDITIONS AS OUTLINED HEREIN AND THAT THE COMPANY EXPRESSLY LIMITS ACCESS TO THE NETWORK TO THOSE WHO CONSENT TO ABIDE BY THIS AGREEMENT AND TO ANY MODIFICATIONS THEREAFTER.
PLEASE FURTHER NOTE THAT THE COMPANY RESERVES, AT THE COMPANY’S SOLE DISCRETION, THE RIGHT TO BLOCK, SUSPEND, REVOKE OR DENY ACCESS TO THE NETWORK AND/OR COMPANY SERVICES FOR A FAILURE TO CONSENT TO THIS AGREEMENT OR TO ANY MODIFICATION THERETO OR THE FAILURE TO ABIDE BY ANY TERM(S) OF THIS AGREEMENT OR TO ANY MODIFICATION THEREAFTER WITH OR WITHOUT PRIOR NOTICE as detailed herein.
This Agreement constitutes a legally binding agreement made between you personally and on behalf of any principal (collectively referred to herein as “you” or “your” or “user”) and the Company and its affiliated companies (collectively referred to herein as the “Company” or “we” or “us” or “our”), concerning your access to and use of the Network.
The Network is intended to provide access to:
Original video discussions and background interviews with top scientists, farmers, chefs and food companies - designed to help you make science-based decisions on food and farm issues;
A community office hour or “video call” with a Company employ;
An online community and forum to engage with farmers, researchers and/or problem-solvers from around the world;
24/7 access to the Network’s library of original and recommended research, papers and video presentations;
Regular presentations on the latest science affecting food and farm issues;
In-depth discussions about measuring and enhancing nutrient density in food; and
Online marketing instruction and training discussions and videos for small businesses.
PLEASE NOTE that the Company reserves the right to amend, add, substitute, or discontinue any of the foregoing without notice to you.
Acceptance of Terms
This Agreement and the terms and conditions herein apply to all the Network’s visitors, customers, and any and all other users of the site. By using the Network or Service, you agree to this Agreement and the terms and conditions herein, without modification, and acknowledge reading them.
Compliance with Laws
The information provided on the Network is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Websites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (under the age of 18) are not permitted to register for the Network or use the Services.
In order to access the Network, you will be required to provide personal information, including your name, email address, username and password, and other information as may be requested from time to time. You agree that any registration information you give to the Company is accurate and correct and that you will update said information upon any change thereto or by request from the Company. FURTHERMORE, you agree and consent to hold the Company harmless for the inadvertent, unintended, or accidental release of personal information, to include theft, provided that the Company was not grossly negligent in its handling or storage of your personal information.
You may use the Network for lawful purposes only. You agree to be financially responsible for all purchases, if any, made by you or someone acting on your behalf through the Network. You agree to use the Network and to purchase services or products, if any, for legitimate purposes only. You shall not post or transmit through the Network any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Duration of this Agreement
This Agreement shall be effective upon acceptance by you and shall continue until terminated.
Access to the Network
The Company agrees to provide access to the Network. You agree and understand that access to the Network may at times be influenced and affected by third parties that we use to provide the service (web hosting, membership Websites plugins, etc.). You agree and understand that no breach of contract action may be initiated against the Company when there are reasonable delays in the access of the Network.
The Company reserves the right to terminate the Network, and or access to certain features of the Network, with or without prior notice to you. The Company will make reasonable efforts to provide notice but is not required to do so under the terms of this Agreement.
Cancellations and Refunds
For the paid portion of our Websites, the Company offers a minimum 3-day free trial on all subscription plans. During this time, you may evaluate the network to see if it is a service you would like to purchase. If you are not happy with our service or content, you are required to close your account prior to the end of the free trial to avoid being charged for our service. No refunds will be provided if you fail to cancel your account prior to the end of the free trial.
You may always cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid.
If you selected the annual membership fee plan, you received a discounted rate for the Service and are not eligible for a refund. Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
MATERIAL YOU SUBMIT TO THE NETWORK
You shall not upload, post or otherwise make available on Network any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Network, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
The Company may provide access to a community or social media platforms in conjunction with the Service. Company is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction.
