Terms of service

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between you and www.crescivesoil.org are superseded and of no force or effect: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-sub licensable, 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

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

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