These Terms and Conditions of Use (“Terms”) as updated from time to time at the sole discretion of Full Circle Probiotic for Plants (“Full Circle”) and its parents, affiliates, successors and assigns apply to websites (each a “Site”) owned and/or operated by Full Circle, applications, software, products and services (collectively, “Services”) provided by Full Circle to the fullest extent permitted by law; and to Full Circle-branded mobile applications and social media presences, except where superseded or modified by a separate agreement. Any separate agreements will accompany the applicable Services or be clearly noted. You should not access this Site or use our Services until you have carefully read and agreed to these Terms, and you acknowledge that by accessing this Site or using our Services you are accepting the Terms.
Effective Date: July 31, 2018
Full Circle may revise and update these Terms as necessary to clarify or improve Services without notice to you. It is your responsibility to check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site and our Services. The effective date of our Terms is shown above. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made. If material changes are made, revised Terms and effective date will be posted on this Site. By using the Site or Services following any modifications to the Terms, you agree to be bound by such modifications.
Full Circle reserves the right, for any reason, in its sole discretion and without notice to you, to remove, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, pricing, products, capabilities, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability (collectively, “Content”), and will not be liable to you or to any third party for doing so. Full Circle may also impose rules for and limits on use of the Site or restrict access to part, or all, of the Site without notice or penalty. Full Circle has the right to change these rules and/or limitations at any time, in its sole discretion.
Using the Site
By using this Site and/or Services, you agree to the Terms. If you do not agree to these Terms, you may not access or use the Site and/or Services; however, notwithstanding the foregoing, your use of the Site and/or Services conveys your agreement with and acceptance of the Terms. Subject to your compliance with the Terms, Full Circle provides you with access to and use of the Site. No material from the Site may be copied, reproduced, quoted, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site or otherwise provided for in writing by Full Circle.
Links from FullCircleSoil.com to other websites
You may be able to link to third party websites (“External Sites”) from the Site. When you select a link to External Sites, you leave the Site and are subject to the privacy and security policies of the External Sites. Please note, however, that Full Circle:
· Does not control, review, examine or guarantee in any way the accuracy, relevance, timeliness or completeness of information contained on External Sites;
· Does not endorse or associate with the organizations sponsoring External Sites or the views they express or the products and services they offer;
· Cannot and does not authorize the use of copyrighted materials found in External Sites (you must request authorization from the sponsor of the External Sites if you wish to use copyrighted materials from those sites);
· Is not responsible for transmissions you may receive from External Sites, or the content, availability, advertising, products, information or use of user information or other materials of any such External Sites, or any additional links contained therein;
· In no event shall be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the External Sites or the information or material accessed through these External Sites (you should direct any concerns to that site’s administrator or webmaster); and
· Reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the External Sites from the Site and/or introduce alternate features or links to different users.
Links from other websites to FullCircleSoil.com
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Full Circle at 7806 Summit Drive, Pasadena, MD, 21122. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time. You are responsible for keeping any links that you post current.
You may not use our Site or Services in violation of any applicable laws or regulations. Except as expressly authorized by Full Circle in writing, you may not copy, download, stream, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, make available, frame, deep-link to, transmit or re-transmit the Services, any part thereof, or any materials derived therefrom, except as set forth in these Terms or applicable separate agreement. You may not use the Site or Services for any business or commercial purposes or otherwise build a business based on any portion of the Site or Services. You may not disable, remove or otherwise circumvent through any means any digital rights management, content protection or access control measure associated with the Site or proprietary rights notices or indications of source such as ©. You may not post material that reveals trade secrets, unless you own them or have the permission of the owner; infringes on any other intellectual property, privacy or publicity right of another; or that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
User Age and Access
By submitting information through this Site, you represent that you are at least 18 years of age. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose.
Full Circle may retain data, including personally identifiable information (“PII”), for as long as we need in order to manage our risk and fulfill our obligations to governments and insurance carriers. Due to escalating global cybersecurity threats, Full Circle discourages you from providing PII of any nature beyond that which is minimally required to conduct business ethically and lawfully, and you accept all responsibility and liability for any losses or damages by providing PII beyond those limits.
The Site may be used only for lawful purposes by individuals using authorized Services. You may not use any portion of the Site for any unlawful purpose, and you may not encourage or facilitate conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol. You are responsible for all of your own materials, information and communications you upload, post, transmit or otherwise distribute on or through the Site, and are responsible for the consequences of their posting on or through the Site. You are prohibited from and agree not to undertake or induce others to undertake the following conduct or communication on or through the Site:
· Interfering in any way with any other user’s ability to use the Site or Services;
· Threatening, abusing, harassing or invading the privacy of any third party;
· Covering, removing, blocking or obscuring any Content, advertisements of any kind or other portions of the Site;
· Uploading any content, material or information that is incomplete, false, inaccurate, not your own, fraudulent, infringes on the rights of any third party, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate including but not limited to images of a sexual nature, or otherwise unlawful;
· Attempting to gain unauthorized access to other computer systems or networks connected to the Site;
· Advertising any commercial endeavor or otherwise engage in any commercial activity including but not limited to offering products or services, conducting raffles or contests or displaying sponsorship banners or soliciting funds, advertisers or sponsors, whether or not for profit;
· Soliciting or collecting information about other users of the Site or use any such information for unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation or for any other commercial purposes;
· Impersonating any other person or entity;
· Manipulating or forging any TCP/IP packet header or any part of the header information or identifiers in any email or newsgroup posting in order to disguise you or the origin of your PII;
· Misrepresenting your professional or other affiliation with us or with any other party and/or in a manner that suggests an association with our products, services or brand; or
· Transmitting or transferring by any means information or software derived from the Site to foreign countries or certain foreign nations in violation of United States of America export control laws.
