SOILTECH WIRELESS INC. WEBSITE TERMS AND CONDITIONS
Last Modified: December 22 2024
1. Acceptance of the Terms.
(a) These Terms and Conditions, together with any documents expressly incorporated by reference (collectively, “Terms”), are entered into among you personally (i.e., the individual who reads and agrees to be bound by these Terms), any corporation or other legal entity on whose behalf you access the Website (collectively, as applicable, “you”), and Soiltech Wireless Inc., a Delaware corporation (“Company,” “we,” or “us”). The Terms govern your access to and use of soiltechwireless.com, including any content, functionality, and services offered on or through soiltechwireless.com (the “Website”).
(b) Please read these Terms carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.soiltechwireless.com/privacy-policy (“Privacy Policy”), which is incorporated into these Terms by this reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
(c) If you have entered into another agreement with us concerning specific products or services, including any Master Service Agreement, Software as a Service Agreement, or similar agreement (each, a “Master Agreement”), then the terms of that agreement apply to your use of the Website in addition to these Terms and, in the case of a conflict, the terms of the Master Agreement control.
(d) This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the requirements to use the Website as described in these Terms. If you do not meet all of the requirements, you must not access or use the Website.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. You can determine when these Terms were last revised by referring to the “Last Modified” legend at the top of these Terms. All changes are effective immediately when we post them and apply to all uses of the Website thereafter. Your use of the Website following the posting of revised Terms means that you accept and agree to the revised Terms. You are expected to check this page from time to time so you are aware of any changes, because they are binding on you.
Accessing the Website and Account Security
(a) We reserve the right to make changes to the Website, at any time, in our sole discretion, without notice. We will not be liable if any part of the Website is unavailable for any period of time. We may restrict access to the Website at any time and for any reason.
(b) You are responsible for (i) making all arrangements necessary for you to have access to the Website, and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
(c) You may be required to provide registration details and other information to access certain portions of the Website or resources we offer (“Registered Services”). It is a condition of your use of the Registered Services that all the information you provide on the Website is correct, current, and complete (“Registration Data”). Our collection and use of your Registration Data is governed by our Privacy Policy.
(d) If you select, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms or the applicable Master Agreement.
Intellectual Property Rights
(a) The Website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
(b) These Terms permit you to use the Website for (i) personal, informational, non-commercial purposes, or (ii) legitimate business purposes relating to your role as a customer of the Company (“Permitted Purposes”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
(i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(ii) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(iii) You may print or download one copy of a reasonable number of pages of the Website for Permitted Purposes and not for further reproduction, publication, or distribution.
(iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for Permitted Purposes, provided you agree to be bound by all applicable end user license agreements for such applications.
(v) If we provide social media features with certain content, you may take such actions as are enabled by such features.
(vi) You may access and use the Website as permitted, and in accordance with, any Master Agreement in effect between you and the Company.
(c) The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You are permitted to use the Website only for lawful purposes and in accordance with these Terms. You are not permitted to:
(a) use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) use the Website to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
(c) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(d) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
(e) use or cause any bot or other automated function to scrape or “memorize” or copy any of the Website to train an LLM or other artificial intelligence;
(f) use any device, software, or routine that interferes with the proper working of the Website;
(g) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(i) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(j) use the Website to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(k) use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or users of the Website, or expose them to liability; or
(l) otherwise attempt to interfere with the proper working of the Website.
User Contributions
(a) To the extent that the Website’s interactive features allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”), the following terms apply:
(i) You represent and warrant that any User Contribution you post to the Website is non-confidential and non-proprietary.
(ii) You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, fully paid-up, and royalty-free license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties, all materials in the User Contributions, for any purpose.
(iii) You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. In addition, you warrant that all so-called moral rights in the User Contributions have been waived.
(iv) You represent and warrant that all of your User Contributions do and will comply with these Terms.
(v) You are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
(b) We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including the right to remove or refuse to post any User Contributions.
Monitoring and Enforcement
We reserve the right, but we have no obligation to, do any of the following in our discretion, without notice:
(a) monitor your access to and use of the Website;
(b) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement in connection with any illegal or unauthorized use of the Website; or
(c) terminate or suspend your access to all or part of the Website, for any or no reason, with or without notice, including without limitation, any violation of these Terms. If we terminate your account, we may immediately deactivate your account and bar any further access to such files, and your right to use the Website will immediately cease. We shall not be liable to you or any third party for any termination of your access to the Website or account.
