PLEASE READ THIS AGREEMENT AND TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE, CONTENT, LICENSED MATERIALS, FEATURES OR OTHER INFORMATION PROVIDED BY US OR THE SITE

 Effective Date: January 1, 2017

 

  1. Binding Agreement

These Terms of Use (the “Agreement”) constitute a binding agreement between you and AgPloyment.com, LLC (“AgPloyment”, “we”, “us”, and “our”), and its subsidiaries and assigns, and shall govern any use of the Licensed Materials (defined below).  By accessing or using the Licensed Materials, you acknowledge and affirm your full acceptance of this Agreement.  Please read these Terms of Use before using the Site or accessing any Licensed Materials.  If you do not accept the terms and conditions set forth in this Agreement, do not use AgPloyment.com, and its subdomains and micro sites (collectively referred to as, the “Site”), or any Licensed Materials.  In order to establish an Account on the Site or receive any Licensed Materials you must register and click the checkbox on the applicable sign-up form next to the statement which reads, “I have Read & Agree to the Privacy Policy & Terms of Use”.  This Agreement includes the Privacy Policy, which is incorporated into this Agreement by this reference.

This Agreement is made between us and you, the User (“you”).  The Site, Content, Licensed Materials, Features, and other information provided by us or the Site are made available only to persons who are legally allowed to form binding contracts under applicable law.  You must be at least 13 years of age to access or use the Site, Content, Licensed Materials, Features, or other information provided by us or the Site.  If you are under the age of 18 years you are not permitted to access the Site, Content, Licensed Materials, Features, or other information provided by us or the Site without permission from your parent or legal guardian, or unless under the supervision of your parent or legal guardian.

This Agreement in no way creates any agency, partnership, joint venture, employee-employer, franchiser-franchisee, or affiliate relationship between you and us.

We reserve the right, at our discretion, to change, alter, edit, supplement, modify, add to, remove, suspend, discontinue, or delete this Agreement, and the Site, Content, Licensed Materials, Features, and other information provided by us or the Site, at any time, in whole or any part.  Your continued access or use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site will constitute your acknowledgement and affirm your full acceptance of those changes, alterations, edits, supplements, modifications, additions, removal, or deletions.  This Agreement is effective as of the “Effective Date”, located at the top of this Agreement.  Any terms supplied by you are specifically rejected by us.

 

  1. Definitions

An “Account” is provided to an individual or an entity for access to the Site and its features, products, services, pages, or other Content, and involves registering a username and password.

An “Advertiser” is an individual or entity which pays us for a text or graphic display ad on the Site, or in Content, Licensed Materials, Features, or other information provided by us or through the Site.

“Advertiser Materials” is information, including trademarks, service marks, other marks, logos, slogans, designs, documents, data, images, domains, videos, audio, or other information provided for the purposes of advertising.

“Content” is the collective term representing all text, information, Documents, graphics, images, Design, data, pages, code, programming, trademarks, service marks, other marks, slogans, and logos owned by us.

“Design” refers to any combination of colors, pictures, text, fonts, and layout, provided by us or the Site, whether on the Site or in any communication or in-person or through social media or through any other website.

“Document” refers to any electronic or physical file uploaded to, available on, downloaded from, or accessible through us or the Site.

The “Effective Date” is the date of last update and effective date of this Agreement.

An “Employer” is a User that accesses the Site to utilize our resources, features, products, or services for any reason related to the purpose of operating and/or managing a business, or to post job opportunities, or to seek candidates for job opportunities.  Recruiters utilizing our resources, features, products, or services are also considered Employers for the purposes of this Agreement.

“Employer Materials” is information, including trademarks, service marks, other marks, logos, slogans, designs, documents, data, job postings, job descriptions, job titles, images, domains, videos, audio, or other information provided for the purposes of recruiting job seekers or advertising the employer entity.

“Features” refers to any resources, features, products, or services provided by us or the Site.

A “Job Seeker” is an individual User who is using the Site, Content, Licensed Materials, Features, or other information provided by us or the Site for the purpose of finding employment.

“Licensed Materials” refers to any information, content, Document, Design, data, Employer Materials, Advertiser Materials, available from us or on the Site.

A “Registered User” is someone, either an individual or an entity, who has registered for, and received, an Account through the Site.

A “User” is a collective term representing both Visitors and Registered Users (i.e., “you” are a User, whether a Visitor or Registered User).

A “Visitor” is someone that browses the Site and views Content, but is not a Registered User (i.e., does not have an Account).

ANY TERMS NOT HEREIN DEFINED ARE SUBJECT SOLELY TO OUR DEFINITION AND INTERPRETATION.

 

  1. DISCLAIMERS

These Disclaimers are available on a separate page on the Site and are incorporated here in this Agreement, and are considered wholly a part of this Agreement.

