Risks and Considerations Regarding UNIBEST Services

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Once you obtain your UNIBEST Information, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as UNIBESTs research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your UNIBEST in the context of such advances, you may need to obtain further services from UNIBEST or other service providers.

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User Representations

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By accessing UNIBEST Services, you agree to, acknowledge, and represent as follows:

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1. BY USE OF THIS SITE, YOU AGREE THAT THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF WASHINGTON SHALL APPLY TO ALL MATTERS RELATED TO THE USE OF THIS SITE WITHOUT REGARD TO CHOICE OF LAW PROVISIONS. ANY LEGAL ACTION OR PROCEEDING RELATING TO THE USE OF THIS SITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT IN WASHINGTON. YOU AGREE TO SUBMIT TO THE JURISDICTION OF, AND ACCEPT THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

 

2. You should assume that everything you see or read on this Web site is copyrighted (regardless of whether or not a copyright notice appears on all materials) unless otherwise noted and may not be used, except as provided herein, without the prior written consent of UNIBEST International. UNIBEST International neither warrants nor represents that any materials displayed on this Web site will not infringe the rights of third parties not owned or affiliated with UNIBEST International.

 

3. Although UNIBEST International uses reasonable efforts to include accurate and up-to-date information on this Web site, UNIBEST International makes no warranties or representations as to its accuracy. UNIBEST International assumes no liability or responsibility for any errors or omissions in the content of the Web site. 

 

5. You’re use of, and browsing in, this Web site is at your own risk. Neither UNIBEST International nor any other party involved in creating this Web site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Web site. Without limiting the foregoing, everything on this Web site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. UNIBEST International also assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other equipment or other property due to your access to, use of, or browsing in this Web site or the downloading of any materials, data, text, images, video or audio from this Web site.

 

5. This Site may from time to time contain information relating to various data from others including ancillary information. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own agronomist, consultant or agri-business partner/professional. You should not use the information contained herein for taking actions without full knowledge of the limitations and variability of products and soils. You should always consult your own professional agronomist or consultant.

 

6. UNIBEST International has not reviewed all of the sites linked to this Web site and is not responsible for the contents of any off-site pages or any other sites linked to this Web site. The existence of any link to such other sites does not imply endorsement by UNIBEST International of such other sites. Your access to any other off-site pages or sites is at your own risk. No links are permitted to this Web site without the prior written consent of UNIBEST International. Further, because our site may contain links to the websites of our subsidiaries and affiliates, and to websites that are owned and operated by third parties, it is important to understand that these other websites may have their own privacy policies and would not be governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.

 

7. Images of people or places displayed on this Web site are either the property of, or used with permission by, UNIBEST International. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless permitted by these terms and conditions or specific permission provided elsewhere on this Web site. Any unauthorized use of the images may violate U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and/or treaty provisions. In addition to the rights UNIBEST International has in the individual elements of the Content, UNIBEST International also owns a copyright in the selection, coordination and arrangement of the Content. 

 

8. All the UNIBEST trademarks, logos and service marks (collectively "Trademarks"), displayed on this Web site, are the registered and unregistered Trademarks of UNIBEST International. Nothing contained on this Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Web site without the prior written permission of UNIBEST International. Your misuse of the Trademarks displayed on this Web site, or any other content displayed on this Web site, except as provided in these terms and conditions, is strictly prohibited.

 

9. UNIBEST International will provide commercially reasonable security measures, however, you understand and acknowledge that certain risks are inherent in the transmission of information over the internet and you agree to assume the security risk for the transmission of the information you provide when using this Web site.

 

10. UNIBEST International may at any time revise these terms and conditions by updating this posting and may also make changes to the content or any links at any time. You are bound by any revisions and should, therefore, periodically visit this page to review these terms and conditions.

 

You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations UNIBEST has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify UNIBEST and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

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UNIBEST Privacy Statement and Disclosure of Information

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We know that your privacy is important to you, and we work hard to earn and keep your trust. We have created this Policy to let you know what Personal Information we collect when you use this Site, how we use and share the Personal Information we collect, and how we protect your privacy.

