Fieldclimate User Agreement
Pessl Instruments GmbH provides the Fieldclimate website (this "Site") as a service to farmers and agricultural professionals, subject to the terms and conditions of this User Agreement (this "Agreement").
Your ConsentBy accessing and using this Site, you are agreeing, on behalf of yourself individually and your company (if any) to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not access or use this Site.
Definitions of "you" and "your company"If you operate your business as a corporation or a partnership, then the term "your company" refers to that corporation or partnership. If you operate your business as a sole proprietorship, you can ignore the references to "your company" in this Agreement. The terms "you" and "your" refer to you, individually.
Information about Pessl Instruments GmbH.Pessl Instruments GmbH. and its affiliates, including its parent and sister corporations and its subsidiaries, are referred to as the "Pessl Instruments GmbH. Entities" in this Agreement.
Definition of "we" and "us"The terms "we, "us" and "our" refer to Pessl Instruments GmbH..
Who is Bound by This AgreementIf you operate your business as a corporation, you and your company are bound by this Agreement; as an agent of your company, your actions on this Site will bind your company. If you operate your business as a sole proprietorship, you, individually, are bound by this Agreement. In either case, you, individually, consent to the collection, use and disclosure of your personal information in accordance with the Privacy Statement contained in this Agreement. Pessl Instruments GmbH. is also bound by this Agreement.
Use of this SiteYou and your company understand and agree that this Site is made available to you and your company only pursuant to this Agreement. If you operate your business as a corporation or partnership, you may use this Site only as an agent of your company.
This Agreement May ChangePessl Instruments GmbH. is continually improving and adding new functionality and features to this Site. These improvements (or changes in the law) may require changes to this Agreement. Accordingly, we reserve the right to update or modify this Agreement at any time without prior notice. We will do so by posting an updated or modified version of this Agreement on this Site. Your use of this Site following any such change constitutes your and your company's agreement to comply with and be bound by the terms and conditions of the Agreement as amended. For this reason, we encourage you to review this Agreement regularly. You may review this Agreement at any time by clicking on the button marked "User Agreement" at the bottom of each page of this Site. For your convenience, whenever this Agreement is changed, we will alert you and your company by posting a notice on the home page of this Site for thirty days. If you have not visited the Site within thirty days, be sure you review this section of this Agreement to see if this Agreement has been revised since your last visit. This Agreement was last revised on January 11th, 2006.
Usernames, Passwords and SecurityCertain areas of this Site are password protected. You must register and select a username and password before you may access and use the password protected areas. You and your company are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you and your company are entirely responsible for all activities that occur on this Site using your username and password, whether or not the activities or the use of your password were authorized by you or your company. You or your company must notify Pessl Instruments GmbH. immediately of any known or suspected unauthorized use of your username and password or any other breach of security (contact Pessl Instruments GmbH. by phone: +43 3172 5521 or firstname.lastname@example.org).
Updating User InformationWhen you register on this Site, you will be asked to provide certain information about yourself and your company. You or your company must notify us promptly if any of the information that you provided as part of this registration process (the "User Information") changes, or if you or your company becomes aware that any of the User Information is inaccurate or incomplete. To notify us of changes to or mistakes in the User Information, visit the Preferences page when you log on to this Site. Notwithstanding your or your company's obligation to provide us with updated User Information, we have the right to rely on the User Information that you or your company previously provided until such time as you or your company have provided us with updated User Information. You and your company further agree that we may provide notices related to this Agreement or to this Site by e-mail using the latest e-mail address you or your company have provided through this Site. If you cease to be an employee or authorized agent of your company, or cease to be authorized by your company to use this Site, then your company must promptly notify Pessl Instruments GmbH., and you are no longer authorized to use this Site. Contact Pessl Instruments GmbH. by phone: +43 3172 5521 or email@example.com.
Additional Terms and Conditions May Apply to Password-Protected AreasWhen you access and use certain password-protected areas of this Site you may be asked to agree to additional terms and conditions that relate specifically to your access and use of those password-protected areas and the information available through those areas. For example, you will be asked to agree to additional terms and conditions when you access Indemnified Labels through this Site. These additional terms and conditions supplement, but do not replace or supercede the terms of this Agreement.
Privacy StatementPlease review the Privacy Statement posted on this Site to learn what personal information is collected through this Site, how it is used and with whom it is shared. You may access the Privacy Statement at any time by clicking on the button marked "Privacy Statement" at the bottom of each page of this Site. The Privacy Statement is part of this Agreement. When you agree to be bound by this Agreement, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Statement. If you do not consent to our use of your personal information as set forth in our Privacy Statement, you may not access or use this Site.
