This Terms of Service Agreement (“Agreement”) is made by and between Falcon Soil Technologies operator of falconsoil.com (collectively “Company”) and any person (collectively “you”, “your”, “I”, or “User”) who uses the Company’s Website (collectively, “Website” or “Site”), completes the registration process to open and maintain any free or fee based Internet account, and/or purchases any product or service (collectively, the “Service”) with the Company.
BY ACCESSING, USING, DOWNLOADING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE, DOWNLOAD OR INSTALL ANY PART OF THE SERVICE. THE TERMS OF THIS AGREEMENT MAY BE UPDATED PERIODICALLY AT THE SOLE DISCRETION OF COMPANY. EVERY TIME YOU ACCESS THE SERVICE, YOU REAFFIRM YOUR ACCEPTANCE OF THE CURRENT TERMS OF SERVICE AGREEMENT. A COPY OF THIS AGREEMENT SHALL BE ACCESSIBLE AT THE FOLLOWING ADDRESS: http://www.falconsoil.com/terms-of-use/
a. Description. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Site/Service, consisting of all fee and non-fee services offered on falconsoil.com.
b. Accessibility. You acknowledge, understand, and agree that, from time to time, the Site/Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company, regardless of foreseeability by Company.
c. Advertising. Company reserves the exclusive right to advertise, in any manner, on the Site/Service. You expressly permit and authorize Company, and third parties authorized by Company, subject to the Company Privacy Statement set forth in section 10 of this Agreement, to furnish information prepared by Company or by (or on behalf of) other entities, including information, advertisements, and solicitations via the Site/Service. You acknowledge, understand, and agree that any such information, advertisements, and solicitations are an inseparable part of the Site/Service, and you acknowledge, understand, and agree that the furnishing of such information, advertisements, and solicitations to you cannot be terminated unless the Service is also terminated. Company does not endorse the content of any third party productions, advertisements or solicitations. All such third party productions, advertisements and solicitations shall be understood to be “requested” by you, through the act of using or accessing the Service, and each time you use your account reaffirms such request. Company may, at its sole discretion, place third party advertising on websites created using the Site/Service. User shall not be entitled to revenue from any such advertising. Company’s policies relating to privacy and the collection and use of subscriber information are set forth in section 10 of this Agreement.
d. General Practices and Limits. You acknowledge, understand, and agree that Company may establish general practices and limits concerning use of the Site/Service. If applicable, these may include, among others, the data stored and retained by the Site/Service, the maximum data and/or bandwidth that may used by an account on the Site/Service, the maximum size of any e-mail messages that may be sent from or received by an account on the Site/Service, the maximum disk space allocated on Company’s servers on User’s behalf, and the maximum number of times (and the maximum duration for which) a subscriber may access the Site/Service in a given period of time. You acknowledge, understand, and agree that any limits Company establishes may differ for different portions of the Site/Service, and in particular, may be set at different levels for subscribers based on factors determined in Company’s sole discretion, which may or may not include, among others, a subscriber’s chosen service level, specific usage patterns, and/or a subscriber’s participation in certain programs designed to generate revenues for Company. You also acknowledge, understand, and agree that Company reserves the exclusive right to change these general practices and limits at any time, regardless of reason, and with or without notice.
i. All materials available through the Site/Service are protected by copyright, trademark, and other intellectual property rights. You acknowledge, understand, and agree that your use of such materials shall be governed by all applicable laws and regulations.
Publications. Whether fee based or free of charge, the Site/Service makes available various publications including, but not limited to, e-books, courses, conference calls, and videos (“Publications”). Company grants User a limited and non-exclusive license to use the Publications in conjunction with the Service and with limitations. If a fee is required, said fee must be paid prior to the granting of this license. The Publications license is limited to the right to view, print, and/or listen to Publications for individual use only. User may not reproduce and/or distribute Publications to any third party without the express written consent of Company, which written consent may be withheld for any reason at Company’s sole discretion. User may not under any circumstances offer Publications to third parties for sale and/or license even if the Publications are available via the Service at no charge. Company reserves the right to track and protect its intellectual property rights to the fullest extent of the law. Inclusion of Publications and or other content provided by third parties on the Website does not imply an endorsement of the included and/or cited material by Company.
ii. If you believe that material on Company’s Site/Service constitutes an infringement of your intellectual property rights including, but not limited to, copyright, trademark or patent infringement you must notify Company immediately using the following email address: info (at) falconsoil.com
You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth in section 3 of this Agreement; and (c) you have provided accurate and complete registration information, including, without limitation, your legal name, address, and telephone number.