 PROFESSIONAL ADVICE

WE ARE NOT A LEGAL, MEDICAL, ENGINEERING, FINANCIAL, OR OTHER PROFESSIONALS, NOR DO WE PROFESS TO BE.  INFORMATION, CONTENT, AND LICENSED MATERIALS, ETC., AVAILABLE THROUGH US OR THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT CONSIDER ANY INFORMATION, CONTENT, LICENSED MATERIALS, ETC. PROVIDED BY US OR THROUGH THE SITE (INCLUDING USER SUBMITTED INFORMATION, CONTENT, OR MATERIALS), OR BY WEBSITES WE LINK TO, AS PROFESSIONAL ADVICE.  YOU HEREBY ACKNOWLEDGE THAT NO PROFESSIONAL RELATIONSHIP OF ANY KIND IS CREATED BETWEEN YOU AND US, AND THAT YOU SHALL NOT MAKE ANY DECISION, IN WHOLE OR IN PART, BASED ON ANY INFORMATION, CONTENT, OR LICENSED MATERIALS FROM US OR THE SITE.  YOU SHOULD SEEK OUT A CERTIFIED OR LICENSED PROFESSIONAL IN YOUR STATE AND/OR LOCALITY AT ALL TIMES, FOR ANY SITUATION WHERE YOU REQUIRE SUCK KNOWLEDGE OR SERVICES, AND ESTABLISH A RELATIONSHIP WITH THEM.  WE AND THE SITE DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF THE INFORMATION, CONTENT, LICENSED MATERIALS, ETC. AVAILABLE THROUGH US OR THE SITE.

EXTERNAL LINKS AND THIRD-PARTIES

THE SITE, THE CONTENT, AND THE LICENSED MATERIALS MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES  SOLELY AS A CONVENIENCE TO YOU.  THESE LINKS ARE NOT AN ENDORSEMENT BY US OR THE SITE OF THE CONTENTS OF SUCH THIRD-PARTIES.  NEITHER WE, NOR THE SITE, ARE RESPONSIBLE FOR THE CONTENTS, MANAGEMENT, OR OPERATION OF SUCH THIRD-PARTY WEBSITES, NOR DO WE HAVE ANY CONTROL OF SUCH.  NEITHER WE, NOR THE SITE, MAKE ANY REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS PROVIDED BY SUCH THIRD-PARTY WEBSITES.  IF YOU DECIDE TO ACCESS SUCH THIRD-PARTY WEBSITES, OR TO USE ANY CONTENT, PRODUCTS, SERVICES, OR FEATURES THEY PROVIDE, YOU DO SO AT YOUR OWN RISK.

 ADVERTISING

WE MAY ALLOW ACCESS TO OR ADVERTISE CERTAIN THIRD-PARTY PRODUCT OR SERVICE PROVIDERS FROM WHICH YOU MAY PURCHASE GOODS OR SERVICES.  YOU UNDERSTAND THAT WE DO NOT OPERATE OR CONTROL THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD-PARTIES.  SUUCH THIRD-PARTIES ARE RESPONSIBLE FOR ALL ASPECTS OF ORDER PROCESSING, FULFILLMENT, BILLING, AND CUSTOMER SERVICE.  WE ARE NOT A PARTY TO THE TRANSACTION ENTERED INTO BETWEEN YOU AND SUCH THIRD-PARTIES.  YOU AGREE THAT YOUR USE OF OR PURCHASE FROM SUCH THIRD-PARTIES IS SOLELY AT YOUR OWN RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR ANY PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT.  WE ARE NOT LIABLE UNDER AND CIRCUMSTANCES FOR ANY DAMAGES, HARM, OR LOSS ARISING FROM THE TRANSACTIONS OR RELATIONSHIP BETWEEN YOU AND SUCH THIRD-PARTIES, OR FOR ANY INFORMATION APPEARING ON SUCH THIRD-PARTIES’ WEBSITE OR ANY OTHER WEBSITE WE LINK, OR ARE LINKED, TO.

ALL RULES, LEGAL DOCUMENTS (INCLUDING PRIVACY POLICIES), AND OPERATING PROCEDURES OF SUCH THIRD-PARTIES WILL APPLY TO YOU WHILE ON ANY SUCH THIRD-PARTY’S WEBSITE.  WE ARE NOT RESPONSIBLE FOR INFORMATION PROVIDED BY YOU TO SUCH THIRD-PARTIES.  OUR RELATIONSHIP TO SUCH THIRD-PARTIES IS SOLELY AS INDEPENDENT CONTRACTORS AND NEITHER PARTY HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR COMMITMENTS ON BEHALF OF THE OTHER.

 CONTENT

THE OPINIONS EXPRESSED ON THE SITE ARE NOT NECESSARILY OUR OPINIONS OR THE OPINIONS OF THE SITE.  CONTENT AND LICENSED MATERIALS MAY BE CHANGED WITHOUT NOTICE AND IS NOT GUARANTEED TO BE COMPLETE, CORRECT, TIMELY CURRENT, OR UP-TO-DATE.  WE MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR LICENSED MATERIALS SUBMITTED OR SHARED BY USERS, WHETHER ONLINE OR OFFLINE.  WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGES, OR HARM, INCLUDING BODILY INJURY OR DEATH, RESULTING FROM YOUR, OR ANYONE’S, USE OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, OR FEATURES, UNDER ANY CIRCUMSTANCE, WHETHER ONLINE OR OFFLINE.  WE SPECIFICALLY DISCLAIM ANY DUTY, OBLIGATION, OR RESPONSIBILITY TO REVIEW, SCREEN, REFUSE TO POST, REMOVE, OR EDIT ANY USER PROVIDED CONTENT.  WE RESERVE THE RIGHT TO MAKE ALTERATIONS OR DELETIONS AT ANY TIME WITHOUT NOTICE.  WE RESERVE THE RIGHT TO MAKE CHANGES TO FEATURES, OR FUNCTIONALITY AT ANY TIME WITHOUT NOTICE.  WE RESERVE THE RIGHT TO ALTER PRICES OR FEES FOR THE USE OR ACCESS TO FEATURES, CONTENT, OR LICENSED MATERIALS AT ANY TIME WITHOUT NOTICE.

 LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR FEATURES, THE INTERNET GENERALLY, CONTENT, OR LICENSED MATERIALS, AND FOR YOUR CONDUCT ON AND OFF THE SITE.  IN NO EVENT SHALL WE (OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, MANAGERS, SUBCONTRACTORS, SUCCESSORS, THIRD-PARTY PROVIDERS, AFFILIATES, SUBSIDIARIES, AGENTS, ASSIGNS, PARTNERS, OR ADVERTISERS) BE LIABLE FOR ANY NON-DIRECT DAMAGES, LOSS, OR HARM WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, DAMAGES FORM LOST DATA, EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING FROM, OR IN CONNECTION WITH, YOUR USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY CONTENT OR LICENSED MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED, OR AWARE, OF THE POSSIBILITY OF SUCH DAMAGES, LOSS, OR HARM.

TO THE FULLEST EXTENT OF THE LAW, WE DISCLAIM ANY WARRANTIES FOR FEATURES RECEIVED THROUGH OR ADVERTISED BY US OR THE SITE OR ON THE SITE.  IN ANY EVENT, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU TO US OR THE SITE UNDER THIS AGREEMENT, OR TEN UNITED STATES DOLLARS (USD $10).  YOU AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIMITATIONS, DISCLAIMERS, OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  IRRESPECTIVE OF THE CAUSE OR FORM OF ACTION, OUR AGGREGATE LIABILITY FOR ANY CLAIMS, LOSS, DAMAGES, OR HARM SHALL BE LIMITED TO, AND NOT EXCEED IN ANY CIRCUMSTANCE, THE AMOUNT PAID BY YOU TO US OR THE SITE UNDER THIS AGREEMENT.  ANY CLAIMS RELATED TO US OR THE SITE MUST BE INITIATED WITHIN 90 DAYS OF THE EVENT THAT GAVE RISE TO THE CLAIM.

TRADEMARKS

TRADEMARKS, SERVICE MARKS, LOGOS, NAMES, AND OTHER MARKS MAY BE POSTED ON THE SITE OR PUBLISHED IN LICENSED MATERIALS, CONTENT, OTHER INFORMATION, OR OTHER COMMUNICATIONS.  WE HAVE NO OWNERSHIP OR CONTROL OF SUCH MARKS, LOGOS, OR NAMES, WHETHER AN AFFILIATION, SPONSORSHIP, PARTNERSHIP, OR OTHER CONNECTION EXISTS BETWEEN US AND THE OWNERS.  SUCH MARKS, LOGOS, OR NAMES MAY NOT BE USED IN ANY MANNER THAT IS POSSIBLE TO CAUSE CONFUSION AMONG CONSUMERS, OR IN ANY MANNER THAT DISPARAGES OR DISCREDITS THE OWNERS, OR IN CONNECTION WITH ANY PRODUCT, SERVICE, COMPANY, OR OTHER USE NOT PERMITTED BY THE RESPECTIVE OWNERS OF SUCH MARKS, LOGOS, OR NAMES.  WE WILL NOT BE HELD LIABLE UNDER ANY CIRCUMSTANCE FOR DAMAGES, LOSS, OR HARM CAUSED BY THE MISUSE, OR DISALLOWED USE, OF SUCH MARKS, LOGOS, OR NAMES.  YOU HEREBY AGREE TO HOLD US HARMLESS IN ANY EVENT OR INCIDENT INVOLVING THE MISUSE OR DISALLOWED USE OF SUCH MARKS, LOGOS, OR NAMES.

WARRANTY

THE SITE, CONTENT, LICENSED MATERIALS, AND FEATURES ARE PROVIDED ON AN “AS-IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.  WE MAKE NO WARRANTIES ABOUT THE TRUTHFULNESS, ACCURACY, RELIABILITY, COMPLETENESS, LEGALITY, FUNCTIONALITY, OR TIMELINESS OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, OR ANY OTHER CONTENT OR FORM OF COMMUNICATION.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR FEATURES, INCLUDING MEETING EMPLOYMENT OBJECTIVES. THE SITE AND FEATURES MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS, HARMFUL COMPONENTS, BROKEN LINKS, OR OTHER ISSUES AND/OR LIMITATIONS.  WE, INCLUDING OUR AFFILIATES, ADVERTISERS, PARTNERS, AND SUBSIDIARIES, HAVE NO LIABILITY WHATSOEVER FOR YOU USE OF THE SITE OR FEATURES.