Ownership of Copyrights in ContentAll of the text, data, illustrations, images, graphics, photographs, audio, video and audio-video clips, software applications, and all of the other information, materials and tools made available to you and your company through this Site (collectively, the "Content") is copyrighted under Austria law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by a Pessl Instruments GmbH. Entity or third parties who have licensed their materials to a Pessl Instruments GmbH. Entity. The entire Content of this Site is copyrighted as a collective work under Austria copyright law and applicable international copyright laws and treaties, and Pessl Instruments GmbH. owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You and your company may download, store, print, and copy selected portions of the Content, provided 1.you and your company only use the Content you download for your or your company's internal business use or to further your or your company's business dealings with the Pessl Instruments GmbH. Entities; 2.neither you nor your company publish, perform, display or post any part of the Content on any other Internet site; 3.neither you nor your company publish, perform publicly, display publicly, or broadcast any part of the Content in or on any other media; 4.neither you nor your company modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality. Except as expressly stated above, neither you nor your company may copy, print, publish, display publicly, perform publicly, distribute, transmit, or create derivative works based on all or any part of the Content of this Site without first obtaining written permission from Pessl Instruments GmbH.. No right, title or interest in any part of the Content is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company's use of this Site, except the right to use the Content subject to the terms of this Agreement. The limited license set forth above does not apply to any software applications that you download from the Site. Your and your company's use of any software you download from the Site will be subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the software.
Pessl Instruments GmbH. Decision Support Software (DSS)Pessl Instruments GmbH. provides its proprietary Pessl Instruments GmbH. Software (the "Pessl Instruments GmbH. Software") to charge to registered users of this Site. All of the rights, title and interests in the Pessl Instruments GmbH. Software are owned by Pessl Instruments GmbH. and its licensors. If you wish to use the Pessl Instruments GmbH. Decision Support Software (DSS) from the Site, you must first review and accept the software license displayed when register. If you use the Pessl Instruments GmbH. Software from the Site, your and your company's use of the Pessl Instruments GmbH. Software will be subject to the terms and conditions of the software license.
Trademark NoticeAll of the trademarks, service marks and logos displayed on this Site ("the Trademark(s)") are registered and unregistered trademarks of Pessl Instruments GmbH., one of the other Pessl Instruments GmbH. Entities or a third party that has licensed its trademarks to one of the Pessl Instruments GmbH. Entities. No right, title or interest in any Trademark is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company's use of this Site. Except as expressly permitted under this Agreement, neither you nor your company may reproduce, display or otherwise use any Trademark without first obtaining written permission from the owner of the Trademark.
SubmissionsWe welcome comments and feedback regarding this Site. All comments, feedback, questions, suggestions, ideas, data, information, designs, and other materials submitted to us through this Site, whether through a "Contact Us" page, the "Experts Online" pages or any other means (collectively, "Comments") will be considered NON-CONFIDENTIAL and shall be and remain the exclusive property of Pessl Instruments GmbH.. By submitting Comments to Pessl Instruments GmbH. through this Site, you and your company assign to Pessl Instruments GmbH., free of charge, all worldwide rights, title and interest in all copyrights, patents and other intellectual property rights in the Comments, and you and your company represent and warrant that you and your company have the right to make such an assignment and that the Comments do not infringe any third-party's rights. Pessl Instruments GmbH. will be entitled to use, reproduce, disclose, distribute, perform publicly, display publicly, create derivative works of and reduce to practice any Comments, and any ideas, concepts, know-how or techniques contained in any Comments, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such Comments without restriction and without compensating you or your company in any way. However, Pessl Instruments GmbH. will not use any Comments submitted through this Site in a way that violates the Privacy Statement or applicable privacy laws. You and your company are responsible for the information and other content contained in any Comments you submit through this Site, including, without limitation, their truthfulness and accuracy.
Ownership of Site and ContentThe Pessl Instruments GmbH. Entities and their licensors together own all rights, title, and interests, including all copyrights, patent rights, trademark rights, trade secret rights, rights in know-how, and all other intellectual property rights in and to (a) this Site, including the design, features, functionality, navigation, and "look and feel" of this Site and the hardware, software, code, interfaces and connectivity used to operate and maintain this Site, and (b) the Content, including the www.metos.at/fieldclimate software and other software and tools made available through this Site. No right, title or interest in any of the foregoing is transferred to or acquired by you or your company under this Agreement or by virtue of your or your company's use of this Site, except the right to use the Site subject to the terms of this Agreement.
Third-Party InformationSome of the information, articles and other materials available through this Site are provided to us by third parties. These third-party materials include news, commentary, weather information, market information, and pest reference and treatment information. These third-party materials are provided for your and your company's interest and convenience only. Although we select with care the vendors who provide these materials to us, we do not endorse these materials or the vendors who supply them to us, nor do we warrant or represent that these materials are current, accurate, complete or reliable. It is your and your company's responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You and your company use these materials at your and your company's own risk and subject to the third-party disclaimers.
Product InformationAs used in this Agreement the term "Pessl Instruments GmbH. Product(s)" refers to the full line of agricultural products sold by the Pessl Instruments GmbH. Entities. Persons intending to use a Pessl Instruments GmbH. Product must read and follow the label accompanying that Pessl Instruments GmbH. Product and comply with all applicable laws and regulations relating to the use of that Pessl Instruments GmbH. Product.