You agree that your use of these community and social media platforms is a privilege and Company may limit or deny access to these platforms for misconduct that violates our posted code of conduct and/or includes but is not limited to being inappropriate, rude, violent, or threatening. The Company will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Company is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Company’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
The Company claims no intellectual property rights over the material you supply to Company. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Network. Content you submit to Company remains yours to the extent that you have any legal claims therein. If you cancel your subscription, you will lose access to all content you have uploaded or provided to the Network. You agree to hold Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Network, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Further, you consent to recordings being made of calls or webinars or other interactive content provided as part of the Network. You consent to your name, words, voice, and likeness being used by Company for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
The Network contains intellectual property owned by Company, including trademarks, copyrights, logos, proprietary information, and other intellectual property. The Company’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Company’s copyrighted materials shall remain the sole property of Company. No license to sell or distribute our materials is granted or implied.
Company Content, includes, without limitation, all source code, databases, functionality, software, Websites designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
USE OF CONTENT
Company Content on the Network is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Network, you are granted a limited license to access and use the Network and the Company Content and to download or print a copy of any portion of the company content to which you have properly gained access solely for your personal, non-commercial use. The Company reserves all rights not expressly granted to you in and to the Network and Company Content and Marks.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Network, its content, or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of membership material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Network’s proprietary information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS/AMENDMENT TO TERMS
The Company may at any times change or amend the terms and conditions of this Agreement. Any such amendment(s) are effective when posted to the Network AND you agree that the posting of any such amendment(s) to the Network by the Company is notice to you of the amendment(s). Any use BY YOU of the Network or Service after posting is acceptance of the amendment(s), regardless of whether or not you have reviewed or read the amendment(s).
You may not access or use the Network for any other purpose other than that for which Company makes it available. The Network may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
Attempting to bypass any measures of the Network designed to prevent or restrict access to the Network, or any portion of the Network;
Attempting to impersonate another user or person or using the username of another user;
Criminal or tortious activity;
Deleting the copyright or other proprietary rights notice from the Network content;
Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Network, or using or launching any unauthorized script or other software;
Harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Network to you;
Interfering with, disrupting, or creating an undue burden on the Network or the websites or services connected to the Network;
Making any unauthorized use of the Network, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
Selling or otherwise transferring your profile;
Systematic retrieval of data or other content from the Network to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
Using any information obtained from the Network in order to harass, abuse, or harm another person;
Using the Network or its content as part of any effort to compete with the Company or the Network or to provide services as a service bureau; and
Using the Network in a manner inconsistent with any and all applicable laws and regulations.
THIRD PARTY WEBSITES AND CONTENT
The Network may contain (or you may be sent through the Network) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Network or any Third Party Content posted on, available through or installed from the Network, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Network and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Network or relating to any applications you use or install from the websites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and the Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
The Company reserves the right but does not have the obligation to:
Monitor the Network for violations of this Agreement;
Take appropriate legal action against anyone who, in the Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
In the Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any of the Company’s policy;
In the Company’s sole discretion and without limitation, notice or liability to remove from the Network or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and
Otherwise manage the Network in a manner designed to protect the rights and property of the Company and others and to facilitate the proper functioning of the Network.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Network or are otherwise a user or member of the Network, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN THE COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE NETWORK, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE NETWORK, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN THE COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Network, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Network.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If there is a dispute between users of the Network, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Network.
Governing Law; Jurisdiction. This Agreement and all aspects of the Websites and Company Services shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Petersburg County, Commonwealth of Virginia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Websites or Company Services be instituted more than two (2) years after the cause of action arose.
Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
Binding Arbitration. If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA Websites www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Henrico County, Commonwealth of Virginia. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Restrictions. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Websites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE NETWORK, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Network, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to the Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
The Company cannot control the nature of all of the content available on the Network. By operating the Network, the Company does not represent or imply that the Company endorses any blogs, contributions or other content available on or linked to by the Network, including without limitation content hosted on third party websites or provided by third party applications, or that the Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Network or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Network.
YOU AGREE THAT YOUR USE OF THE NETWORK WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH NETWORK AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NETWORK’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE NETWORK AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NETWORK. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NETWORK OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Network will maintain certain data that you transfer to the Network for the purpose of the performance of the Network, as well as data relating to your use of the Network. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Network. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.
Your use of the Network includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Network. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. The Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond the Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the Company as a result of this Agreement or use of the Network. Upon the Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Company or the Network or to receive further information regarding use of the Network or Company Services, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Network Contact: Sara Harper
Phone: (703) 209-9484
Updated as of May 1, 2022