MyAgReport.com Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, THE MOBILE APPLICATION (“APP”) AND/OR SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND TO RECEIVE THE SERVICES AND USE OUR SITE AND/OR APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, “You” and “Your” will refer and apply to that company or other legal entity. You and Piertech Industries LLC (“Piertech”, We or Us) may each be referred to as “Party” and together as “Parties”.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
By using our Services, You represent and warrant that You are an individual of legal age to form a binding contract. If You’re agreeing to these Terms on behalf of an organization or entity, You represent and warrant that You are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "You" and "Your" in these Terms, except for in this sentence, refer to that organization or entity).
2. User Account Information
You agree to provide the location, field map or boundary, chemicals used, rates at which chemicals are used, farming practice relating only to You, Your Applicator Number (“Data”) to us. All information You provide to us will be true, accurate, current, and complete. You will be responsible for all activities that occur under Your password, You should keep Your password confidential. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. If You have reason to believe that Your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit, or charge card number), You will immediately notify us. You will be liable for the losses incurred by us or others due to any unauthorized use of Your account.
3. Grant of License
Subject to these Terms, We grant to You permission to access the Site, the App and use the Services upon payment of the Subscription Fees (defined below).
We own the Services. The information provided and materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, analytics, benchmarking articles, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright, trademark, trade secret and/or other intellectual property laws.
We own the Content presented or available through the Services other than Your Data, Your Personal Information, User Submissions or other third party content that we make available through the Services, the Site and/or the App.
You promise that You won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by You without the prior consent of the owner of that Content.
5. User Submissions and Data.
Anything You post, upload, share, store, or otherwise provide through the Services, Site and/or the App, including any images that You upload to our image database, is Your "User Submission."
We will never share Your Data or any User Submission that identifies You with a third party without Your consent.
6. Responsibility for Content.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and You access all such information and content at Your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss You might suffer in connection with it. We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to any Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services.
The Services may contain links or connections to third party websites or services that are not owned or controlled by us. When You access third party websites or use third party services, You accept that there are risks in doing so,
websites and services.
We have no control over,
and assume no responsibility for, the content, accuracy, privacy policies, or practices of opinions expressed in any third party websites or by any third party that You interact with through the Services. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, You release and hold us harmless from any and all liability arising from Your use of any third party website or service. Your interactions with organizations and/or individuals found on or through the Services are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
7. Additional Rules and Restrictions.
Your use of the Services is subject to the following additional rules and restrictions:
- You may use the Services for Your own internal use or benefit only. You MAY NOT and will not allow any other person or entity to:
- copy, download, display, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Service in any manner or (to the extent such restriction is allowed by law) reverse engineer or decompile any code, script, or software forming part of the Service.
- obtain or attempt to obtain unauthorized access to the Service;
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
- sell, lease, loan, distribute, transfer, or sublicense the Service or access thereto or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise, without our prior, express, written permission;
- post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
- "frame" or "mirror" the Service, any information contained on, framed within, or accessible from or through the Service on any other server or Internet-based device without our advanced written authorization.
- If Your use of the Services is prohibited by applicable laws, then You aren’t authorized to use the Services.
- You warrant that You have the right to provide Data and User Submission to us.
- You will not contribute any Data, content or User Submission or otherwise use or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of Your Myagreport.com account or anyone else’s, such as allowing someone else to use Your user name or password to access the Services (except on Your behalf);
- Violates the security of any computer network, or wrongfully obtains any passwords or security information;
- "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means) or copies any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
8.1 Changes to these Terms and Conditions.
We reserve the right, at our sole discretion, to modify the Services, the Site or the App or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and/or provide You notice of the modification by email or text message. We will also update the “Last Updated” date at the top of these Terms. Changes to these Terms will be effective at the time of posting. Your continued access or use of the Site, the Services and/or the App will constitute acceptance of the modified Terms. If the modified Terms contain material changes (by decreasing Your rights or increasing Your responsibilities), we will provide You with notice prior to the changes taking effect. If the modified Terms are not acceptable to You, Your only recourse is to terminate these Terms, close Your Myagreport.com account and delete the App from Your devices. If You do not terminate these Terms You will be deemed to have accepted the changes.
8.2 Changes in Services.
We may suspend or discontinue any part of the Services, the Site or the App or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, the Site or the App. We’ll try to give You notice when we make a material change to the Services, the Site or the App that would adversely affect You, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges You contributed that Content in violation of these Terms), in our sole discretion, and without notice.
You’re free to stop using the Services at any time terminate these Terms by closing Your Myagreport.com account and deleting the App from Your devices.
of any Content associated with Your account, so keep that in mind before You decide to terminate Your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination.
