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 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 is completely at your own risk.
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.
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 or any services that Crescive Soil Services may provide via www.crescivesoil.org, and (v) your conduct in connection with or the services or with other users of 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.
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.
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