The Website, App, and the content and all intellectual property rights included in or associated with the Website or App, including, but not limited to patents, copyrights, trademarks, service marks, logos, are either owned by SupPlant or owned by others and licensed to us. All rights, title and interest in and to
the Website or App and such Content remains with us or our licensors. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website, App or in the Content. You agree not to access the Service by any means other than through the interface SupPlant provides via the Website or App for use in accessing the Service. Your use of the Website, App or Service does not grant you any right, license or permission of any kind to reproduce or use SupPlant’s intellectual property.
Linking and Third-Party Content
The Website, App and Service may contain links to third party websites not under our control or operation. SupPlant or users may provide any such links only as a convenience; SupPlant does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Website and/or App and/or Service may contain news, advertisements, content, image and information published by various third-party providers. Use of any such third-party content may be conditioned upon such third party’s terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Limitation of Liability
Your use of our Website and/or App is at your sole risk, and SupPlant shall not be liable to you, and you shall be solely responsible, for the selection, use, and suitability of the Website, App and the information, content, merchandise and experiences provided via the Website and/or App. SupPlant shall not be liable to you, and you by making use of the Website and/or App you waive any claim against SupPlant, for any direct, indirect, incidental, special, exemplary, punitive, or consequential or any other damages in connection with your use of the Website or App, or purchase or use of products, merchandise.
Without detracting from the generality of the foregoing, SupPlant warrants that any Apps and/or Services will perform substantially as described in any SupPlant materials that accompany the Services description. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond SupPlant’s reasonable control. Any “advice” or “recommendations” made under the DSS technology are not a promise or guaranty of any particular results, and you may use them solely at your own risk. SupPlant DOES NOT GUARANTY ANY RESULTS, INCLUDING WITHOUT LIMITATION WATER SAVINGS OR CROP YIELDS.
For the sake of avoiding any doubt, SupPlant does not represent, warrant, undertake or guarantee that the use of its Services will lead to any particular outcome or result. SupPlant will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
These limited warranties apply when the first user subscribes to the Services or App and continues for as long as the Services or Apps are in use. SupPlant gives no other express warranties, guaranties or conditions. SupPlant excludes all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow
the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this limited warranty, then that longer term will apply, but you can recover only the remedies that this limited warranty allows.
EXCEPT FOR WARRANTIES SPECIFICALLY CONTAINED IN THIS WARRANTY, SupPlant DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING. SupPlant DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFORMITIES WILL BE CORRECTED. THE FAILURE OF PRODUCTS YOU ACQUIRE FROM THIRD PARTIES OR THEIR SUPPLIERS WILL NOT AFFECT YOUR OBLIGATIONS TO SupPlant. FOR THE SAKE OF AVOIDING ANY DOUBT, THESE ARE YOUR SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES, AND YOU HEREBY WAIVE ANY RIGHTS TO ANY OTHER CLAIMS IN RELATION TO THE SAME. SupPlant DOES NOT GUARANTY ANY RESULTS, INCLUDING WITHOUT LIMITATION WATER SAVINGS OR CROP YIELDS.
Your rights and remedies set forth in this Warranty are exclusive and in lieu of all other rights and remedies (except to the extent that applicable law prohibits agreements to disclaim warranties or limit liabilities).
Data Collection and Use
Dated: November 9, 2020