THEREFORE YOU SHOULD EXERCISE CAUTION WHEN USING OR DOWNLOADING ANY CONTENT, LICENSED MATERIALS, FEATURES, OR OTHER INFORMATION AND USE INDUSTRY-APPROVED SOFTWARE TO DETECT AND REMOVE MALWARE, VIRUSES, OR OTHER HARMFUL COMPONENTS.  ALL RESPONSIBILITY OR LIABILITY FOR DAMAGES, LOSS, OR HARM SOMEHOW ATTRIBUTED TO US, THE SITE, OR THE FEATURES, LICENSED MATERIALS, CONTENT, OR OTHER INFORMATION IS DISCLAIMED.  YOU ASSUME ALL RISKS IN DEALING WITH OTHER USERS WHOM YOU COME INTO CONTACT WITH THROUGH US, THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, OR OTHER MEANS PROVIDED BY US OR THE SITE.  YOU UNDERSTAND AND AGREE THAT YOU USE AND/OR DOWNLOAD, OR OTHERWISE OBTAIN, FEATURES, LICENSED MATERIALS, CONTENT, OR OTHER INFORMATION FROM US OR THE SITE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEROF AND ANY DAMAGES, LOSS, OR HARM TO YOUR DEVICE, SYSTEM, DATA, OR OTHER DAMAGES, LOSS, OR HARM OF ANY KIND THAT MAY RESULT.  WE, INCLUDING OUR AFFILIATES, ADVERTISERS, PARTNERS, AND SUBSIDIARIES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS, OR HARM FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY FOR OR OF EMPLOYMENT, LITIGATION, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT OR SERVICE LIABILITY, BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LOSS, OR HARM.

COPYRIGHT

WE RESPECT THE INTELLECTUAL PROPERTY OF OTHERS.  IT IS OUR POLICY TO RESPOND TO CLAIMS OF COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT IN A TIMELY MANNER.  WE WILL PROMPTLY PROCESS AND INVESTIGATE NOTICES OF ALLEGED INFRINGEMENT, AND WILL TAKE APPROPRIATE ACTION UND THE Digital Millennium Copyright Act (“DMCA”), AND OTHER APPLICABLE LAWS.  UPON RECEIPT OF NOTICES COMPLYING WITH THE DMCA, WE MAY ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO ANY MATERIAL CLAIMED TO BE INFRINGING.  WE WILL DISABLE ACCESS TO REPEAT OFFENDERS.

WE MAY BE CONTACTED REGARDING COPYRIGHT INFRINGEMENT AT THE EMAIL ADDRESS info@agployment.com.  YOU MUST PROVIDE WRITTEN COMMUNICATION TO THIS EMAIL ADDRESS, LISTING THE MATERIAL THAT IS INFRINGING, THE LOCATION OF SUCH MATERIAL, AND ANY OTHER INFORMATION YOU HAVE REGARDING THE COPYRIGHT.  IF YOU FEEL THAT WE HAVE REMOVED OR DISABLED ACCESS TO MATERIAL YOU POSTED OR SHARED WHICH DOES NOT CONSTITUTE COPYRIGHT INFRINGEMENT YOU MAY PROVIDE US WITH A COUNTER-NOTIFICATION AT THE EMAIL ADDRESS SPECIFIED.  PLEASE NOTE THAT YOU MAY BE LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) IF YOU MATERIALLY MISREPRESENT  THAT AN ACTIVITY IS NOT INFRINGING THE COPYRIGHTS OF OTHRES.  IF YOU ARE UNCERTAIN WHETHER AN ACTIVITY CONSTITUTES INFRINGEMENT, WE RECOMMEND SEEKING THE ADVICE OF AN ATTORNEY.  WE CANNOT AND DO NOT MONITOR ALL ACTIVITY AND CONTENT POSTED OR SHARED BY OUR USERS.  WE WILL NOT BE HELD LIABLE IN ANY CIRCUMSTANCE FOR THE MISUSE OF COPYRIGHT MATERIAL BY USERS OF THE SITE.  WE WILL NOT BE HELD LIABLE IN ANY CIRCUMSTANCE FOR YOUR MISUSE OF COPYRIGHT MATERIAL.  IN ALL CASES WE WILL SIDE WITH THE OWNER OF COPYRIGHT MATERIAL.

 LIABILITY WAIVER

YOUR USE OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, AND OTHER INFORMATION, AND THE INTERNET IN GENERAL, IS NOT WITHOUT RISK.  INFORMATION THAT YOU SHARE MAY BE ACCESSED BY UNAUTHORIZED THIRD-PARTIES, AND FEATURES WHICH YOU PAY FOR MAY HAVE ISSUES OR PROBLEMS WHICH INHIBIT THEIR FUNCTIONALITY OR USEFULNESS.  IF THIS OCCURS WE WILL TAKE STEPS TO CORRECT IT, BUT WE WILL NOT BE HELD LIABLE FOR DAMAGES, LOSS, OR HARM RELATED TO YOUR USE OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, OR OTHER INFORMATION.  THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, AND OTHER INFORMATION IS PROVIDED BY US ON AN “AS-IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.  THIS MEANS THAT ISSUES OR PROBLEMS WILL INEVITABLY OCCUR, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO OUR BEST TO PROVIDE YOU WITH ACCESS AND USE OF SUCH TO THE BEST OF OUR ABILITY.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, AND OTHER INFORMATION CONSTITUTES YOUR FULL UNDERSTANDING AND ACKNOWLEDGEMENT THAT WE HOLD NO LIABILITY FOR ISSUES OR PROBLEMS WHICH CAUSE DAMAGES, LOSS, OR HARM TO YOU, YOUR BUSINESS, YOUR REPUTATION, YOUR EMPLOYMENT STATUS, YOUR EMPLOYABILITY, YOUR JOB, YOUR FINANCIAL POSITION OR STATUS, OR YOUR DATA, ARISING THROUGH YOUR USE OF THE SITE, CONTENT, LICENSED MATERIALS, FEATURES, AND OTHER INFORMATION, AND YOU WAIVE ANY AND ALL RIGHTS TO BRING CLAIMS AGAINST, OR TO HOLD LIABLE, US (INCLUDING ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MEMBERS, MANAGERS, SUBCONTRACTORS, SUCCESSORS, THIRD-PARTY PROVIDERS, AFFILIATES, SUBSIDIARIES, AGENTS, ASSIGNS, PARTNERS, OR ADVERTISERS) OR THE SITE FOR ANY SUCH DAMAGES, LOSS, OR HARM.

