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TERMS OF USE


Effective November 20, 2012

Using our Services
This terms of use (the “TOU”) describes your rights and responsibilities and states the provisions under which you may use www.agchainsplus.com ("Site") and the information contained and made available via our Site ("Services"). The terms “you” and “your” as used herein refers to all individuals and/or entities accessing our Services for any reason. Likewise the terems "us", "we", and "our" used herein refers to Ag Chains Plus, Inc. ("ACP") staff and personnel. This TOU and our separate Privacy Policy are collectively referenced as the “Agreement”. By continuing your use of our Services, you are indicating your acceptance of the Agreement between you and Ag Chains Plus, Inc. ("ACP") and to be bound by the Agreement.

We reserve the right to modify this TOU from time to time, without advance notice, due to changes in our Services, changes in our business practices, incorporating advancements in technology, or any other business reason. Your continued use of our Services after any modifications shall constitute your acceptance of such modification. If you do not accept and agree to any such amendment, you should immediately stop using our Services. To remain current with the most recent TOU, return to this page often.

Who Can Use Our Services
Anyone can access and view any content displayed on our Site. Although the information available on our Services does not contain adult sensitive material, ACP strongly encourages parents and guardians of children under the minimum legal age limit to monitor their child’s online activities for ensuring you child is not exposed to information that is not suitable for them.

Our Authority
We have the sole authority and discretion to operate and maintain our Services. Accordingly, we reserve the right to remove any content, picture, or posting from our Services at any time for any reason, without notice to you. We further reserve the right to discontinue existing Services, modify existing Services, or add new Services at any time.

Permissions
Software in our Services–When our Services require or include downloadable software, this software may update automatically on your device once a new version or feature is available. Your device may let you adjust your automatic update settings.

Rights to Software–we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of our Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission in advance.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

Permitted Use–You agree to use Our Services for your personal or internal business purposes only. Unless you are an authorized reseller of our Services, you may not display, copy, reproduce, or distribute our Services, any component thereof, any documentation provided in connection with our Service, or any content, including but not limited to newsletters, distributed to you by us in connection with our Services.

Compliance with Laws–You agree to only use our Services for lawful purposes and you shall use our Services only in compliance with this TOU.

Your Content
Who can provide Content–all visitors can provide content to our Services. “Content” is defined as a submission of information via a web form.

Privacy–we take privacy seriously. You can find more information about how ACP uses and stores Content in our Privacy Policy.

Feedback and Suggestions–if you submit feedback or suggestions about our Services we may use your feedback or suggestions without obligation to you.

Rights and License–when you provide us with Content, you give us (and those who work with us and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Content works better with our Services), communicate, publish, publicly perform, and publicly display and distribute. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the Content, in any media known now or developed in the future.

Prohibited Content-ACP is a family centric organization and you agree to never upload any content that is pornographic in nature, displaying or describing dangerous or illegal acts, containing unlawful, obscene, defamatory or libelous material, sexually explicit material, racially offensive material, humanly degrading material, or promotes any act of cruelty to animals or other living things– hunting and fishing are not considered by ACP as cruelty to animals.

Do’s and Don’ts
Do–conduct yourself in a professional, friendly matter when interacting with OI, it affiliates, employees, third party service provider, or its Registered Users.

Don’t–spamming ACP, it affiliates, employees, or third-party providers is strictly prohibited.

Don’t–intentionally upload viruses, or other malicious code to our Services

Don’t–abuse, harass, threaten, malign, flame or intimidate ACP, its affiliates, employees, or our third party service providers through our Services or outside our Services, which include but are not limited to third party services that provide email, text, and instant message.

Don’t–impersonate another Registered User, ACP employee, affiliate, or third-party service provider

Don’t–promote or make solicitations for illegal or unauthorized activities

Don’t–knowingly violate any Federal, state or local laws and/or jurisdictions

Don’t–interface with or disrupt our Services, or any servers or networks connected to our Services, or disobey any requirements, procedures, policies, or regulations of networks used in connection with our Services.

Intellectual Properties
This TOU does not grant you any intellectual property rights in our trade name, trademarks, logos, our Services, and any content developed by us, which shall remain our intellectual property.

Links to Third Party Websites and Services
Our Services may contain links to websites that are controlled by third parties and access to certain third-party services, which may include, without limitation, social bookmarking services, social network platforms, and other websites ("Third Party Service"). These links and services are provided to you as a convenience, and we are not affiliated with or responsible for the content, action or performance of any linked website or Third-Party Service and you use such websites or services at your own risk.