10. Fees and Payment
The provision of the Services is subject to payment of the relevant subscription fees as described from time to time on our registration page at http://myagreport.com/register.aspx through a valid credit card. By entering Your credit card information, You represent that You are the lawful owner of the credit card or that You have been authorized by the lawful owner to use the credit card for payment of the subscription fees. Subscription fees are due in advance for each subscription period of 12 months (“Subscription Period”) and once paid are non-refundable even if You terminate these Terms and close Your MyAgReport.com account prior to the expiration of the Subscription Period. Subject to the termination provisions of these Terms, upon expiration of any Subscription Period
it will be automatically renewed for another 12 months’ period (each a Subscription Period). You authorize us to charge the credit card on file for any subscription fees for any renewal Subscription Period. If we attempt to charge Your credit card for a subscription fee and are unsuccessful, access to Your MyAgReport.com account will be suspended or terminated until You provide us with a valid credit card which we are able to charge for the full then due Subscription Fee.
You acknowledge and agree that in order to process the payment for any Subscription Fee we may use a third party payment processor and hereby authorize us to share Your payment information with such payment processor and other third parties who may provide payment related services to us including but not limited to services relating to fraud prevention.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon advance notice communicated to You through a posting on the Site or such other means as we may deem appropriate from time to time including email and/or text message.
Neither us, nor our employees or contractors (“Piertech Parties”) makes any representations or warranties concerning the Services and/or any Content contained in or accessed through the Services, and none of the Piertech Parties will be responsible or liable for the accuracy, copyright compliance, legality, or decency of Content contained in or accessed through the Services.
THE SERVICES, SITE AND
APP ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND WE HEREBY DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY, ACCURACY, RELIABILITY OR USEFULNESS OF THE SERVICES, THE SITE AND THE APP, OR THAT YOU WILL EXPERIENCE ANY PARTICULAR CROP OR SEED PERFORMANCE OUTCOME OTHER RESULTS OR THAT YOU WILL BE COMPLIANT WITH ALL RULES AND REGULATIONS RELATING TO YOUR FARMING ACTIVITIES INCLUDING SPRAYING. YOU ACKNOWLEDGE AND AGREE THAT ANY RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE DEPENDENT ON THE INFORMATION YOU HAVE ENTERED REGARDING YOUR FARM AND ACTIVITIES. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SPRAY REPORTS OR HOW THEY WILL AFFECT YOUR CROP OR THE LEGALITY IN YOUR STATE. THE FINAL DECISION-MAKER AS TO HOW TO USE THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES BELONGS YOU AND/OR YOUR CONSULTANTS. YOU ARE SOLELY RESPONSIBLE FOR FOLLOWING ALL RULES AND REGULATIONS APPLICABLE TO YOUR SPRAYING AND KNOWING WHAT NEED TO BE RECORDED ON YOUR RECORDS TO BE STATE APPROVED. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF A DECISION MADE OR ANY ACTION TAKEN BY YOU OR YOUR CONSULTANTS IN RELIANCE ON THE SERVICES OR ANY RESULTS OBTAINED FROM THEIR USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONLY PORTIONS OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS
11.2 Limitation of Liability.
Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE, THE APP AND/OR THE SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE, THE APP OR THE SERVICES OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE OR THE APP, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, THE APP OR ACCESS OR USE OF THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; OR (F) ANY OTHER MATTER RELATING TO OUR SITE.
Maximum Liability. IN NO EVENT WILL OUR LIABILITY EXCEED THE MONIES RECEIVED BY US FOR THE SERVICES PROVIDED TO YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING ANY CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.
You may not assign, delegate or transfer these Terms or Your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
11.4 Agreement to Arbitrate and Class Action Waiver.
We encourage You to contact Us
at SUPPORT@MYAGREPORT.COM in the event of any disputes. If we can’t resolve a dispute through Customer Service, You and us
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so we are all giving up our right to a trial before a judge and jury. Arbitrations have different rules than lawsuits in court. They are less formal than lawsuits in courts,
and provide limited opportunity to force the other side to share information relevant to the dispute—a process called discovery. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. But, if any of us does not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
The arbitration will be administered by American Arbitration Association under its Commercial Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The cost of arbitration shall be borne by non-prevailing
11.5 No Class Actions.
You and us
each agree that either party can only bring a claim against the other on an individual basis. That means:
11.6 Copyright Notice and Take-Down Policy.
- Neither You nor us can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.
- The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).
Notice of Infringement.
Piertech respects copyright law and expects its users to do the same. Piertech's policy is to terminate in appropriate circumstances the Piertech account or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. As such, Piertech adheres to the following notice and take down
policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If You believe any member content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Piertech’s designated agent (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to be infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringed or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that You have a Merchandise faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and that You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Piertech’s Copyright Agent to receive DMCA Takedown Notices is:
SUPPORT@MYAGREPORT.COM. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Us to be authorized to takedown any content, Your DMCA Takedown Notice must comply with all of the requirements of this Section.