ENDORSEMENTS

REFERENCE TO ANY FEATURES, PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, PROVIDER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION THEREOF, OR ANY AFFILIATION, OR PARTNERSHIP THEREWITH, BY US, THE SITE, BY THIRD-PARTIES, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED BY, US, THE SITE, OR OUR FEATURES.

USER AUTHENTICATION

BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, WE CANNOT AND DO NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE.  BECAUSE WE DO NOT AND CANNOT BE INVOLVED IN USER-TO-USER DEALINGS, OR CONTROL THE BEHAVIOR OF USERS, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US AND THE SITE FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL, AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOW AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECT WITH SUCH DISPUTES.

CALIFORNIA RESIDENTS

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.

 

  1. PERMITTED USES AND REGULATIONS

The Site, Content, Licensed Materials, Features, and other information provided by us or the Site are intended for employers, employees, recruiters, and job seekers within the agriculture industry.  You may use the Site, Content, Licensed Materials, Features, and other information provided by us or the Site only for lawful and intended purposes within the stated context of this Agreement.  We are the sole interpreter of what constitutes intended and acceptable use, and any other interpretations are wholly rejected by us.

We hereby grant to you (the User) a limited, terminable, non-exclusive right to access and use the Site, Content, Licensed Materials, Features, and other information provided by us or the Site for your personal or business use.  You agree not to sell, modify, reproduce, display, perform, distribute, or otherwise use the Site, Content, Licensed Materials, Features, or other information provided by us or the Site in any way that is not permitted by us, or to assist others to do so.  If you are unsure what is permitted and what is not you may contact us through the email address info@agployment.com.  You agree that you are solely responsible for the content that you publish or share through us or the Site, and any consequences arising from such publication or sharing.  Any document or information published or shared must be accurate and belonging to you or your entity.  You shall ensure that you do not permit access to any other individuals or entities to the Site, Content, Licensed Materials, Features, or other information provided by us or the Site.  Your right to access and use is not transferrable.  We reserve the right to suspend or terminate any right to access and use for any reason, at any time, in our sole discretion.

Employer User represents, warrants, and affirms that any Employer Materials provided by such User are lawfully owned by such User, do not and will not violate any laws or regulations, or proprietary rights, including but not limited to, copyright, trademark, obscenity, rights of publicity and/or privacy, and defamation laws.  Such User hereby grants us and the Site a non-exclusive, global, royalty-free license to use the Employer Materials and to link to such User’s domain/s in connection with any Features utilized by such User.

Employer User also acknowledges and agrees that they will not use job postings, or access and use the Site, Content, Licensed Materials, or Features in any way that does not comply with all applicable laws and regulations, including but not limited to, labor and employment law, equal opportunity law, employment eligibility requirements laws, data privacy laws, data access and use laws, and intellectual property laws.  The employer User also acknowledges and agrees that they will not use job postings, or access and use the Site, Content, Licensed Materials, or Features to sell, promote, or advertise products or services, or to assist competitors of us or the Site, or to post information regarding competitors of us or the Site, or to promote any opportunity that does not represent bona fide employment, which is generally indicated by the employer User’s use of IRS forms W-2 or 1099.

The Site and any Content, Licensed Materials, Features, or other information provided by us or the Site is to be accessed solely by you.  All information regarding such shall be kept in the strictest confidentiality by you, not shared with any others, and shall not be granted access or use to others by you.  You are responsible for any and all activities or events conducted with us or the Site which make use of your Account, including any and all that you may subsequently contend was not authorized by you.

Users are not permitted to access or use the Site, Content, Licensed Materials, Features, or other information provided by us or the Site which, in our sole judgement, is not compliant with this Agreement or which may be deemed to, by us in our sole judgement, adversely affect us, the Site, our business, business prospects, the performance or function of the Site, Content, Licensed Materials, or Features, or interferes with the ability of other Users to access or use the Site, Content, Licensed Materials, Features or other information provided by us or the Site, or which interferes with or violates the rights or elections of other Users.  You are specifically prohibited from using the Site, Content, Licensed Materials, Features, or other information provided by us or the Site in any way to sell, promote, or advertise and products or services, or to take any action which is inconsistent with, or violates, this Agreement or any laws, statutes, codes, rules, or regulations.