Any Third Party Service accessed from our Services or any of their products is independent from us and we have no control over, and assume no responsibility for, the content, privacy policy, terms of use and practices of such website or service. Any such Third Party Service may have terms of use and a privacy policy different than ours and you should review the applicable terms and policies, including privacy and data gathering practices before proceeding.

You agree to abide by the terms and conditions of any applicable Third Party Service. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such Third Party Service to avoid the restrictions set forth in this Agreement.

We may terminate any Third Party Service's ability to interact with any of their products at any time, with or without notice, and in our sole discretion, with no liability to you or to the third party. Any Third Party Service may take actions to impact our ability to make available some or all of the features of their products at any time, with or without notice, and we will not be liable to you or to the third party for any such actions. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third Party Services.

In order to use some features of our Services, you must have access to a valid email or social networking account. You are solely responsible for paying any third-party fees associated with such third-party networks. You further agree that the ability to use some features of our Services may be subject to subscriber terms of use, contracts, capacity charges and/or other expenses established and enforced by your email service provider, internet service provider or other applicable service provider, all of which are your sole responsibility. You represent that use of our Services will not violate any rules, restrictions policies, or requirements of your email service provider, internet service provider or other applicable service provider.

In no event shall any reference to any third party or third party product or Third Party Service be construed as an approval or endorsement by us of that third party or of any product or service provided by such third party.

Indemnification
You hereby agree to defend, indemnify and hold harmless ACP and our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents from and against any damages, losses, liabilities, penalties, settlements and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any actual or alleged breach by you of this Agreement; (ii) arises from the Content you upload or post; (iii) arises from your activities or postings in any of our Services; (iv) arises from your use of any Third Party Service; (v) arises from your activities related to our Services; or (vi) otherwise arises from or relates to your use of our Services. In addition, you acknowledge and agree that we have the right to seek damages when you use our Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of our Services, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.

Warranty Disclaimers
YOU EXPRESSLY AGREE THAT OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF OUR SERVICES AND ANY RELIANCE BY YOU UPON OUR SESRVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF ANY THIRD PARTIES OR THIRD PARTY SERVICES (INCLUDING YOUR EMAIL, MOBILE AND/OR SOCIAL NETWORKING PROVIDERS), AND WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF THE SAME.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (i) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANYONE OTHER THAN US OR (ii) ANY CONTENT PROVIDED BY ANY THIRD PARTY, THE RESULTS OF ANY SURVEY, OR ANY PRODUCT OR SERVICE PURCHASED OR OTHERWISE OBTAINED FROM ANY THIRD PARTY, INCLUDING OUR CUSTOMERS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES OR OBTAINED FROM A THIRD PARTY.

NO CLAIM MAY BE ASSERTED BY YOU AGAINST US MORE THAN 12 MONTHS AFTER THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM. YOUR SOLE, EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF OUR SERVICES SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR OUR SERVICES.

TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILTY RELATED TO ANY CONTENT POSTED ON OUR SERVICES OR IN ANY MATERIALS YOU SEND USING OUR SERVICES AND FROM ANY CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS OR THEIR RESPECTIVE SUBSCRIBERS. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (IF YOU ARE A CALIFORNIA RESIDENT), AND ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION (IF YOU ARE A RESIDENT OF SUCH JURISDICTION).

Limitation of Liability
EXCEPT WITH RESPECT TO DEATH OR PERSONAL INJURY DUE TO THE NEGLIGENCE OF ACP, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ACP OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, THIRD PARTY SUPPLIERS AND PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "ACP") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF OI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF OI TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APPLICABLE SERVICE IN THE 12 MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY OI TO YOU IN THAT 12 MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Other Terms
Site and Communications Monitoring–You agree that we may, at our sole discretion, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone call will be retained or capable of being retrieved.

Job or Career Postings–we may on occasion request applications for a job opening. The submission of your application does not guarantee we will hire you, extend an offer to you, or schedule an interview with you.

Forward Looking Statements–we may provide some forward looking statements via our newsletter or blog pages. These forward looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are hypothetical in nature. Actual results could differ significantly from those stated or implied in forward-looking statements.

Miscellaneous
Full Force–If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Entire Agreement–We and you agree this Agreement in the complete and exclusive statement of the mutual understanding of the parties and supersede any previous oral and written agreement, communications and other understandings related to this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein.

Delay or Omission–no delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No Agency–No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

Governing Law and Legal Actions–The Agreement shall be governed by the laws of the State of Oregon, USA without regard to its choice or law or conflict of law provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Salem, Oregon.

Additional Information–If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at legal@agchainsplus.com.

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