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If you have any questions about this Policy or our privacy practices, please contact us at info@unibestinc.com

 

1. Definitions

The terms “UNIBEST,” “we,” “us,” and “our” refer to UNIBEST International, LLC. The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address. The term “Policy” refers to this online privacy policy. References to this “Site” refer to the Web site owned by UNIBEST International, LLC. 

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The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and reviews of products available on this Site.

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2. Your Consent
Please take a few minutes to review this Policy before using this Site. By using this Site you are consenting to the collection, use, and disclosure of your Personal Information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not continue to access or use this Site.

 

3. This Policy is Part of Our Terms of Use

 

4. Privacy Notices
This Policy may be amended from time to time by “privacy notices” posted on this Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain privacy notices providing details about the Personal Information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.

 

5. Other Agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement.”

 

6. Types of Personal Information We Collect
Information You Volunteer. Unibest collects the Personal Information you and others knowingly and voluntarily provide when you use this Site. For example, we collect the Personal Information you provide when you subscribe to one of our newsletters, review or comment on one of our products, or contact us with questions. Some of the information you post to this Site may constitute User-Generated Content.

Information Sent to Us by Your Web Browser. We collect information that is sent to us automatically by your Web browser. This information typically includes your IP address, the identity of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings. Generally, we do not link the information provided by your browser to your Personal Information.

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More About IP Addresses. An “IP address” is a unique number that is automatically assigned to your computer when you connect to the Internet. It is used to identify your computer’s “location” in cyberspace, so that the information you request can be delivered to you. If you use a dial-up connection or a connection that assigns dynamic IP addresses, your computer will be assigned a new IP address each time you connect to the Internet. If, however, your computer is permanently connected to the Internet using a static IP address, the IP address assigned to your computer will generally be the same each time you use your computer.

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If you have registered with this Site, we may link your IP address to account information that identifies you personally. We may also provide your IP address to our third-party service provider who can use it to identify your state and zip code. This gives us valuable demographic information about the individuals who use this Site. In addition, if, we suspect fraud or a threat to the security of this Site, we may share our server logs—which contain users’ IP addresses—with the appropriate investigative authorities, who could use that information to trace and identify individuals.

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Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of this Site. For example, we may use these technologies to:

• collect information about the way’s visitors use this Site—which pages they visit, which links they use, and how long they stay on each page; 

• support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits; and

• personalize your experience when you use this Site. Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a user identity, for example, by registering with this Site, we may link the information we collect using these Web technologies to other information that identifies you personally.

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In addition to the cookies UNIBEST delivers to your computer, our partners may use cookies. For example, our partners may deliver cookies through this Site or via e-mail that allow them to recognize you in future Web sessions as someone who has expressed an interest in this Site or in our products or services. Likewise, links in e-mails sent to you by our partners may be designed so that we can identify recipients who click on them and/or measure the effectiveness of the e-mail campaign. Cookies delivered by our partners do not identify you personally. They are used to help the Web sites you visit understand your interests and to customize the content of the content presented to you. The expiration durations of cookies delivered by our partners vary and are set by our partners.

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Generally, if you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Please note, however, that your browser cannot screen out cookies that are sent by e-mail.

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Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies.

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7. User-Generated Content

The User-Generated Content you submit on or through this Site may inadvertently be accessed by unapproved sources, who visit this Site. In addition, we may use User-Generated Content you submit on or through this Site in advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes.

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Therefore, you should have no expectation of privacy with respect to User-Generated Content you submit on or through this Site. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. All terms and conditions of our Terms of Use apply to User Generated Content submitted on or through this Site. In particular, your submissions must not violate the privacy or other rights of others.

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8. How We Use Personal Information Collected Through This Site

Generally, we use the Personal Information we collect through this Site

• to provide the information, products and services you request;

• for security, credit or fraud prevention purposes;

• to provide you with effective customer service;

• to provide you with a personalized experience when you use our Sites

• to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);

• to contact you with information and notices related to your use of our Sites;

• to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);

• to better understand your needs and interests;

• to improve the content, functionality and usability of this Site;

• to improve our products and services;

• to improve our marketing and promotional efforts; and

• for any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

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Please see below for information about the choices you have about the ways we use your Personal Information.