You acknowledge and agree that your use of the Site, Content, Licensed Materials, Features, Account, or other information provided by us or the Site is for legitimate reasons or purposes that would normally be accepted and approved by us.  Some reasons or purposes that are not acceptable include, but are not limited to, posing as an legitimate employer or employee or recruiter or job seeker when you are not, or posing as a non-existent individual or entity, impersonating another individual or entity, corporate espionage, illegal or unlawful purposes, or any other use of the Site, Content, Licensed Materials, Features, Account, or other information provided by us or the Site for which it was not intended.  You acknowledge and agree that your continued use of the Site, Content, Licensed Materials, Features, Account, or other information provided by us or the Site constitutes your full agreement of these terms.

We reserve the right, at our sole discretion and interpretation, to remove any content, postings, materials, or other information published or shared through us or the Site which does not comply with this Agreement or that is not in the best interest of us or the Site.  Any rights not expressly granted herein are reserved.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 Yours

We do not claim any ownership rights to content or information submitted by you. Each party shall use its best efforts to safeguard the intellectual property, confidential information, and proprietary rights of the other.  When you submit content or information to us or the Site you are granting us and the Site, our affiliates, subsidiaries, or agents, a royalty-free, global, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce, and create derivative works from all submissions by you, in any form, without acknowledgement or compensation of any sort to you.  If you submit a creative idea, suggestion, invention, concept, drawing, or material you are granting us and the Site, our affiliates, subsidiaries, or agents, the same right and license listed above for its use, implementation, modification, display, archive, copying, storage, sale, transmittal, performance, distribution, reproduction, and to publish and/or create derivative works from, applies, without acknowledgement or compensation of any sort to you.

Each time you submit content, information, or creative ideas, suggestions, inventions, concepts, drawings, or materials you represent and warrant that 1) you are the owner of such, or you have permission from the owner of such to submit, 2) such is not protected by any kind of proprietary law, including but not limited to, copyright law, 3) you have the right to grant us right and license to such, and 4) your use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, and your submission do not violate this Agreement.

You shall not reproduce, modify, edit, copy, distribute, publish, transmit, broadcast, sell, license, or otherwise access or use the content or information submitted by others to the Site.

Your continued use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site constitutes your acknowledgement and full acceptance of these terms.

 Ours

We own all right, title, and interest in and to the Site, Content, Licensed Materials, Features, and other information provided by us or the Site, and such is protected by copyright, trademark, and other laws.  You shall not reproduce, modify, edit, copy, distribute, publish, transmit, broadcast, sell, license, or otherwise access or use such without prior written consent from us.  If granted written consent you must preserve all copyright, trademark, service mark, and other proprietary notices contained in the original on any copy you make.  Each party shall use its best efforts to safeguard the intellectual property, confidential information, and proprietary rights of the other.

Your continued use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site constitutes your acknowledgement and full acceptance of these terms.

  

  1. USER INFORMATION, YOUR ACCOUNT, AND PRIVACY POLICY

We may use User information, subject to our Privacy Policy.  This Agreement includes terms and conditions set forth in the Privacy Policy, and the Privacy Policy is herein incorporated by reference.  By using the Site, Content, Licensed Materials, or Features, you are indicating your agreement to this Agreement and consenting to have your information and data used by us as set forth in the Privacy Policy.

When you register on the Site, or through other methods of registration, you become an Registered User.  Registering to become a Registered User requires creating an Account, which requires personal information, including, but not limited to, your name and email address.  You acknowledge and agree that you have no ownership rights in your account, and that the information you provide is true, current, complete, and accurate, and that you are creating an Account for you as an individual or as an entity for which you are duly authorized to do so as either an employee, manager, agent, or owner of.  You also agree to maintain and update the information you provide to keep it true, current, complete, and accurate.  You also agree that if the information you provide is untrue, not current, incomplete, or not accurate, or if we believe it to be, we have the right to immediately terminate your access and use to the Site, Content, Licensed Materials, Features, or other information provided by us or the Site.  You also agree that if you cancel your Account, or your Account is terminated, the information contained therein may remain with us or may be deleted or removed.  We reserve the right to terminate your Account or remove your information after a significant period of inactivity.

You are responsible for maintaining the confidentiality of your account, profile, username, passwords, and any other information relating to your Account.  You may not share your Account information with any other party, and shall be responsible for all Users who access you Account.  You agree to notify us immediately of any unauthorized access or use of your Account or Account information.

Please be advised that if we receive any claim, or threat of a claim, which is related to your use of the Features, we may put a “hold” on any Account you hold with us, including any monies held on your behalf.  Furthermore, to the extent that you owe us any amounts as a consequence of your use of our Features or our settlement of any claim made against you, we may, at our sole discretion, deduct any or all of such amounts from any amounts held by us in your Account.  Any such deduction will not relieve you of any obligation to pay the remainder of any amounts owed by you to us.

 

  1. AMENDMENTS TO THIS AGREEMENT AND CHANGES TO THE SITE

We may revise this Agreement at any time by updating this page.  Changes will be binding on you as of the date they are posted on the Site.  Your use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, will constitute your acknowledgement and full acceptance the then-current Agreement.  If you do not wish to accept the Agreement then you may not access or use the Site, Content, Licensed Materials, Features, or other information provided by us or the Site any longer.  We may make changes to the Site at any time.