(d) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
(a) The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
(b) This Website may include content provided by third parties and by devices and sensors (“External Data”). We are not responsible, or liable to you or any third party, for the content, accuracy, or frequency of any External Data.
(c) We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
(a) The Website is controlled and operated by the Company from the State of Idaho in the United States, and, except as expressly set forth in these Terms, is not intended to subject the Company to the laws or jurisdiction of any state, country, or territory other than that of the United States. The Company does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. The Company may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction, at any time and in the Company’s sole discretion. By using the Website, you certify that: (a) you are not: (i) a citizen or permanent resident of any country on which the United States has embargoed goods, technology, or services (e.g., Cuba, Iran, North Korea, Sudan, Syria, or Crimea), or (ii) on any of the relevant U.S. Government Lists of prohibited or restricted persons, including but not limited to the Treasury Department’s List of Specially Designated Nationals, and the Commerce Department's List of Denied Persons or Entity List; and (b) your use of our products and services is in compliance with the applicable U.S. export control and economic sanctions laws and regulations. For further information on the export controls and sanctions laws see, http://www.bis.doc.gov/index.htm and http://www.treasury.gov/about/organizational-structure/offices/Pages/Office-of-Foreign-Assets-Control.aspx.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR EXTERNAL DATA. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT (INCLUDING EXTERNAL DATA), OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU UNDERSTAND THAT SENSORS (WHICH MAY PROVIDE EXTERNAL DATA DISPLAYED ON THE WEBSITE) CANNOT DETECT DISEASES OR PATHOGENS OF ANY KIND. TO THE EXTENT THAT THE WEBSITE PROVIDES INDICATORS WITH RESPECT TO DISEASE, YOU UNDERSTAND THAT SUCH INDICATORS MERELY IDENTIFY THE EXISTENCE OF CERTAIN CONDITIONS (E.G., MOISTURE OR TEMPERATURE) THAT MAY MAKE CERTAIN SOIL SUSCEPTIBLE TO DISEASE. SUCH INDICATORS ARE NOT PROOF OF ANY KIND THAT DISEASE DOES OR DOES NOT EXIST AT THAT LOCATION. YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN INDEPENDENT DETERMINATION OF WHETHER DISEASE IS PRESENT AND WHETHER ANY CORRECTIVE ACTION IS REQUIRED. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRESENCE OR ABSENCE OF ANY SUCH DISEASE AND DISCLAIM ALL LIABILITY FOR SUCH MATTERS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification; Release
. You shall defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your User Contributions, (ii) your violation of these Terms, (iii) your use of the Website, or (iv) your use of any information obtained from the Website.
Force Majeure
We, and our affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including, without limitation, acts of God, epidemics, labor disputes or other industrial disturbances, electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockades, embargoes, riots, acts or orders of government, acts of terrorism, or war.
16. Governing Law; Jurisdiction.
(a) All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule.
(b) The exclusive venue for any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website is in the federal courts of the United States or the courts of the State of Idaho, in each case located in Boise, Ada County, Idaho, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(c) ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Waiver and Severability
(a) No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
(b) If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and Conditions together with any documents they expressly incorporate by reference constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Accessibility
. Given the importance of the internet, the Company believes increasing accessibility to the web is of critical importance to people with disabilities around the world, including people with auditory, cognitive, physical, neurological, and visual disabilities. It is likewise important to those with accessibility needs due to aging, or people who do not have disabilities, but who are experiencing situational barriers such as accessing the internet from devices with small screens or in low bandwidth situations, or when experiencing barriers due to language or literacy levels. We are committed to making our services and digital platforms accessible and user-friendly in accordance with the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.2 (WCAG 2.2) at the AA level. Our accessibility efforts include:
(a) Designing and maintaining digital content that meets W3C’s current standards to ensure usability for individuals with diverse abilities.
(b) Continuously reviewing our practices and implementing updates to improve accessibility across all areas of service.
If you have questions, suggestions, or need assistance with accessibility, then please contact us at info@soiltechwireless.com. We welcome feedback to help us make our services and resources accessible to everyone, and we will take steps to provide reasonable accommodations as needed.
Comments and Feedback
This website is operated by Soiltech Wireless Inc., a Delaware corporation, with offices located at 1120 South Rackham Way, Suite 300, Meridian, Idaho, 83642. All notices of copyright infringement claims should be sent to info@soiltechwireless.com. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@soiltechwireless.com.