You are solely responsible for any and all acts and omissions that occur under your account or password, regardless of circumstances, and you acknowledge, understand, and agree not to engage in any unacceptable use (as determined by Company at its sole discretion) of the Site/Service, which includes, without limitation, use of the Site/Service to: (a) disseminate intentionally misleading information (b) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email (collectively, “Spam”); (c) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (d) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of Company or any person; (e) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (f) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (g) interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (h) disseminate or transmit viruses, Trojan horses or any other malicious code or program; or (i) any other activity prohibited by applicable law or deemed at the sole discretion of the Company to be in conflict with the spirit or intent of this Agreement
a. Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Site/Service. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site/Service with your password. You must promptly notify Company if a credit card, user name or password is lost, stolen or used without permission. In such event, we shall cancel that credit card number, username, or password, and update our records accordingly. Company is not responsible for the validity of data posted to the Site/Service and/or security including, but not limited to, the personal and financial security of related transactions.
b. Privacy. It is the policy of the Company to respect your privacy. For detailed description of the types and uses of personal information collected from you, please read the Company Privacy Statement set forth in section 10 of this Agreement.
c. Links to Other Websites. The Site/Service may contain links to other websites and/or Publications available for purchase. A link should not be considered an endorsement of the linked entity, website, or materials available for purchase. You acknowledge, understand, and agree that Company is not responsible, directly or indirectly, for the practices or the content of linked websites.
d. Site Content Disclaimer. The content on the Site is for general informational purposes only and shall not constitute advice. It is the goal of the Site to provide accurate information, but Company cannot guarantee that the information provided is accurate or appropriate for User’s specific situation. Company makes absolutely no guarantees, either express or implied, regarding all content appearing on the Site, including, but not limited to, all Publications and other content contributions. Any and all actions by User regarding information appearing on and/or linked to the Site/Service is at User’s sole risk. Content contributions from third party authors do not imply an endorsement of the content by Company.
e. Public Forum. Areas of Site/Service content shall be made available for modification by the general public (“Public Forum”). User acknowledges, understands, and agrees that any information disclosed for inclusion in Public Forum becomes public information. The Site/Service may contain classified links to goods and services. The listing of goods or services on the Site/Service does not imply endorsement by Company of the goods and/or services offered. As part of the Site/Service, Company may also make chat rooms, forums, message boards, blogs, and news groups available to Users. Company is a distributor and not a publisher of information transmitted by persons using the Site/Service. By posting, uploading or transmitting material to Public Forum, you are requesting Company and/or its partners to make such material available to others, and you are acknowledging that placing such material in a public area shall result in copies of such material being transmitted to others. Company has no control over its use and all Users should exercise caution when deciding to disclose information. By uploading or transmitting information to Public Forum, you hereby grant Company (i) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from such material (in whole or in part), and to incorporate it whether now known or later developed, and (ii) warrant that the owner of any rights in the material, including intellectual property and moral rights, has waived such rights and has given you the right to grant the license described above. Company makes absolutely no guarantees, either express or implied, regarding Public Forum. Any and all actions by User regarding information posted in Public Forum is at User’s sole risk.
a. General. As a subscriber to any billable portion the Service, you are solely responsible for any charges to your account and any activities conducted through your account. By using a credit card or other payment method to pay for any billable portions of the Site/Service, you expressly authorize Company or its agents to charge all fees and other charges incurred in connection with your use or access of the Service to the credit card or other payment method you have designated, and such authorization shall remain valid unless terminated pursuant to section 6 of this Agreement. If you use a credit card and Company does not receive payment from the card issuer or its agents, you agree to immediately pay all amounts due upon demand by Company. Fees are non-refundable, except as otherwise provided in this Agreement. If applicable, you may change your payment method by logging onto your account and choosing the appropriate links. In addition to fees for your subscription to any billable portion of the Site/Service, you agree to pay all sales, use, value-added, personal property or other governmental taxes or levies imposed on fees for the Service or goods or services that you purchase through the Site/Service. Failure to make payment for any billable portion of the Site/Service may result in immediate termination of your ability to access the Site/Service and the assessment of late charges of 1.5% per month or to the highest amount allowable by law (if less).
b. Auto-Renewal of Monthly Subscriptions. Should Company decide to offer subscription-based memberships to any portion of the Site/Service, your subscription to any subscription-based billable portion of the Site/Service shall continue and renew automatically on a month-to-month basis, unless terminated pursuant to section 6 of this Agreement. Company reserves the sole right at any time to change its fees and charges for use of portions of the Site/Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. You may obtain current pricing information for different Service levels, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges by contacting Company through the Site, or by visiting any billing/services webpage Company may provide. Company may modify the means of accessing rates and billing information in its sole discretion.
a. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason with (30) days prior notice provided via Company’s Website. Receipt of notice must be confirmed by Company.
b. Company may monitor use of the Site/Service and reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i.) remove data or disable access to all or any portion of the Site/Service; (ii.) suspend your access to or use of all or any portion of the Service; and (iii.) terminate this Agreement.
c. In the event that Company ceases operation of Service or otherwise terminates access or removes data, Company is not liable for any indirect, incidental, consequential, special or punitive damages.