  

  1. USER PROVIDED CONTENT

You, and other Users, may post, transmit, share, display, publish, distribute, or otherwise submit content or information to or through the Site, including but not limited to, job postings, resumés, job descriptions, cover letters, curriculum vitae, or job opportunities.  You agree not to submit content or information which, 1) is incomplete, false, misleading, or inaccurate, 2) is or represents a franchise, pyramid scheme, change letter, club membership, or any opportunity which requires up-front or periodic payment, pays only commissions, or requires recruiting others, 3) is defamatory, threatening, disparaging deceptive, fraudulent, unfair, or uncouth 4) contains inflammatory remarks of a sexual, personal, racial, or religious nature, 5) contains vulgar, hateful, abusive, profane, or sexually explicit context, language, epithets, slurs, or images, 6) contains expressions of bigotry, sexism, racism, hate, or discrimination of any kind, 7) contains gross exaggeration or unsubstantiated claims, 8) imposes an unreasonable load on the infrastructure of the Site, 9) violates the rights of others, 10) is unreasonably offensive or harmful to any individual or entity, group of individuals or entities, or community, 11) interferes with any other User’s use and enjoyment of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, 12) involves, constitutes, encourages, or promotes illegal activity, or the violation of any individual or entity, or laws, rules, or regulations, 13) contains copyrighted work without the express consent of the owner, 14) discloses any personally identifiable information of a minor, or images of a minor, 15) contains viruses, malware or other harmful components, 16) infringes any copyright, trademark, patent, trade secret, or other proprietary right, 17) links to any commercial or other website without our express written permission, or for the purpose of informative links to employer and directory provider websites, 18) is competitive to our business, 19) benefits our competitors, and 20) is not in compliance with this Agreement.

User provided content is not endorsed by us, and does not necessarily represent the views of us or the Site.  You acknowledge and accept that we do not control User provided content, and disclaim and responsibility for User provided content.

We reserve the right to review, screen, refuse to post, remove, or edit any User provided content at any time, for any reason whatsoever, at our sole discretion, but have no liability or responsibility or obligation to do so.

  

  1. RULES REGARDING POSTING, CONDUCT, AND SECURITY

 POSTING

You may not post jobs, comments, or any content, information, or documents that are not in compliance with the “8. USER PROVIDED CONTENT”, or “4. PERMITTED USES AND REGULATIONS” sections above or any other part of this Agreement.

In the case of job descriptions, job opportunities, and job postings, and other employer or recruiter content, information, or documents, you must clearly convey to Users the nature and requirements of the job opportunity, the company or employer, without misleading employee or jobseeker Users, and shall not advertise or promote more than one (1) single job opportunity per description, opportunity, or posting.

In the case of résumés, cover letters, curriculum vitae and other employee or job seeker content, information, or documents, you must clearly convey your qualifications for employment, without misleading employer or recruiter Users, and must contain the accurate information of you, a living individual seeking employment on a full- or part-time or contractual basis on you own behalf.

Content, information, or documents which encourage Users to “email for more details” are not permitted.

We are under no obligation whatsoever to monitor the content, information, or documents posted, but may do so at our sole discretion.  Postings which violate the above terms, or any contained within this Agreement, may be removed at our sole discretion.

CONDUCT

You may not send unsolicited commercial communications to Users.

You may not delete or revise any content, information, or documents posted by another User.

You may not respond to postings by other Users in any manner, or for any purpose, other than that which is expected (i.e., to apply for a job, or to initiate discussion with a candidate).  Soliciting another User for business is prohibited.

You should report any inappropriate conduct, or conduct believed to not be in compliance with this Agreement, to us at the email address info@agployment.com.

If we believe that your conduct or activities are not in compliance with this Agreement, or do not meet with the intentions of our business, the Site, or our Features, we may terminate your Account at any time, at our sole discretion.

The above is not an exhaustive list of acceptable and unacceptable conduct.  We reserve the sole right and discretion to determine and interpret what is acceptable and unacceptable conduct.  If you have any questions regarding what is acceptable and unacceptable then you may contact us at the email address info@agployment.com for more information.

SECURITY

You are not permitted to share your login information with others.

You are prohibited form violating, or attempting to violate, the security of the Site and the Features, including it not limited to, accessing or using data not intended for you, using an Account which does not belong to you, attempting to scan, probe, test, or attack the system or network or other components of the Site, attempting to breach security or authentication measures, attempting to interfere with the Site or its functionality, attempting to interfere with another User’s use and enjoyment of the Site, submitting a virus, malware, or other harmful component to the Site, overloading the Site, attempting to crash the Site in any way, sending unsolicited email, including promotions and/or advertising, or forging any signature or document or information packet of the Site.

Violation of these, or any other, security terms may result in civil or criminal liability.  We will investigate any occurrences which may involve such violations and may involve, and cooperate, with law enforcement authorities in prosecuting Users who are involved with such violations.

 

  1. REFUNDS

We want our Users to be satisfied with all of our Features.  We have what we consider a very reasonable refund policy.  Within 5 business days of the purchase of a Feature you may request a refund for 75% of the purchase amount.  The remaining 25% is retained to cover charges, fees, and time and labor required to process your refund.  If you find that you purchased an incorrect Feature for your needs you may contact us to resolve the issue and transfer the purchase amount to the correct Feature.  In all cases please contact us at the email address info@agployment.com with the subject, “Refund”.

