These Terms of Use (these “Terms”) apply to your access to, and use of our mobile applications (collectively the “Apps”), website, and online platforms, including, without limitation, Software, Hardware, WA-Sense (collectively, the “Services”), which are owned and operated by Lion Agritech Pte Ltd. (“Lion Agritech”, “we”, “us” or “our”). THESE TERMS ARE IMPORTANT, CONTAIN LEGAL OBLIGATIONS AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. NOTE THAT SECTION 20 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING OUR SERVICES OR CREATING AN ACCOUNT, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES.
To be eligible to use the Services you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are 18 years of age or older/of legal age to enter into a binding agreement; (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services; (c) will only maintain one Account at any given time; (d) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms and applicable law at all times; and (e) agree to use your name and your email address when registering.
If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. If you are a dealer of Lion Agritech products and services (“Dealer”) and are accessing or using our Services on behalf of a grower, you (i) represent that you are authorized to provide the User Data on behalf of the grower, (ii) represent that the grower also has accepted, or will accept, these Terms prior to accessing or using our Services, and (iii) acknowledge and agree that you are responsible to us for your use of the Services on behalf of the grower and for any violation of these Terms.
Certain features of the Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature constitutes your acceptance of these Additional Terms before using such feature. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate. These Terms and Additional Terms apply equally. If any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail only for the feature(s) to which that Additional Term applies.
Please refer to our Privacy Policy (https://lionagri.com/privacy-policy) for information about how we collect, use and disclose information about you.
You may need to register for a user account (“Account”) to access some or all of our Services. It is your responsibility to prevent disclosure of your username and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We shall not be liable or responsible for any damages that result from your failure to keep your username and/or password secure. You are responsible for all activity in your Account. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.
As part of activating your Account, you are required to provide us with a valid email address and to update this address if you change your email account. By creating an Account, you also consent to receive electronic communications from Lion Agritech (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., password changes and other transactional information) and marketing communications (e.g., promotional information about our products and services). These communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
When you enroll in a Lion Agritech text messaging program, you will receive confirmation of your enrollment and you give your consent to Lion Agritech (including its affiliates) and its service providers to use any automated (including an automatic dialing system) and non-automated technologies to deliver text messages to the mobile number to which you have directed Lion Agritech to transmit these text messages. You acknowledge this consent is not a condition of purchasing any Services. You represent that you are the owner of the wireless device for which you have authorized enrollment in the Lion Agritech text messaging programs and are responsible for messages sent from the device. You acknowledge that text communications are not secure or encrypted and third parties can sometimes intercept messages or disguise messages as though they were sent by us. You agree that you will not text Lion Agritech or its affiliates any confidential or sensitive information. By continuing to use a Lion Agritech text messaging program, you agree that we will not be liable for any unauthorized access or interception of text communications with us.
Message and data rates may apply from your mobile carrier, as provided in your mobile telephone service rate plan (please contact your mobile carrier for pricing plans), in addition to any applicable roaming charges. By enrolling in a Lion Agritech text messaging program, you agree to pay any such charges. Lion Agritech does not charge for the use of text messaging programs. Message frequency will vary based on the text messaging program and user activity.
You may opt out of, or re-enroll in, a Lion Agritech text messaging program through the applicable App or Service. If you opt out of one Lion Agritech text messaging program, you will remain opted into other Lion Agritech text messaging programs (if applicable) unless you opt out of those programs separately. If you have any questions or need help, please contact Customer Support. Unsolicited text messages sent to Lion Agritech will not be monitored. You agree that you will promptly notify Lion Agritech if your mobile phone number changes. You agree to indemnify Lion Agritech in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Lion Agritech if you change your mobile phone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Lion Agritech reserves the right to terminate any of the text messaging programs, in whole or in part, at any time without notice. Text messaging programs are provided on an AS IS, AS AVAILABLE basis.
You agree to pay the fees specified when you made your purchase through the Services. Prices offered on the Services are quoted in U.S. Dollars. Such prices do not include sales, use, and other taxes (collectively, the “Taxes”) where applicable. We will collect applicable Taxes on services for which we determine we have a duty to collect Taxes. You are responsible for any Taxes that may apply to your order, which will be added to your total price during the checkout process and/or in the invoice you receive from Lion Agritech. All payments are final and non-refundable. If the amount you pay is incorrect, regardless of whether it is an error in a price posted on the Services or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order, notify you through the contact information you provided during the order process, and refund to you the amount that you paid, regardless of how the error occurred.
Lion Agritech allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order. You may pay by credit, debit, or check card. When you provide Lion Agritech with your card information, and authorize the transaction, Lion Agritech’s third-party payment processor will bill your credit card or process the transaction under your debit or check card you provided.
Lion Agritech accepts American Express, MasterCard, and Visa (subject to change without notice). Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. We require the security code of your card for any purchase to protect against the unauthorized use of your card by other persons. You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to make your purchases and that the billing and related information you provide is accurate and truthful. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Lion Agritech, nor any Lion Agritech agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay Lion Agritech for charges, Lion Agritech reserves the right to immediately suspend or terminate your access to and use of the Services. Any agreement you have with your payment provider governs your use of your specified payment method.
