bioLinks Data Use Policy
TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
The following terms and conditions (‘Terms of Use’) govern your use of this Service and the materials and information on it (the ‘Content’). By clicking ‘agree’ below, you are signifying your consent to be bound by the Terms of Use. If you do not accept these Terms and Conditions, you cannot use the BioLinks application. Please also refer to our Data Use Policy .
License Grant & Restrictions
AgSights grants you a non-exclusive, non-transferable, limited, terminable right to access and use the Service, solely for your related business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by AgSights. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet ‘links’ to the Service or ‘frame’ or ‘mirror’ any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Your Responsibilities
You are responsible for all activity occurring under your user account and you shall abide by all applicable local, provincial, state, federal and foreign laws, treaties, and regulations in connection with your use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify AgSights immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to AgSights immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; and (iii) not impersonate another user or provide false identity information to gain access to or use the Service.
Account Information
By accepting this Agreement, you consent to the transmission and use of certain computer information, such as your access information, validation result, certain information regarding your IP address which will be retained by AgSights in association with this computer information, and so forth. AgSights will not use this information to identify or contact you, other than as may be provided for in this Agreement. AgSights reserves the right to withhold, suspend or terminate your access to the Service, with or without notice for any breach, including, without limitation, your failure to abide by your obligations under Section 3, or a breach as between the Suppliers. Upon termination for any reason, your right to access or use the Service immediately ceases.
Intellectual Property Ownership
AgSights shall own all right, title, and interest, including all related Intellectual Property Rights in Content and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Technology, or the Intellectual Property Rights. The bioLinks name and logo are trademarks of AgSights, and other than as expressly stated herein no right, title or license, expressly, by implication, otherwise, is granted to use them.
Third Party Interactions
AgSights does not endorse any sites on the Internet that are linked through the Service. In no event shall AgSights be responsible for any content, products, or other materials on or available from such sites. AgSights provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware, or services.
Agreement Term
This Agreement commences on the Effective Date and will remain in effect until termination or expiration of this agreement under Sections 7or 8 below. The Term will automatically renew for successive one (1) year periods thereafter upon having a valid, up-to-date account with AgSights. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. You agree and acknowledge that AgSights has no obligation to retain Customer Data, and may delete such Customer Data, more than 30 days after termination.
Termination - General
In addition to any other rights granted to AgSights herein, AgSights reserves the right to terminate this Agreement and your access to the Service immediately, with or without notice, if you breach any of the terms of this Agreement.
Termination for Cause
Without limiting the generality of Section 7 above, any unauthorized use of the Technology or Service will be deemed a material breach of this Agreement. AgSights, in its sole discretion and without notice, may terminate your password, account, or use of the Service if you breach or otherwise fail to comply with this Agreement. Except as provided for herein, you acknowledge and agree that AgSights has no obligation to retain Customer Data, and may delete such Customer Data, if you have materially breached this Agreement.
Your Representations and Warranties
You represent and warrant that: (i) you are an authorized client, employee, consultant, agent of AgSights who has the right, pursuant to your agreement with AgSights, to use the Service; (ii) you have lawful access to the Service that was granted to you by a duly authorized representative of AgSights; and (iii) you will not enable anyone to access your account in order to falsely identify themselves nor provide any false information to gain access to the Service.
Mutual Indemnification
You shall indemnify and hold AgSights, their affiliates, and all of their respective officers, directors, employees, agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that your use of the Service infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations, warranties and covenants herein; or (iii) a claim arising from the breach by you of this Agreement.
Disclaimer of Warranties
AGSIGHTS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. AGSIGHTS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY INFORMATION OR OTHER DATA OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN ‘AS IS’ BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY AGSIGHTS.
Internet Delays
AGSIGHTS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AGSIGHTS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
High Risk Activities
BIOLINKS HAS NOT BEEN DESIGNED, TESTED OR VERIFIED FOR USE ON EQUIPMENT INVOLVED IN HIGH RISK ACTIVITIES OR IN MISSION CRITICAL APPLICATIONS WHICH REQUIRE EXTREME FAULT TOLERANCE. THEREFORE, THE APPLICATION MUST NOT BE USED ON ANY COMPUTERS THAT PERFORM OR COMMUNICATE WITH COMPUTERS WHICH ARE INVOLVED IN SUCH APPLICATIONS.
Limitation of Liability
IN NO EVENT SHALL AGSIGHTS AGGREGATE LIABILITY TO YOU FOR EVERY REASON WHATSOEVER EXCEED ONE DOLLAR ($1.00). IN NO EVENT SHALL AGSIGHTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Local Laws and Export Control
You acknowledge and agree that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which Canada, the United States, Brazil and/or the European Union maintains an embargo (collectively, ‘Embargoed Countries’), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, ‘Designated Nationals’). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all Canadian, U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
AgSights makes no representation that the Service is appropriate or available for use in other locations. If you use or access the Service from outside Canada, the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to Canadian, United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the Canadian and United States governments or appropriate European body for such purposes.
Logo
You shall not alter, deface or delete any bioLinks design marks, trade name, trademark or logo, nor attempt to do so.
Notice
AgSights may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in AgSights files. Such notice shall be deemed to have been given 12 hours after sending. You may give notice to AgSights (such notice shall be deemed given when received by AgSights) at any time by any of the following: letter sent by confirmed facsimile to AgSights at the following fax number: (519) 767-2605; letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to AgSights at Unit 209 Old Quarry Commons, 294 Mill Street Elora, Ontario, N0B 1S0.
Modification to Terms
AgSights reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You will be responsible for reviewing and acceptance of any modified Agreement. Acceptance and continued use of the Service after any such changes shall constitute your consent to such changes.
Assignment
This Agreement may not be assigned by you without the prior written approval of AgSights but may be assigned without your consent by AgSights.
General
This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable thereto, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and AgSights as a result of this Agreement or use of the Service. The failure of AgSights to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AgSights in writing. This Agreement comprises the entire agreement between you and AgSights, and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. You agree that this Agreement is not a “consumer agreement” or an “internet agreement” as those terms are defined under the Consumer Protection Act, 2002 (Ontario).
Definitions
Unless otherwise expressly indicated, as used in this Agreement the following words shall have the following meanings: (i) ‘Agreement’ means these online Terms of Use and any materials available on the AgSights website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by AgSights from time to time in its sole discretion; (ii) ‘Content’ means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; (iii) ‘Customer Data’ means any data, information or material provided or submitted by you to the Service in the course of using the Service; (iv) ‘Effective Date’ means the date this Agreement is accepted by you by on-line or other evidence of your acceptance of the same; (v) ‘Intellectual Property Rights’ means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; (vi) ‘Service(s)’ means individually or a combination of either AgSights Content and bioLinks Service, (vii) ‘AgSights’ and ‘AGSIGHTS’, a not-for-profit Ontario Corporation, having its principal place of business at 294 E Mill St, #209, Elora Ontario, N0B 1S0, an Ontario Corporation; (viii) Suppliers means AgSights.
Version: 1.0.0 – Revision Date: July 27, 2021
