1. Acceptance of Terms
A. By using or visiting this website or any,
software, data feeds, tissue and soil data and services provided to you on,
from, or through this website (collectively the "Service") you
signify your agreement to these terms and conditions (the "Terms of
Service"). If you do not agree to any of these terms, you should exit this
website now.
B. Although we may attempt to notify you
when major changes are made to these Terms of Service, you should periodically
review the most up-to-date version located at
http://www.metalosate.com/t/terms). Albion may, in its sole discretion, modify
or revise or these Terms of Service and policies at any time without notice and
any such changes shall be effective upon posting, and you agree to be bound by
such modifications or revisions. Nothing in these Terms of Service shall be
deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users
of the Service, including users who are also contributors of Content on the
Service. “Content” includes the text, tissue and/or soil data, software,
scripts, graphics, photos, interactive features and other materials you may
view on, access through, or contribute to the Service.
B. The Service may contain hyperlinks or
pointers to third party websites that are not owned or controlled by Albion.
The links to any such third party websites are provided for your convenience
and information only. Albion has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party websites.
In addition, Albion does not endorse, authorize, sponsor or affiliate with any
third-party site and Albion will not and cannot censor or edit the content of
any third-party site. By using the Service, you expressly relieve Albion from
any and all liability arising from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave the Service and to read the terms
and conditions and privacy policy of each other website that you visit.
3. T.E.A.M. Accounts
A. In order to access some features of the
Service, you will have to create a T.E.A.M. account. You may never use
another's account without permission. When creating your account, you must
provide accurate and complete information. You are solely responsible for the
activity that occurs on your account, and you must keep your account password
secure. You must notify Albion immediately of any breach of security or
unauthorized use of your account.
B. Although Albion will not be liable for
your losses caused by any unauthorized use of your account; you may be liable
for the losses of Albion or others due to such unauthorized use.
4. General Use of the Service—Permissions and
Restrictions
Albion hereby grants you
permission to access and use the Service in accordance with these Terms of
Service, provided that:
A. With the exception of a single electronic
copy of the report which you may retain for reference and archival purposes,
you agree not to further distribute in any medium any part of the Service or
the Content without Albion’s prior written authorization.
B. You agree not to alter or modify any part
of the Service.
C. You agree not to use the Service for any
of the following commercial uses unless you obtain Albion’s prior written
approval:
the sale of access to the
Service; or
the sale of advertising,
sponsorships, or promotions placed on or within the Service or Content.
D. You agree not to use or launch any
automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Service
in a manner that sends more request messages to the Albion’s servers in a given
period of time than a human can reasonably produce in the same period by using
a conventional on-line web browser.
E. You agree not to collect or harvest any
personally identifiable information, including account names, from the Service,
nor to use the communication systems provided by the Service (e.g., comments,
email) for any commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Service with respect to their Content.
F. In your use of the Service, you will
comply with all applicable laws.
G. Albion reserves the right to discontinue
any aspect of the Service at any time.
5. Your Use of Content
In addition to the general
restrictions above, the following restrictions and conditions apply
specifically to your use of Content.
A. The Content on the Service, and the
trademarks, service marks and logos ("Marks") on the Service, are
owned by or licensed to Albion, subject to copyright and other intellectual property
rights under the law.
B. Content is provided to you AS IS. You may
access Content for your information and personal use solely as intended through
the provided functionality of the Service and as permitted under these Terms of
Service. You shall not download any Content unless you see a “download” or
similar link displayed by Albion on the Service for that Content. You shall not
copy, reproduce, distribute, transmit, broadcast, display, sell, license, or
otherwise exploit any Content for any other purposes without the prior written
consent of Albion or the respective licensors of the Content. Albion and its
licensors reserve all rights not expressly granted in and to the Service and
the Content.
C. You agree not to circumvent, disable or
otherwise interfere with security-related features of the Service or features
that prevent or restrict use or copying of any Content or enforce limitations
on use of the Service or the Content therein.
D. You understand that when using the
Service, you may access Content from a variety of sources, and that Albion is
not responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such Content. You further understand and acknowledge
that you may be exposed to Content that is inaccurate and you agree to waive,
and hereby do waive, any legal or equitable rights or remedies you have or may
have against Albion with respect thereto, and, to the extent permitted by
applicable law, agree to indemnify and hold harmless Albion, its owners,
operators, affiliates, licensors, and licensees to the fullest extent allowed
by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
A. As a T.E.A.M. account holder you may
submit Content to the Service, including tissue and/or soil data. You
understand that Albion does not guarantee any confidentiality with respect to
any Content you submit.
B. You shall be solely responsible for your
own Content and the consequences of submitting and publishing your Content on
the Service. You affirm, represent, and warrant that you own or have the
necessary licenses, rights, consents, and permissions to publish Content that
you submit; and you license to Albion all patent, trademarks, trade secret,
copyright or other proprietary rights in and to such Content for use with the
Service pursuant to these Terms of Service.