If you dispute any charge for purchases, you must notify Lion Agritech in writing within sixty (60) days of any such charge; failure to so notify Lion Agritech shall result in the waiver by you of any claim relating to such disputed charge; and charges shall be calculated solely based on records maintained by Lion Agritech.
If you purchase a subscription to a service, such subscription recurs on an annual basis until it is canceled in accordance with this section. Billing occurs at the beginning of the subscription period and provides access for one year thereafter. By purchasing a subscription, you acknowledge that your subscription has recurring payment features, and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or Lion Agritech. If you terminate your subscription, you may use your subscription until the end of the then-current period and your subscription will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Lion Agritech may immediately terminate or suspend your Account, and all or a portion of your subscription, without notice if your payment is overdue. Your failure to terminate and/or continued use of your subscription reaffirms that we are authorized to charge you for that subscription. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. You hereby authorize us to charge your specified payment method on an annual basis in line with your subscription period, in advance, for your subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your subscription(s).
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase or in an invoice. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.
Our Services may obtain content or data directly or indirectly from or through you or your employee, Dealer, representative, or agent (“Agent”) or your or your Agent’s use of the Services (collectively, “User Data”). Except for the license you grant below, as between you and Lion Agritech, you retain all rights in and to your User Data. You hereby grant Lion Agritech a perpetual, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Data in all media formats and channels now known or later developed without compensation to you; (b) use and analyze User Data to improve, and provide maintenance and support for, the Services, and for research and development purposes (both internal and with Lion Agritech third-party partners bound by a duty of confidentiality); (c) analyze User Data with similar data from other sources for identifying trends, patterns, relationships, and statistics (“Trend Data”); (d) summarize, aggregate, or otherwise consolidate User Data with similar data from other sources to develop data aggregates, indices, benchmarking, abstracts, reports, or other descriptions (“Summary Data”); (e) use and distribute to others User Data as it appears in Trend Data and Summary Data; and (f) train and develop machine learning algorithms.
If you or your Agent supply or transmit any User Data via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including, without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Data posted publicly or sent privately is the sole responsibility of the person that submitted it. Although Lion Agritech reserves the right to review or remove all User Data on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Data provided through the Services. Lion Agritech shall be entitled, under its sole discretion, to remove or edit any of the User Data at Lion Agritech’s sole discretion and without notice or explanation. Nothing in these Terms obligates Lion Agritech to display your User Data or to use it at all or in a certain manner.
Third Parties We agree to transfer User Data to a third party that has been pre-approved by us (“Lion Agritech Approved Third Party”) upon our receipt of a written or electronic request from you authorizing such a transfer (each, a “Data Transfer Authorization”). Upon our receipt of a Data Transfer Authorization, we shall be instructed and authorized by you to begin and continue transferring User Data to such Lion Agritech Approved Third Party until we receive a written or electronic request stating that transfers to such Lion Agritech Approved Third Party should cease (each, a “Data Transfer Authorization Revocation”). We will cease transfer of User Data to such Lion Agritech Approved Third Party within a reasonable period of time from the receipt of a Data Transfer Authorization Revocation. All transfers of User Data shall be performed at our sole discretion, including but not limited to, with respect to duration, frequency, file size, timing, and transfer speed. WE SHALL NOT BE LIABLE AND YOU AGREE TO HOLD US HARMLESS FOR ANY LION AGRITECH APPROVED THIRD PARTY’S USE OF USER DATA AND FOR YOUR USE OF A LION AGRITECH APPROVED THIRD PARTY.
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
You may also only upload or otherwise share User Data that you have all necessary rights to disclose. You may not upload, store or share any User Data that:
If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating wireless service provider and a compatible mobile device. You are responsible for all charges (including data and messaging charges) related to your use of the Services through your device. We do not guarantee that the Services are compatible with any particular operating system, browser, mobile device or other software or equipment.
We may modify, suspend, or discontinue any aspect of the Services at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (b) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user’s use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Lion Agritech logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Lion Agritech or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
No exclusive rights are granted by these Terms. You acknowledge and agree that the Services and Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services or Content under these Terms, or any other rights thereto other than to use the Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Lion Agritech reserves and shall retain its entire right, title, and interest in and to the Services and Content, including all patents, copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. In the event that by operation of law any of the Services or Content is not owned in its entirety by Lion Agritech automatically upon its creation, then you hereby assign and agree to assign to Lion Agritech the exclusive ownership of such Services or Content free of any charge or encumbrance. You agree to assist Lion Agritech, at Lion Agritech’s expense, to obtain for Lion Agritech and enforce any intellectual property rights for the Services and Content worldwide. You will execute any documents that Lion Agritech may reasonably request for use in obtaining or enforcing such rights and other legal protections. You hereby grant Lion Agritech the right to use your trademarks, trade names and logos in order to refer to yourself as a customer of Lion Agritech, for the purpose of promoting and marketing the Services and approaching prospective customers.
Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Services and Content solely for your personal, non-commercial use. Except for this limited license granted to you, we reserve all other rights. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time for any or no reason.
Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Lion Agritech or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
All trademarks, trade names, service marks and logos appearing on or through the Services (including, without limitation, the “Lion Agritech” names, Lion Agritech logo, and any other Lion Agritech product or service names, logos, marks, slogans, or other identifiers) (collectively, the “Trademarks”) are owned or licensed by us, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Lion Agritech,” or any other Trademark of Lion Agritech without our prior written permission. In addition, the look and feel of the Services (including, without limitation, all page headers, custom graphics, button icons and scripts) constitute the Trademark of Lion Agritech. All other trademarks, registered trademarks, product or service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Lion Agritech.
We may display content from third parties through the Services (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties.
The Services may contain links to third-party websites, products and/or services (each, a “Linked Third-Party Service”). Such links do not constitute or imply Lion Agritech’s approval, sponsorship or endorsement of any Linked Third-Party Service. Lion Agritech is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Service. When you access and use a Linked Third-Party Service, you are subject to that third party’s terms and conditions of use and privacy policy. Any rights, claims or actions you may have in respect of a Linked Third-Party Service can only be brought directly against the provider of that Linked Third-Party Service. You access and use a Linked Third-Party Service solely at your own risk.
Separate and apart from User Data, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Lion Agritech or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Lion Agritech. Lion Agritech shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Lion Agritech its affiliates, Dealers, and third-party suppliers, and their officers, directors, personnel, agents, and representatives (collectively, the “Lion Agritech Parties”) from and against, and covenant not to sue any such Lion Agritech Party for, all claims you have or may have arising out of or in any way related to these Terms.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Lion Agritech Parties from and against all actual or alleged Lion Agritech Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”) (including, but not limited to, crop loss or damages to property or personal injury) that are caused by, arise out of or are related to (a) any use or misuse of the Services or Content by you or any third party you authorize to access or use such Services or Content, (b) any User Data or Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, and (e) if you are a Dealer, your use of the Services on behalf of a grower (if the grower is bringing the Claim against a Lion Agritech Party). You agree to promptly notify Lion Agritech of any third party Claims, cooperate with the Lion Agritech Parties in defending such Claims and pay all fees, costs and expenses asso ciated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Lion Agritech Parties shall have sole control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Lion Agritech.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LION AGRITECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, AND ACCURACY OF DATA. LION AGRITECH MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LION AGRITECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT, OR THAT DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT ANY INFORMATION OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES OR CONTENT WILL BE ACCURATE OR COMPLETE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LION AGRITECH OR THROUGH THE SERVICES OR CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES AND CONTENT ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT. PERSONS USING THE SERVICES AND CONTENT ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, CONTENT, MATERIALS AND OTHER INFORMATION PROVIDED, AND AGREE THAT LION AGRITECH IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE SERVICES AND CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LION AGRITECH PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS, PERSONAL INJURY, PROPERTY DAMAGE, CROP LOSS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER DATA, THIRD-PARTY CONTENT AND LINKED THIRD-PARTY SERVICES), OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE SERVICES OR CONTENT OR ANY LION AGRITECH PARTY OR THIRD PARTY, OR FROM EVENTS BEYOND THE LION AGRITECH PARTIES’ REASONABLE CONTROL, SUCH AS SERVICE INTERRUPTIONS, DELETIONS OF FILES, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE LION AGRITECH PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE LION AGRITECH PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO ACCESS OR USE OF THE SERVICES OR CONTENT, EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE FROM WHICH SUCH LIABILITY ARISES DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY, AND (B) $1,000. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE LION AGRITECH PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE LIMITATIONS SET FORTH IN THIS SECTION 19 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Copyright Act Compliance. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control
Either you or we may terminate our relationship at any time, with or without cause. In addition, we may deactivate, terminate or suspend your Account at any time: (a) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (b) if we, in our sole discretion, determine that you have created risk or possible legal exposure for Lion Agritech; (c) in response to requests by law enforcement or other government agencies; (d) upon discontinuance or material modification of the Services, or (e) due to unexpected technical issues or problems. We may also stop providing the Services or create limits on use of the Services (in each case, whether specifically to you or generally).
These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them.
If these Terms are terminated, your license to access and use the Services and Content is also terminated, and Lion Agritech has the right to immediately delete all data, files, and other information stored in or for your Account without further notice to you. You must pay all charges up to and including the date of termination.
Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.
Lion Agritech may from time to time, in its sole discretion (without obligation), develop and provide updates for our App, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Lion Agritech has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Portions of the App may not properly operate if you do not install all Updates, so we encourage you to promptly install all updates. To that end, based on your mobile device settings, when your mobile device is connected to the Internet, either (a) the Updates will automatically download and install or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the App and subject to these Terms.
These Terms, and any other terms and policies incorporated herein, constitute the entire agreement between you and Lion Agritech relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Lion Agritech. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Lion Agritech’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.