THE SITE/SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE INCLUDING ALL INFORMATION TRANSMITTED VIA THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE SHALL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS OBTAINED VIA THE SITE/SERVICE INCLUDING RESULTS OBTAINED BY ACTING ON PUBLICATIONS, PRODUCTS AND/OR SERVICES THAT MAY BE OBTAINED BY OR THROUGH USE OF THE SITE/SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAY KEEP BACKUP DATA FILES INCLUDING, BUT NOT LIMITED TO, USER’S SERVICE RELATED FILES AND SETTINGS AT ITS SOLE DISCRETION, BUT IS NOT REQUIRED TO DO SO PER THIS AGREEMENT.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE/SERVICE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE, ACCESS, OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY DELETION OF FILES, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6 OF THIS AGREEMENT.
COMPANY MAY MONITOR SITE/SERVICE FOR INSTANCES OF MISUSE, BUT IS NOT REQUIRED TO DO SO. COMPANY IS NOT OBLIGATED TO TAKE ANY STEPS TO PREVENT OR CORRECT ANY ILLEGAL, ABUSIVE OR OTHERWISE INAPPROPRIATE ACTIVITY THAT APPEARS AS CONTENT ON THE SITE/SERVICE, NOR IS COMPANY OBLIGATED TO ARCHIVE OR OTHERWISE MAINTAIN ANY REPRODUCTION OF THE CONTENT THAT APPEARS ON THE SITE/SERVICE FOR FUTURE REFERENCE. COMPANY IS NOT LIABLE FOR ANY ACTION OR INACTION WITH RESPECT TO ANY CONTENT ON THE SITE/SERVICE. IF YOU BELIEVE THAT ANOTHER USER IS USING THE SITE/SERVICE WITHOUT ADHERENCE TO THE ACCEPTABLE USE POLICY SET FORTH IN SECTION 3 OF THIS AGREEMENT, YOU ARE ENCOURAGED TO CONTACT COMPANY IMMEDIATELY. HOWEVER, COMPANY IS NOT REQUIRED TO ACT IN ANY SUCH INSTANCE. COMPANY MAKES SIGNIFICANT EFFORTS MEETING OR EXCEEDING INDUSTRY STANDARDS TO ENSURE THE SECURITY OF THE SERVICE AND RELATED INTERNET TRANSMISSIONS, BUT DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT ABSOLUTE SECURITY OF INTERNET TRANSMISSIONS.
INFORMATION OBTAINED VIA THE SITE/SERVICE IS: GENERAL INFORMATION PROVIDED AS PART OF THE COMPANY’S ROLE IN DISSEMINATION OF INFORMATION TO THE PUBLIC. THE SITE/SERVICE IS NOT INTENDED TO BE AND SHOULD NOT BE SUBSTITUTED FOR PROFESSIONAL, SCIENTIFIC, MEDICAL, TECHNICAL OR EXPERT ADVICE. SITE/SERVICE CONTENT IS SUBJECT TO UNCERTAINTIES OF ADVANCED SCIENTIFIC AND TECHNICAL RESEARCH AND CREATIVE REPRODUCTION, MAY NOT BE ACCURATE, CURRENT OR COMPLETE, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SHOULD NEVER BE RELIED UPON AS THE BASIS FOR USER’S DOING OR FAILING TO DO SOMETHING. ADVICE OF A COMPETENT LEGAL, TAX, ACCOUNTING, MEDICAL OR OTHER APPROPRIATE PROFESSIONAL SHOULD BE SOUGHT BEFORE ACTING ON ANY SITE CONTENT. UNDER NO CIRCUMSTANCE DOES THE INFORMATION AND ADVICE PROVIDED VIA THE SITE/SERVICE CONSTITUTE AN ALTERNATIVE TO PSYCHOLOGICAL OR PHYSICAL PROFESSIONAL ADVICE. COMPANY IS NOT RESPONSIBLE FOR THE USE, BY ANY PERSON OR ENTITY, OF INFORMATION TRANSMITTED VIA THE SITE/SERVICE INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, PUBLICATIONS, AND/OR PUBLIC FORUM DATA. INFORMATION TRANSMITTED VIA THE SITE IS ACTED UPON AND/OR POSTED AT USER’S SOLE RISK. USER ASSUMES FULL RESPONSIBILITY FOR ALL USES OF THE SITE/SERVICE. COMPANY SHALL NOT BE LIABLE FOR DAMAGES RELATED TO USERS ACTIONS BASED ON USE OF THE SITE/SERVICE.
