These Terms and Conditions, together with any documents expressly incorporated by reference (collectively, "Terms"), are entered into among you personally (i.e., the individual who reads and agrees to be bound by these Terms), any corporation or other legal entity on whose behalf you access the Website (collectively, as applicable, "you"), and Soiltech Wireless Inc., a Delaware corporation ("Company," "we," or "us"). The Terms govern your access to and use of soiltechwireless.com, including any content, functionality, and services offered on or through soiltechwireless.com (the "Website").
Please read these Terms carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.soiltechwireless.com/privacy ("Privacy Policy"), which is incorporated into these Terms by this reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
If you have entered into another agreement with us concerning specific products or services, including any Master Service Agreement, Software as a Service Agreement, or similar agreement (each, a "Master Agreement"), then the terms of that agreement apply to your use of the Website in addition to these Terms and, in the case of a conflict, the terms of the Master Agreement control.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all requirements to use the Website as described in these Terms.
We may revise and update these Terms from time to time in our sole discretion. You can determine when these Terms were last revised by referring to the "Last Modified" date at the top of this page. All changes are effective immediately when we post them and apply to all uses of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the revised Terms. You are expected to check this page periodically so you are aware of any changes.
We reserve the right to make changes to the Website at any time, in our sole discretion, without notice. We will not be liable if any part of the Website is unavailable for any period of time. We may restrict access to the Website at any time and for any reason.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms.
If you select or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to your credentials or any other breach of security. We have the right to disable any username, password, or other identifier at any time if, in our opinion, you have violated any provision of these Terms.
The Website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States, Canadian, and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.
These Terms permit you to use the Website for personal, informational, non-commercial purposes, or for legitimate business purposes relating to your role as a customer of the Company ("Permitted Purposes"). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as expressly permitted by these Terms.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the Company's prior written permission.
You are permitted to use the Website only for lawful purposes and in accordance with these Terms. You are expressly not permitted to:
To the extent the Website allows users to post, submit, publish, display, or transmit content or materials ("User Contributions"), you represent and warrant that any User Contribution you post is non-confidential and non-proprietary, that you own or control all rights in and to the User Contribution, and that all User Contributions comply with these Terms. You are solely responsible for any User Contributions you submit, including their legality, reliability, accuracy, and appropriateness.
By posting any User Contribution, you grant us and our affiliates and service providers a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, royalty-free licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties all materials in the User Contributions for any purpose.
We have the right to remove or refuse to post any User Contributions in our sole discretion, without notice.
We reserve the right, but have no obligation, to monitor your access to and use of the Website, take appropriate legal action in connection with any illegal or unauthorized use of the Website, and terminate or suspend your access to all or part of the Website for any or no reason, with or without notice, including any violation of these Terms.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website.
This Website may include content provided by third parties and by devices and sensors ("External Data"). We are not responsible or liable to you or any third party for the content, accuracy, or frequency of any External Data. We may update the content on this Website from time to time, but its content is not necessarily complete or up to date, and we are under no obligation to update such material.
You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Website is controlled and operated by the Company from the State of Idaho in the United States and is intended for use by persons located in the United States and Canada. The Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any other jurisdiction. If you access the Website from outside the United States or Canada, you do so at your own initiative and are responsible for compliance with local laws.
THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100).
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of Ada County, Idaho, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
Soiltech Wireless Inc.
250 E Eagles Gate Drive, Suite 240
Eagle, ID 83616
info@soiltechwireless.com