Terms Of Use

SoilOptix Inc.

Website Terms and Conditions of Use

Last updated  25 April 2023

This website is operated by SoilOptix Inc. (“SoilOptix”). Throughout the site, the terms “we”, “us” and “our” refer to SoilOptix. SoilOptix offers this website and any related software apps for mobile devices, including all information, tools, and services available from this site or apps (“Site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site or filling in a contact form you agree to be bound by the following terms and conditions (“Terms and Conditions of Use” or “Terms”), which include those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, etc.

By accessing or using the Site, you agree to be bound by these Terms. Please read them carefully. If you do not agree to all the Terms, then you do not have permission to access the Site.

Any new content, features or tools which are added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. Such posting shall constitute notice of any new or revised terms or conditions.

Privacy

Please review our Privacy Policy, which is also a part of our Terms, to understand how we protect your privacy.

Communications

When you use our Site or submit a contact form, you are communicating with us electronically. You understand that your information as submitted may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You consent to receive communications from us electronically. We may communicate with you electronically in a variety of ways, including but not limited to, by email or by posting notices and messages on the Site. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By submitting a contact form to us, you consent to being contacted by us for the purpose of providing you with information about our services.

Availability, Errors and Inaccuracies

We are constantly updating product and service offering information on the Site. We may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Please contact us directly for the most current and specific information about our products and services.

Intellectual Property

The Canadian, U.S. and other international intellectual property laws protect the written, visual, digital, and audio content (“Works”)  that are posted on our Site. Copyrights in the Works  are held by SoilOptix and its licensees. Access to the Works  by you, the user, is intended only for personal and non-commercial use. Any other use of the Works accessed through the Site is strictly prohibited. Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, produce display, or in any way exploit, any of the Works, in whole or in part, except as may be expressly permitted by the copyright holder(s) or by law. By accessing Works on the Site, you hereby acknowledge and agree to these Terms.

The Site and its Works, features and functionality are and will remain the exclusive property of SoilOptix, and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SoilOptix.

Unauthorized uses are infringements of the intellectual property laws of Canada, the U.S. and other countries and may subject the user to civil and/or criminal penalties.

Links To Other Web Sites

Our Site may contain links to third party websites or services that are not owned or controlled by SoilOptix.

SoilOptix. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that SoilOptix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless SoilOptix. and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees), resulting from or arising out of a) your use of and access to the Site; or  b) a breach of these Terms.

Disclaimer

Your use of the Site is at your own risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to their  conflicts of laws provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site , and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

Contact Us

If you have any questions about these terms, please contact us at: [email protected]