You agree to indemnify, hold harmless and defend Company, its members, shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, entity, partnership, organization, association or otherwise, arising out of or relating to: (a) this Agreement; (b) your use of or access to the Site/Service, including, but not limited to, any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
a. General. Company shall not monitor, edit, or disclose any personal information about User or User’s account, including its contents or User’s use of the Service, without User’s prior written consent unless Company has a good faith belief that such action is necessary to: (i) comply with any legal process or other legal requirements of any governmental authority, (ii) protect and defend the rights, interests, or property of Company, (iii) enforce this Agreement, (iv) protect the interests of users of the Service other than User or any other person, entity, partnership, organization, association or otherwise, (v) operate or conduct maintenance and repair of Company’s services or equipment, including the Service as authorized by law, or (vi) if release/disclosure of the information to third party providers is required to enhance the functionality of the service. User’s IP address may be transmitted and recorded with each User session. Company may use collected information to directly contact Users without limitation.
i. Contact Information: Company may collect general personal contact information such as name, phone, billing address, email address and fax number for free and fee based Service subscriptions.
iii. Internet Protocol Address (“IP”): Company web logs collect standard web log entries for each page served, including your IP address, page address and timestamp.
iv. Data Storage: Data transferred via the Site may be stored by Company indefinitely. Data storage including the amount of time that data is stored is at the sole discretion of Company. Company is NOT required to store information transmitted via the Site for any reason.
v. Billing/Credit or Charge Card Information: Company does not accept credit card information via this website.
c. Use of Aggregate Information. Company may, at its sole discretion, share aggregate information, such as and without limitation, the number of Website visits, and demographic breakdown, to third parties by combining aspects of personal information into an anonymous pool.
d. Security of Personal Information. Information security is of the utmost importance to Company, however, no transmission of data over the Internet is guaranteed to be completely secure. Company shall not guarantee or warrant the security of any personal information transmitted to or from it. Any such transmission is made solely at User’s risk. Personal information that is posted by User to Public Forum via the Site/Service is available to the public and shall not be considered private information for the purposes of this Agreement/Privacy Statement. Posting of personal information to Public Forum is done solely at User’s risk.
e. Links. Company’s Site/Service may contain links to other Internet websites. These websites are not under the control of Company and Company does not control linked websites’ privacy and/or user agreements. Company does not grant any warranties (express or implied) nor does Company have any liability for information transferred and conferred to or from linked websites.
a. Independent Parties. The parties and their respective personnel are independent and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
b. Amendment. Company shall have the exclusive right, at any time and without prior written notice, to add to or modify the terms of this Agreement, simply by publishing such amended terms at the following URL: http://www.falconsoil.com/terms-of-use/. User’s access to or use of the Service after the date such amended terms are published on the Site shall be deemed to constitute acceptance of such amended terms.
c. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by Company.
d. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision shall be enforced to the maximum extent possible and the other provisions shall remain fully effective and enforceable.
e. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or e-mail to either parties’ last known post office, facsimile or e-mail address, respectively. You hereby consent to notice by e-mail. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, provide to the other party.
f. Governing Law. This Agreement is made in and shall be governed by the laws of the State of New York without reference to any conflicts of laws.
g. Dispute Resolution. Any and all disputes relating to or arising out of this Agreement including, but not limited to, the arbitrability and the validity of this Agreement shall be resolved by binding arbitration in Monroe, NC. Arbitration shall be administered by the American Arbitration Association (“AAA”), by a single arbitrator pursuant to the AAA Commercial Arbitration rules. The prevailing party shall be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorneys’ fees, court costs, reasonable costs of investigation and other related expenses incurred in connection therewith.
h. Headings. The captions and headings of this Agreement are included for ease of reference only and shall be disregarded in interpreting or construing this Agreement.
i. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by any cause beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
j. Survival. The respective rights and obligations of the parties under sections 2, 3, 4(b), 7, 8, 9, 10, and 11 shall survive any termination or expiration of this Agreement.
k. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.