  

  1. TERMINATION OF ACCESS

Your access and use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, is effective until terminated by you or us.  Your rights under this Agreement will terminate without our notice if you fail to comply with any term of this Agreement.  On termination you will stop representing yourself as a Registered User.  You must delete or destroy any information, Content, Licensed Materials, or Features obtained from us or the Site.  Certain provisions of this Agreement, including but not limited to, copyrights, indemnity, trademarks, refunds, limitation of liability, warranty, linking, applicable law, arbitration, and jurisdictional issues will survive the termination of this Agreement.

  

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold us and our officers, directors, shareholders, employees, members, managers, subcontractors, successors, third-party providers, affiliates, subsidiaries, agents, assigns, partners, or Advertisers harmless from any liability, loss, claim, damage, or expense, including reasonable attorney’s fees and court costs, related to your violation of this Agreement, or alleged violation of this Agreement, regardless of the form of action. You hereby agree not to sue, assist in or be a voluntary party in or to, except as required by law, any action, suit, claim, or proceeding against us for any actions, suits, claims, damages, losses, liabilities, or expenses of any kind, however arising out of your access or use of the Site, Content, Licensed Materials, Features, or other information from us or the Site.

  

  1. APPLICABLE LAW, JURISDICTION, AND ARBITRATION

APPLICABLE LAW AND JURISDICTION

This Agreement shall treated as if it were executed and performed in Boone County, Missouri, and shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of law principles.  You also agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to us or the Site or Features must be instituted within 90 days after the cause of action arose or be forever waived and barred.  You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

ARBITRATION

Any legal controversy or legal claim arising out of or relating to this Agreement, us, the Site, Content, Licensed Materials, or the Features, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, business operations, intellectual property, trademark infringement, the Features, any contract you have with us or the Site, and/or violation of this Agreement and/or the Privacy Policy, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Columbia, Missouri, and judgement on the arbitration award may be entered into any court having jurisdiction thereof.  Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Columbia, Missouri necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs, regardless of the outcome of such arbitration.  You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile, or by first class mail, and shall be deemed effectively given upon receipt.

You acknowledge that the Site, Content, Licensed Materials, Features, and other information provided by us or the Site are highly proprietary in nature and that unauthorized copying, editing, transfer or use may cause us irreparable injury that cannot be adequately compensated for by means of monetary damages.  You agree that any breach of this Agreement by you may be enforced by us by means of equitable relief (including but not limited to injunctive relief) in addition to any other available means of rights and remedies.

  

  1. SEVERABILITY AND SURVIVAL

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content, Licensed Materials, Features, communication, or other information provided by us or the Site is in conflict or inconsistent with this Agreement, this Agreement will take precedence.  Our failure to enforce any provision of the Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

  

  1. TRADEMARKS

AgPloyment.com™, Your Field, Your Future™, AgPloyer™, AgPloyee™, AgriCruiter™, AgPloyment™, AgPloy™, and AgPloyed™ are our trademarks.  Such trademarks, service marks, and other marks, logos, terms, made-up words, and names used on or in connection with the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, may not be used in connection with any product or service that is not under our ownership or control, nor may they be used in any manner that is likely to cause confusion among consumers, customers, clients, or Users, or in any manner that disparages or discredits us.  All other trademarks not owned by us which appear on or in the Site, Content, Licensed Materials, Features, or other information provided by us or the Site, are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us.

  

  1. LINKING TO THE SITE

Linking to the Site, our Content, Licensed Materials, Features, or other information provided by us or the Site is permissible so long as 1) the link and any accompanying information, text, images, video, audio, advertising, or media of any kind in no way disparages or discredits us, the Site, our business, or our officers, directors, shareholders, employees, members, managers, subcontractors, successors, third-party providers, affiliates, subsidiaries, agents, assigns, partners, or Advertisers, or benefits our competitors, 2) you agree to remove the link and any accompanying information, text, images, video, audio, advertising, or media of any kind immediately upon our request.

  

  1. GENERAL

Neither party here to shall be deemed to be in default of any provision of this Agreement of for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including but not limited to, acts of God, civil or military authority, interruption of electric or telecommunication or web services, civil disturbances, acts of war or terrorism, strikes, fires, floods, or other catastrophes.

The section titles in this Agreement are for your convenience only and carry no contractual or legal effect whatsoever.

The language in this Agreement shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

We make no claims or representations that the Site, Content, Licensed Materials, Features, or other information provided by us or the Site may be lawfully viewed or accessed outside of the United States.  Accessing such may not be legal by certain individuals or in certain countries or jurisdictions.  You access such at your own risk and are responsible for complying with the laws of your jurisdiction.  You may not use such in violation of United States export laws and regulations, or any other laws or regulations of the United States.

Access and use of the Site, Content, Licensed Materials, Features, or other information provided by us or the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement.

This Agreement constitutes the entire agreement between you and us.

 

  1. CONSIDERATION

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and accuracy of which are hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site, Content, Licensed Materials, Features, and other information or communications on the Site or from us.

 

 

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