Terms of Use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. 

Your access to and use of this website, as well as all related websites operated by Crescive Soil Services, LLC (www.crescivesoil.org) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing www.crescivesoil.org, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and www.crescivesoil.org are superseded and of no force or effect: 

1. You agree that www.crescivesoil.org itself, as well as all content, videos, training materials, products, services and/or other materials, made available on www.crescivesoil.org by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Crescive Soil Services, LLC and are the property of the Crescive Soil Services, LLC and/or its third party providers. You agree that such Crescive Soil Services LLC Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in www.crescivesoil.org, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Crescive Soil Services, LLC hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use www.crescivesoil.org solely for your personal purposes. No Crescive Soil Services LLC Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Crescive Soil Services LLC. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Crescive Soil Services LLC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of www.crescivesoil.org or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Crescive Soil Services LLC. 

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in www.crescivesoil.org, are copyrighted unless otherwise noted and are the property of Crescive Soil Services LLC. No such materials may be used except as provided in these Terms of Use. 

3. All trade names, trademarks, and images and biographical information of people used in the Crescive Soil Services LLC Content and contained in www.crescivesoil.org are either the property of, or used with permission by, Crescive Soil Services LLC. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Crescive Soil Services and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in www.crescivesoil.org shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Crescive Soil Services LLC or third party owner. Crescive Soil Services respects the copyright, trademark and all other intellectual property rights of others. Crescive Soil Services has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any partyʼs intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on www.crescivesoil.org or in any Content in any way, you may notify Crescive Soil Services at info@crescivesoil.org. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant. 

4. While Crescive Soil Services uses reasonable efforts to include accurate and up-to-date information in www.crescivesoil.org, Crescive Soil Services makes no warranties or representations as to its accuracy. Crescive Soil Services assumes no liability or responsibility for any errors or omissions in the content of www.crescivesoil.org. 

5. When you register with Crescive Soil Services and/or www.crescivesoil.org, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Crescive Soil Services. You consent to receive notices electronically by way of transmitting the notice to you by email. 

6. If you send comments or suggestions about www.crescivesoil.org to Crescive Soil Services, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Crescive Soil Services. No submission shall be subject to any obligation of confidence on the part of Crescive Soil Services. Crescive Soil Services shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. 

7. Crescive Soil Services shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using www.crescivesoil.org. Use of www.crescivesoil.org is completely at your own risk. 

8. Crescive Soil Services will not intentionally disclose any personally identifying information about you to third parties, except where Crescive Soil Services, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using www.crescivesoil.org, you signify your acceptance of Crescive Soil Services Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use www.crescivesoil.org. 

9. Neither Crescive Soil Services, nor any other party involved in creating, producing, or maintaining the site and/or content on the site shall be liable under any circumstances for any direct, incidental , consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose. Crescive Soil Services does not warrant or make any representations regarding the use of the materials in www.crescivesoil.org, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. Crescive Soil Services does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that www.crescivesoil.org, the content, and/or the materials available on www.crescivesoil.org are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections.  Crescive Soil Services shall not be responsible for any performance or service problems caused by any third party website or third party service provider.  Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you. 

10. Crescive Soil Services shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). Any such problems shall be governed solely by the agreement between you and that provider. Crescive Soil Services reserves the right to determine, in its sole discretion, whether Crescive Soil Services is responsible for any such malfunction or disruption. Crescive Soil Services also reserves the right to limit your use of the site and/or the content or to terminate your account should Crescive Soil Services determine that you have violated these terms of use, or that you have violated any other rules or conditions of Crescive Soil Services. Crescive Soil Services reserves the right to refuse access to www.crescivesoil.org and/or Crescive Soil Services content, products, and/or services to anyone in its sole discretion. Crescive Soil Services reserves the right to determine, in its sole discretion, whether Crescive Soil Services is responsible for any such malfunction or disruption. Crescive Soil Services may, in its sole discretion, refund the initial fee charged for any use of www.crescivesoil.org and/or any content or a pro-rated portion thereof consistent with Crescive Soil Services refund policy. Crescive Soil Services shall refuse any refund thirty (30) days after your payment for use of www.crescivesoil.org and/or any content, either pursuant to Crescive Soil Services customer license agreement or otherwise regardless of reason for disruption.

11. In no event shall Crescive Soil Services be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in www.crescivesoil.org, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto regardless of theory of liability. This limitation will apply even if Crescive Soil Services has been advised or is aware of the possibility of such damages.

 

12. You agree to indemnify and hold Crescive Soil Services and each of its agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorneyʼs fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of www.crescivesoil.org or any services that Crescive Soil Services may provide via www.crescivesoil.org, and (v) your conduct in connection with www.crescivesoil.org or the services or with other users of www.crescivesoil.org or the services. Crescive Soil Services reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Crescive Soil Services with such cooperation as is reasonably requested by Crescive Soil Services. 

13. The provisions of these Terms of Use are for the benefit of Crescive Soil Services, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. 

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Nevada County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review therein current Terms of Use to which you are bound. 

© 2019 Crescive Soil Services, LLC

© 2019 Crescive Soil, LLC All Rights Reserved