Disclaimer of WarrantiesTHIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE PESSL INSTRUMENTS GMBH. ENTITIES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PESSL INSTRUMENTS GMBH. ENTITIES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS HEREBY DISCLAIM (A) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ITS CONTENT AND ANY PRODUCTS OR SERVICES DESCRIBED ON OR MADE AVAILABLE THROUGH THIS SITE; (B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY PART OF THIS SITE; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D) WARRANTIES RELATING TO THE SECURITY OF THIS SITE OR THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES; (E) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY, COMPLETENESS, SUITABILITY, RELIABILITY, OR THE RESULTS OF THE USE OF THIS SITE, INCLUDING ANY CONTENT, INCLUDING PRODUCT LABELS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE; (F) WARRANTIES RELATING TO WEBSITES TO WHICH THIS SITE IS LINKED. CERTAIN JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND/OR YOUR COMPANY.
Experts OnlineThe Experts Online feature of this Site allows you the opportunity to send agronomic related questions to our experts online. This feature is provided for your interest and convenience. The usefulness of our response to your question depends on the completeness and the accuracy of the information on which it is based and other factors beyond our control, such as weather. You and your company are solely responsible for evaluating the value and usefulness of our response. No representative of any Pessl Instruments GmbH. Entity has authority to recommend off-label uses of any Pessl Instruments GmbH. Product, nor does your retailer. www.metos.at/fieldclimate will post representative questions and answers that we believe may be of interest to other registered users on the www.metos.at/fieldclimate "Q&A" page. Please do not include any confidential, proprietary or personally identifiable information in your question. We reserve the right to edit questions for clarity or length. Please review our terms and conditions regarding submissions before sending us any information.
Limitation Of LiabilityYOUR AND YOUR COMPANY'S USE OF THIS SITE, ITS CONTENT, INCLUDING PRODUCT LABELS, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE IS AT YOUR AND YOUR COMPANY'S SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL THE PESSL INSTRUMENTS GMBH. ENTITIES OR THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR OR YOUR COMPANY'S ACCESS OF, USE OF OR INABILITY TO USE THIS SITE, ITS CONTENT, INCLUDING PRODUCT LABELS, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE OR YOUR OR YOUR COMPANY'S RELIANCE ON ANY INFORMATION PROVIDED THROUGH THIS SITE. WITHOUT LIMITING THE FOREGOING, THE PESSL INSTRUMENTS GMBH. ENTITIES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENT; THIS APPLIES IN PARTICULAR TO ANY INFORMATION ABOUT PRODUCTS AND SERVICES SUPPLIED BY THE PESSL INSTRUMENTS GMBH. ENTITIES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, INTERRUPTION OF BUSINESS LOSS OR DAMAGE TO OF DATA OR GOODWILL, AND LOSS OF REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY OF THE PESSL INSTRUMENTS GMBH. ENTITIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES. YOU AND YOUR COMPANY ACKNOWLEDGE AND AGREE THAT PESSL INSTRUMENTS GMBH. COULD NOT MAKE THIS SITE AND ITS CONTENT AVAILABLE TO YOU AND YOUR COMPANY AT NO CHARGE IF THEIR LIABILITY WERE NOT LIMITED AS SET FORTH ABOVE. IF ANY OF THESE LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE PESSL INSTRUMENTS GMBH. ENTITIES AND THEIR RESPECTIVE SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND/OR YOUR COMPANY AND YOU AND/OR YOUR COMPANY MAY HAVE ADDITIONAL RIGHTS.
Right to Change SiteWE RESERVE THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS SITE, OR TO SHUT DOWN THIS SITE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY TO YOU OR YOUR COMPANY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
SecurityPessl Instruments GmbH. uses industry-standard, SSL (Secure Socket Layer) encryption and decryption methodology to protect information while in transit to and from Pessl Instruments GmbH. servers. You and your company acknowledge, however, that the Internet is not a reliable means of communication; Pessl Instruments GmbH. does not warrant the security of any information transmitted through the Internet.
Governing Law and JurisdictionThis Agreement shall be governed by, subject to, and construed in accordance with the laws of the Austria without regard to conflict of law principles. Any action relating to this Agreement shall only be brought in a court of competent jurisdiction in Austria, and you and your company consent to the jurisdiction, venue and convenience of such courts. Interpretation As used in this Agreement, the term "including" means "including, but not limited to." Waiver Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver by Pessl Instruments GmbH. of any breach of any provision of this Agreement of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement. Severability If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
Entire AgreementThis Agreement constitutes the entire agreement between you and your company and Pessl Instruments GmbH. with respect to your and your company's access to and/or use of this Site. This Agreement shall not be amended except as expressly set forth herein. The parties hereto have requested that this Agreement and any related schedules be drafted in English.
Effective DateThis Agreement is effective as of January 11th, 2006.