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9. Your Choices

In General. We respect your right to make choices about the ways we collect, use and disclose your Personal Information. In most cases, we will ask you to indicate your choices at the time we collect your Personal Information. For example, if you register with this Site, we provide you with an opportunity to “opt out” of receiving certain communications from us. In addition, we will include an “opt out” link in each electronic newsletter or promotional e-mail we send you, so that you can inform us that you do not wish to receive such communications from us in the future.

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Previously Expressed Preferences. You may change previously expressed preferences regarding how we use your Personal Information. If at any time you wish to be taken off our mailing lists, please contact us at info@unibestinc.com.

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Please provide your full name, postal address and e-mail address so that we can find you on our mailing lists. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request.

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How to Access, Update or Correct Your Personal Information

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If you wish to access, update or correct your Personal Information, please contact us at info@unibestinc.com. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identify.

 

10. Steps We Take to Safeguard your Personal Information

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of Personal Information you submit on or through this Site. Unfortunately, no Web site, server or database is completely secure and we cannot guarantee that your Personal Information will not be disclosed, misused or lost by accident or by the unauthorized acts of others.

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11. How We Share Your Personal Information With Others

Third–Party Vendors. UNIBEST shares Personal Information collected through this Site with third-party vendors who act for or on behalf of UNIBEST. For example, we use third–party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These third–party vendors may need information about you to perform their functions.

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Business Transfers. Your Personal Information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge or team with another organization. If such a transfer occurs, the successor organization’s use of your Personal Information will still be subject to this Policy and the privacy preferences you may have expressed (please contact UNIBEST for any concerns at info@unibestinc.com)

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Compliance with Laws and Protection of Our Rights and the Rights of Others, we may disclose your Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

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As Described in a Privacy Notice. We reserve the right to disclose your Personal Information as described in any privacy notice posted on a page of this Site where you provide that information. By providing your Personal Information on that page you will be consenting to the disclosure of your Personal Information as described in that privacy notice.

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As Described in a Click–Through Agreement. We reserve the right to disclose your Personal Information as described in any click–through agreement to which you have agreed.

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12. Children Under the Age of Thirteen

We strive to ensure that this Site does not offend people of any age. However, this Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through this Site without the consent and supervision of a parent or guardian, please contact us at info@unibestinc.com.

 

13. Links to Other Sites

This Site may contain links to Web sites operated by other organizations, including Web sites operated by our third-party service providers and other third parties. For example, if you click on an advertisement on this Site, you may be taken to a Web site that we do not control.

This Policy does not apply to Personal Information collected on any of these third–party Web sites. When you access third–party Web sites through a link on this Site, please take a few minutes to review the privacy policy posted on that site.

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14. This Policy May Change

This Policy describes UNIBEST current policies and practices with regard to the Personal Information we collect through this Site.

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you.

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We will update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if this Policy has been revised since your last visit.

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You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.

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15. Limited License

You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not UNIBEST, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.

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You acknowledge that the Services content presented to you as part of the Services, whether original UNIBEST Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by UNIBEST and/or the sponsors who provide that content to UNIBEST (or by other persons or companies on their behalf). UNIBEST grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of your personal reporting information from your tests with the exception of content from section of the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the UNIBEST website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © UNIBEST, Inc. 20010-2018. All rights reserved; distributed pursuant to a Limited License from UNIBEST; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by UNIBEST or by the owners of that content, in a separate agreement.

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16. Export Control and Applicable Laws and Regulations

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your sample is not subject to any export ban or restriction in the country in which you reside, 2) that your sample and data may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access UNIBEST's Services online.

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17. Material Provided to UNIBEST - Your Proprietary Rights

User Content. UNIBEST does not claim ownership of the User Content you provide to UNIBEST (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give UNIBEST, its affiliated companies, sublicensees and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for UNIBEST to make such User Content available to other companies, organizations, or individuals with whom UNIBEST has relationships, and to use such User Content in connection with the provision of those services.

You understand that UNIBEST, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit UNIBEST to take these actions. You represent and warrant to UNIBEST that you have all the rights, power, and authority necessary to grant the above license.

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Waiver of Property Rights. As stated above, you understand that by providing any sample, having your UNIBEST Information processed, accessing your UNIBEST Information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by UNIBEST or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your UNIBEST Information or Self-Reported Information.

