R.H. Hallett owns and operates the Internet site located at aphidapp.com and the software program Aphid Advisor made available at that Internet site (the "Application"). The terms "R.H. Hallett", "Rebecca Hallett", "we", "us" and "our" refer to R.H. Hallett. Aphid Advisor is an application for mobile devices, provided by R.H. Hallett. By downloading the Application, you are agreeing to comply with and be bound by these terms of use (the "Agreement"). R.H. Hallett reserves the right, at any time, to modify, alter, or update this Agreement. Your use of the Application following any such change constitutes your agreement to follow and be bound by this Agreement as changed. Such changes, modifications, additions or deletions will be effective immediately, and will be posted on the website where this Agreement is posted. You agree to regularly review this Agreement and to be aware of such revisions. If you do not agree to such changes, you must cease use of the Application. This Agreement applies to all users of the Application. As a user, you represent and warrant that you are fully able and competent to enter into the terms and conditions set forth in this Agreement, and that you agree to comply with this Agreement. In cases where you have authorized a minor to use the Application, you recognize that you are fully responsible for: (i) the minor's use of the Application; (ii) controlling the minor's access to and use of the Application; and (iii) the consequences of any misuse by the minor.
All information, including, without limitation, all text, source code, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof comprised in the Application ("Application Content") is, unless otherwise noted, subject to intellectual property rights including copyrights and trade-marks held by or licensed by R.H. Hallett.
Subject to your compliance with this Agreement, R.H. Hallett grants you a non-exclusive, revocable license to install and use the Application and Application Content on your mobile device. Except as expressly provided in this Agreement, no licence to use, copy, distribute, republish, transmit or otherwise exploit the Application or any Application Content is given to you and all intellectual property rights in and to the Application and the Application Content are expressly reserved to R.H. Hallett or our licensors, as applicable. You may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Application. You acknowledge and agree that the Application is for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Application. You agree to be fully liable for any unauthorized access to or use of the Application.
You agree to use the Application in a manner that complies with all applicable laws, rules and regulations, including, without limitation, those relating to use of mobile devices while operating a vehicle. R.H. Hallett reserves the right to deny, revoke or disable access to the Application, or any part thereof, at any time in its sole discretion, with or without cause and without notice to you.
THE APPLICATION IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R.H. HALLETT DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), INCLUDING THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. R.H. Hallett does not represent, warrant or covenant that the Application will be available, uninterrupted, timely, secure, or error free. R.H. Hallett does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Application with respect to performance, accuracy, reliability, security capability, currency or otherwise. R.H. Hallett does not guarantee the accuracy of any Application Content or other information displayed by the Application, including but not limited to soybean pest management information and representations of geographic results.
YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL R.H. HALLETT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF THE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIAL WHILE USING THE APPLICATION.
R.H. Hallett and our suppliers are hereby authorized to transmit User Data as is appropriate for generating aggregate results and maps for use within Aphid Advisor and/or for research and extension purposes. In all collection of data, data will not be associated with User names. In all presentations of User Data, R.H. Hallett will not display or reveal User names.
This Agreement is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE APPLICATION OR THIS AGREEMENT WILL BE INSTITUTED ONLY IN A PROVINCIAL COURT LOCATED IN ONTARIO, CANADA. YOU AND R.H. HALLETT AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party's right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of the Application for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of the Application and supersedes and replaces any prior agreement and communication between the parties relating thereto.