If a user of our website or the Services believes that their content was removed or disabled by mistake or misidentification, the user can send us a written counter-notification that includes the following: Email Your counter-notice to SUPPORT@MYAGREPORT.COM.
Include ALL of the following:
- Your name, address, and telephone number.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that You have a good faith belief that the content was removed in error.
- A statement that You consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which You are located, and that You will accept service of process from the person who originally provided Piertech with the Notice.
- A physical or electronic signature (for example, typing Your full name).
11.7 Additional Terms for Mobile Applications.
If You access or download the App from the Apple App Store, You agree to Apple’s Licensed Application End User License Agreement. Some areas of the Service implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service. These Terms apply to Your use of all the Services, including any App available via the Apple, Inc.’s App Store, Google Inc.’s GooglePlay, or any other third party application store (collectively, the "Application Provider"), but the following additional terms will also apply to the Application: Both You and Piertech acknowledge that:
- the Terms are concluded between You and Piertech only, and not with the Application Provider, and that the Application Provider is not responsible for the App or the Content;
- the Application is licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for Your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the App in connection with a device that You own or control;
- You acknowledge and agree that the Application Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, including those implied by law, You may notify the Application Provider of such failure;
- upon notification, the Application Provider’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the App;
- You acknowledge and agree that we, and not the Application Provider, is responsible for addressing any claims You or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, we, and not the Application Provider, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; and
- You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties;
Both You and we acknowledge and agree that, in Your use of the App, You will comply with any applicable third party terms of agreement which may affect or be affected by such use; and Both You and we acknowledge and agree that the Application Provider and the Application Provider’s subsidiaries are third party beneficiaries of these Terms, and that upon Your acceptance of these Terms, the Application Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as the third party beneficiary hereof.
11.8 Intellectual Property and Copyright
The Site, Services, and contents are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and
content, including all associated intellectual property rights, are the exclusive property of Piertech and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Piertech used on or in connection with the Site and Services, are trademarks or registered trademarks of Piertech in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, the App, the Services, and content are used for identification purposes only and may be the property of their respective owners.
11.9 Geographic Consideration.
The Site is based in the United States. The Service is rendered by Piertech with an address at 13182 423RD AVE. PIERPONT, SD 57468. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. Access to the Site from territories where the Site or any of its services or products are illegal is prohibited. You acknowledge that You remain responsible at all times for Your compliance with U.S.
and all applicable export and related statutes and regulations
All notices, requests, and other communications will be sent to Your email address provided herein or by text message if you provide mobile
telephone number, and if to Piertech to the email address SUPPORT@MYAGREPORT.COM or to any other addresses as either party may specify to the other in writing. Notice is made when received. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying You about the status of Your order, sending You reminders, facilitating secondary authentication, and providing other information. We may contact You by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by You. Standard message and data rates charged by Your mobile carrier may apply to the text messages we send You. You may opt out of receiving communications by following the unsubscribe procedures we provide to You. In the case of text messages, You may opt out
by replying "STOP" to a text message You receive from us or by emailing SUPPORT@MYAGREPORT.COM. You acknowledge that opting out of receiving communications may impact Your use of the Services.
12.1 Governing Law
-These Terms are governed by and will be construed under the laws of the State of South Dakota, without regard to the conflicts of laws provisions thereof, except that The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether the Agreement to Arbitrate and Class Action Waiver below can be enforced and how it should be interpreted. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES AND/OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12.2 No Waiver
-The failure of either You or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Piertech is an independent contractor; nothing in these Terms shall be construed to create a partnership, joint venture or agency relationship between You and Piertech. Waiver of any one default will not waive subsequent defaults of the same or different kind, and no failure or delay of either party to exercise or enforce any of its rights under these Terms will act as a waiver of those rights.
- If any provision or part of a provision in these Terms is illegal, invalid, or unenforceable by a court or other decision-making authority, then the remainder of the provision will be enforced, and the validity of all other provisions in these Terms will not be affected or impaired.
12.4 Force Majeure
-Each party will be excused from performance for any period during which, and to the extent that, it or its subcontractor(s) is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control (“Force Majeure Event”) this includes failure to make timely payment of Your rent to Your landlord based solely on a Force Majeure Event.
12.5 Entire Agreement
- You and us
agree that these Terms are the complete and exclusive statement of the mutual understanding between You and us,
and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
12.6 Relationship of the Parties
- The relationship of the Parties shall not be that of partners, agents or joint venturers for one another, and nothing contained in these Terms shall be deemed to constitute a partnership or agency agreement between the Parties for any purpose. Piertech and You shall be independent Parties and shall discharge their contractual obligations at their own risk subject to these Terms.
12.7 No Third Party Beneficiaries
- Except for the Piertech Parties, You and us agree there are no third party beneficiaries intended under these Terms.
- The following provisions shall survive any termination of these Terms: Limitation of Liability, Disclaimer, Fees, No class action, Governing law and Arbitration.