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Rights in Materials
As between you and us, we own the Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Services, and the look and feel, design and organization of the Services. This includes all intellectual property and proprietary rights in these materials. When you use the Services or access materials from the Services, you do not acquire any ownership of any such content, code, data, or materials.
The trademarks, logos, designs, images, slogans and trade names (collectively the “Trademarks”) displayed on the Services are our registered and/or unregistered Trademarks (or other rights holders) and may not be used without our prior written permission. The Trademarks may not be used in any manner that is likely to cause customer confusion, or that disparages or discredits us or the applicable rights holder. You do not receive, by implication or otherwise, any license or right to use any Trademark displayed on the Services without our prior written permission.
You are solely responsible for the accuracy and content of your User Information.
You may use the Services to share photographs or other content related to seed collection. You agree not to include personal information or other sensitive information in such content.
Seed Collection Marketplace
You may use the Services to share your seed collection data, to view other users’ seed collection data, and to communicate with other users for the purpose of entering into transaction. All transactions entered into between you and other users of the Services are entirely the responsibility of you and the counterparty user(s). We do not represent that the information made available by other users, including pricing information, is accurate, complete, or fair, and we have no responsibility or liability for any transaction you enter into using the Services or relying on information made available to you using the Services. You are strongly encouraged to do your own diligence prior to entering into any transaction using the Services.
Use of the Services
Your account and password may be used to access any of the Services. You are responsible for your use of the Services and for any use of the Services made using your account. Accordingly, you are responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account and password or other User Information.
Our goal is to create a positive and safe experience when you and others use the Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you may not:
· transmit any malicious or unsolicited software;
· use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Services;
· use automated methods to send more requests to the Services in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
· interfere with or disrupt the Services; or
· share content on the Services that you do not have the authority to share.
We reserve the right to suspend, refuse service and/or terminate access to the Services without prior notice for any user who violates these policies.
If you provide us with any ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (“Feedback”), whether oral or written, you grant us a non-exclusive, perpetual, irrevocable, transferable, royalty-free license to use any Feedback for any purpose, and we may do so without notice to you and without paying any compensation to you, unless prohibited by law, and you waive any moral rights you may have in such Feedback. All Feedback is and will be considered non-confidential and non-proprietary.
We may, at our own expense, assume the exclusive defense and control of any matter otherwise subject to compensation by you, and in such case, you agree to cooperate with our defense of such claim.
Third-Party Websites and Applications
You may also be able to access and use third-party websites, internet resources, or other information (each “Linked Resources”) through the Services. We have no responsibility for Linked Resources. The inclusion of any link to such Linked Resources anywhere on the Services does not imply our endorsement, sponsorship, or recommendation of that site or of any product or service offered by that Linked Resource. We do not promise that the contents of any Linked Resource are accurate or compliant with local, provincial or federal law, including any intellectual property laws. Your use of any Linked Resource is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR WHETHER WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT ARE SPEFICALLY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS WHATSOEVER REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR WHETHER WRITTEN OR ORAL, REGARDING INFORMATION, CONTENT, AND PRODUCTS AVAILABLE ON THE SERVICES; UPTIME OR UNINTERRUPTED ACCESS TO THE SERVICES.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED ON THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE FOREGOING EXCLUSIONS OF EXPRESS, IMPLIED OR STATUORY REPRESENTATIONS, CONDITIONS AND WARRANTIES MAY NOT APPLY TO THE EXTENT PROHIBITED BY PROVINCIAL OR FEDERAL LAWS. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WILDER CLIMATE SOLUTIONS, SCHOOLS WITHOUT BORDERS NOR EITHER OF ITS AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the arbitration rules, and the right to certain remedies and forms of relief. Other rights that you would have in court also may not be available in arbitration.
Last updated: 8/30/2023