You may not insert any code into or manipulate the Site in any way. You may not use any technology, software, or services in connection with the Site that are intended or function to block or obstruct any advertisements of any kind, or obscure or disguise your location when you are accessing the Site. You may not use any manual or automated software robots, spiders, crawlers or other tools to access, scrape, aggregate or otherwise use the Site or any part thereof. You may not impose an unreasonable burden or load on the Site or its infrastructure.
Any and all noncompliance with the Terms is done at your own risk and liability, and you shall hold harmless Full Circle by having any noncompliance irrespective of Full Circle’s ability to identify and/or act upon your noncompliance. Notwithstanding the foregoing, you are responsible for notifying Full Circle immediately upon identifying any noncompliance, and you retain all other responsibilities and liabilities associated therewith.
Violations of system or network security may result in civil or criminal liability. Full Circle will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
· Unauthorized accessing or attempting to access to the Site or any data or other information of ours or of any third party not intended for such user or logging into a server or account which you are not authorized to access;
· Unauthorized attempts to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
· Uploading a software virus or any other computer code or materials that may disrupt, damage, or limit the functioning of the Site or any computer software, hardware or telecommunications equipment associated with the Site;
· Interfering or attempting to interfere in any way with the Site, Full Circle’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; or
· Interfering or attempting to interfere in any way with service to any user, host or network, including, without limitation via means of submitting a virus to the Site, “overloading”, “flooding”, “crashing”; or uploading unsolicited bulk communications of any kind including but not limited to sending “mailbombs” such as emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent or “spam” such as unsolicited emailing for business or other purposes.
You are responsible to immediately notify Full Circle of any unauthorized use or other violations to the Terms, applicable rules and/or laws, and you are responsible to provide any regulatory or other notices as may be required nationally or locally. You may not attempt any of the actions set forth in the “Prohibited Uses” Section or authorize, facilitate or induce others to do so.
We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Full Circle controls and operates the Site from its offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand and agree that the Site and Services, including, without limitation, all content, function, materials and services are provided “as is,” and “as available” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. Full Circle does not warrant that the Site or the Services, or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Full Circle makes no warranty that the Site or the Services will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site or the Services shall create any warranty not expressly made herein.
Limitation of liability in no event shall Full Circle, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the Services or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Full Circle or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of Full Circle to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00.
If you are dissatisfied with the Site and/or the Services, your sole remedy is to discontinue using the Site and the Services. Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material. Full Circle does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site or the Services. Full Circle is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of Full Circle.
You agree to defend, indemnify and hold harmless Full Circle, its directors, officers, employees, agents and affiliates from and against any and all claims, liabilities, damages, costs and expenses (including reasonable legal fees and costs) in any way arising from, related to or in connection with your use of the Site and/or Services, your breach of the Terms, any misrepresentation made by you in connection with your use of the Site or Services, or the posting or transmission of any materials on or through the Site and/or Services by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Jurisdiction and Applicable Law
You agree that the laws of the state of Maryland, excluding its conflicts-of-law rules, shall govern these Terms. Your use of the Site and/or the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Full Circle or relating in any way to your use of the Site and/or the Services resides in the state and federal courts of Anne Arundel County, Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Anne Arundel County.
Consent to Processing Information
By providing any personal information to the Site and/or to Full Circle, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Any inquiries concerning these Terms should be directed to: email@example.com.
Notices to you may be made via either email or regular mail unless otherwise agreed to in writing by you and by Full Circle. Notices to Full Circle shall be by certified or overnight mail unless otherwise agreed to in writing by Full Circle. The Site and/or Full Circle may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with the Terms, with any applicable agreement between you and Full Circle, or with the Site, please contact us at firstname.lastname@example.org or at 7806 Summit Drive, Pasadena, MD, 21122.
The paragraph/section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms, including any additional terms, represent the entire understanding of Full Circle and you regarding the subject matter of the Terms and supersede any and all prior and contemporaneous agreements and understandings between Full Circle and you regarding the subject matter of the Terms. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between Full Circle and you as a result of these Terms or your use of the Site or the Services. These Terms may not be amended, altered or waived except in writing by the party to be charged. Any claim or cause of action you may have with respect to Full Circle or the Site must be commenced within one (1) year after the claim or cause of action arose or be forever barred.
The failure of Full Circle to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect.
These Terms are binding upon and shall inure to the benefit of Full Circle and its respective successors, heirs, executor, administrators, personal representatives and assigns. You shall not assign your rights or obligations hereunder without our prior written consent, and any such assignment shall be void and invalid at the outset.
© Copyright 2018 by Full Circle Probiotic for Plants. All rights reserved.