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18. General Practices Regarding Use and Storage

You acknowledge that UNIBEST may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on UNIBEST's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that UNIBEST has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of UNIBEST Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that UNIBEST reserves the right to change these general practices and limits in its sole discretion.

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19. Termination

The TOS will continue to apply until terminated by either you or UNIBEST as set out in this Section.

If you want to terminate your legal agreement with UNIBEST, you may do so by notifying UNIBEST at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to UNIBEST's address, which is set out at the beginning of the TOS, or online via info@unibestinc.com. If you provide notice online, UNIBEST will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

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UNIBEST may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) UNIBEST is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom UNIBEST offered the Services to you has terminated its relationship with UNIBEST or ceased to offer the Services to you; (4) UNIBEST is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by UNIBEST is, in UNIBEST's opinion, no longer commercially viable.

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Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that UNIBEST shall not be liable to you or any third party for any termination of your access to the Services.

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20. Dealings with Information Providers and Listed Resources

Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that UNIBEST shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

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21. Hyperlinks and the UNIBEST Website

The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because UNIBEST has no control over such sites and resources, you acknowledge and agree that UNIBEST is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UNIBEST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

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22. Warranty

You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and UNIBEST EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. UNIBEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, UNIBEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIBEST OR UNIBEST’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. ACCORDINGLY, THE SOFTWARE (INCLUDING ANY DATA, FORMULAS, EQUATIONS OR OTHER CALCULATIONS) ARE PROVIDED TO YOU AS-IS, AND YOU THEREFORE ASSUME ALL LIABILITY FOR THE USE OF ANY RESULTS PRODUCED OR NOT PRODUCED BY THE SOFTWARE. YOU FURTHER ASSUME ALL RISK FOR THE USE OF RESULTS PRODUCED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY RISKS ASSOCIATED WITH PLANTING, HARVESTING, SELLING OR BUYING ANY AGRICULTURAL PRODUCTS BASED UPON ANY RECOMMENDATION, LACK OF RECOMMENDATION, OR OTHER RESULT PRODUCED BY THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE.   FURTHERMORE, YOU UNDERSTAND THAT SOILS ARE VARIED AND NUTRIENT USE EFFICIENCY MODELS PROVIDE INSIGHTS AND CANNOT BE RELIED UPON TO ELIMINATE UNCERTAINTY.   UNIBEST CAN ASSIST WITH THIS ENDEAVOR SUCH AS NUTRIENT PRODUCT TESTING PLATFORMS AND TRY-BEFORE-YOU APPLY TESTING PROGRAMS, HOWEVER, LIMITING FACTORS IN CROPPING SYSTEMS CAN INCLUDE MANY VARIABLES THAT CANNOT BE FULLY ACCOUNTED FOR.   YOU (AND NOT UNIBEST OR UNIBEST’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ASSOCIATED WITH THE USE OF ANY DATA . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN FULL.

 

23. Limitations of Liability

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL UNIBEST, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF UNIBEST OR UNIBEST’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL UNIBEST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

 

24. Changes to the Terms of Service

UNIBEST may make changes to the TOS from time to time. When these changes are made, UNIBEST will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

You acknowledge and agree that if you use the Services after the date on which the TOS have changed, UNIBEST will treat your use as acceptance of the updated TOS.

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25. Violation or Suspected Violation of Terms of Service

If you violate the terms of these TOS and/or UNIBEST has a reasonable ground to suspect that you have violated the terms of these TOS, UNIBEST has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

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26. Miscellaneous

1. Entire Agreement. The TOS constitute the entire agreement between you and UNIBEST and govern your use of the Services, superseding any prior agreements between you and UNIBEST on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software

2. Applicable law and arbitration. Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with UNIBEST arising out of or relating to the Agreement ("Disputes") shall be governed by Washington law regardless of your country of origin or where you access UNIBEST, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in County of Benton, Washington state, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration costs and reasonable documented attorneys' costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

3. Waiver. The failure of UNIBEST to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

4. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

5. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

6. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.

7. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.

8. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.unibestinc.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 18 (Termination).

9. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, UNIBEST for any third party that assumes our rights and obligations under this Agreement.

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