C. Any submission by you becomes the
property of Albion and you grant Albion a worldwide, unrestricted,
non-exclusive, irrevocable, royalty-free, sublicenseable and transferable
license to use, reproduce, reconstitute, distribute, modify, prepare derivative
works of, display, transmit, or perform the Content in connection with the
Service and Albion’s (and its successors' and affiliates') business, including
without limitation for promoting and redistributing part or all of the Service
(and derivative works thereof). You also hereby grant each user of the Service
a non-exclusive license to access your Content through the Service, and to use,
reproduce, reconstitute, distribute, display and perform such Content as permitted
through the functionality of the Service and under these Terms of Service. You
further agree that Albion is free to use any ideas, concepts, know-how or
techniques that you provide for any purposes.
D. You further agree that Content you submit
to the Service will not contain third party copyrighted material, or material
that is subject to other third party proprietary rights, unless you have
permission from the rightful owner of the material or you are otherwise legally
entitled to post the material and to grant Albion all of the license rights
granted herein.
E. Albion does not endorse any Content
submitted to the Service by any user or other licensor, or any opinion,
recommendation, or advice expressed therein, and Albion expressly disclaims any
and all liability in connection with Content. Albion does not permit copyright
infringing activities and infringement of intellectual property rights on the
Service, and Albion will remove all Content if properly notified that such
Content infringes on another's intellectual property rights. Albion reserves
the right to remove Content without prior notice.
7. Account Termination Policy
A. Albion will terminate a user's access to
the Service if, under appropriate circumstances, the user is determined to be
an offender.
B. Albion reserves the right to decide
whether Content violates these Terms of Service for reasons other than
copyright infringement. Albion may at any time, without prior notice and in its
sole discretion, remove such Content and/or terminate a user's account for
submitting such material in violation of these Terms of Service.
8. Warranty Disclaimer
MATERIAL ON THIS SITE IS
PROVDED “AS IS” AND DOES NOT CONSTITUTE A WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALBION, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THIS INCLUDES BUT IS NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AN NON-INFRIGEMENT. IT ALSO INCLUDES ANY EXPRESSED OR IMPLIED
WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. ALBION
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. ALBION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND ALBION 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.ALBION MAY CHANGE THE INFORMATION ON THIS
SITE, OR THE PRODUCTS MENTIONED AT ANY TIME WITHOUT NOTICE. MENTION OF
NON-ALBION PRODUCTS OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT
CONSTITUTE AN ENDORSEMENT NOR A RECOMMENDATION.
9. Limitation of Liability
IN NO EVENT SHALL ALBION,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Indemnity
To the extent permitted by
applicable law, you agree to defend, indemnify and hold harmless Albion, its
parent corporation, officers, directors, employees and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from: (i)
your use of and access to the Service; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any claim
that your Content caused damage to a third party. This defense and
indemnification obligation will survive these Terms of Service and your use of
the Service.
11. Ability to Accept Terms of Service
You affirm that you are
either more than 18 years of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able and competent to enter into
the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service on behalf of yourself or your
company, and that you and your company will abide by and comply with these
Terms of Service.
12. Assignment
These Terms of Service, and
any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by Albion without restriction.
13. Copyright
Unless otherwise indicated,
information contained in this Site is Copyright © 2000-2010, Albion
Laboratories, Inc. ("Albion") or the original creator of the
material. All Rights Reserved. Except as stated herein, none of the material
may be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording, or otherwise, without the
prior written permission of Albion or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site
for personal, informational, non-commercial use only; provided you do not
modify the materials and that you retain all copyright and other proprietary
notices contained in the materials. You also may not, without Albion’s
permission, "mirror" any material contained on this Site on any other
server. This permission terminates automatically if you breach any of these
Terms. Upon termination, you must immediately destroy any downloaded and
printed materials. Any unauthorized use of any material contained on this Site
may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
14. Trademarks
All product and brand names
are trademarks or registered trademarks of their respective holders. Albion’s
trademarks may be used publicly only with prior written permission from Albion.
Fair use of Albion’s trademarks in advertising and promotion of Albion’s
products requires proper acknowledgement.
15. Compliance
Albion makes no
representation that the information contained in this Site or that access to
this Site is appropriate or available for use throughout the world. You are
responsible for compliance with all applicable local laws in the geography from
which you access this Site, including but not limited to, all applicable export
and import laws and regulations. Any claims relating to Albion’s Site shall be
governed by the laws of the State of Utah, USA, exclusive of its conflict of
law provisions.
16. General
You agree that: (i) the
Service shall be deemed solely based in Utah; and (ii) the Service shall be
deemed a passive website that does not give rise to personal jurisdiction over
Albion, either specific or general, in jurisdictions other than Utah. These
Terms of Service shall be governed by the internal substantive laws of the
State of Utah, without respect to its conflict of laws principles. Any claim or
dispute between you and Albion that arises in whole or in part from the Service
shall be decided exclusively by a court of competent jurisdiction located in Salt
Lake County, Utah. These Terms of Service and any other legal notices
published by Albion on the Service, shall constitute the entire agreement
between you and Albion concerning the Service. If any provision of these Terms
of Service is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and Albion’s
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. Albion reserves the right to
amend these Terms of Service at any time and without notice, and it is your
responsibility to review these Terms of Service for any changes. Your use of
the Service following any amendment of these Terms of Service will signify your
assent to and acceptance of its revised terms. You and Albion agree that any
cause of action arising out of or related to the services must commence within
one (1) year after the cause of action accrues. Otherwise, such cause of action
is permanently barred.