Terms & Conditions

Agreement between User and Acclima.com

Welcome to Acclima.com. The Acclima.com website (the “Site”) is comprised of various web pages operated by Acclima, Inc. (“Acclima”). Acclima.com is a data repository for research and agriculture industries, which stores and analyzes data collected by soil moisture sensors. Acclima.com

Usage Creates Binding Agreement

Acclima.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). By accessing or using the Site, you (a) acknowledge that you have read, understand, and agree to the Terms, and (b) affirm that you are at least 18 years of age  (or have reached the age of majority in your). Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of Acclima.com is subject to Acclima’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting Acclima.com or sending emails to Acclima constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, SMS and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Acclima is not responsible for third-party access to your account that results from theft or misappropriation of your account. Acclima and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Eighteen

Acclima does not collect personally identifiable information from children under the age of thirteen. Our Data Portal and cloud services are not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children. If you believe that we may have inadvertently collected information from a child, please contact us to request its deletion.

If you are under the age of eighteen, you must ask your parents or guardian for permission to view this website. If you are under 18, you may use Acclima.com only with the supervision of a parent or guardian. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.

Links to Third Party Sites/Third Party Services

Acclima.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Acclima and Acclima is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Acclima is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acclima of the site or any association with its operators.
Certain services made available via Acclima.com are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Acclima.com domain, you hereby acknowledge and consent that Acclima may share such information and data with any third party with whom Acclima has a contractual relationship to provide the requested product, service, or functionality on behalf of Acclima.com users and customers.

No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use Acclima.com strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to Acclima that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any Site materials or information through any means not intentionally made available or provided for through the Site. You may not reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in the Site.

Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Acclima or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Acclima content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Acclima and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Acclima or our licensors except as expressly authorized by these Terms.

Use of Communication Services

You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Acclima reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Acclima ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Acclima does not control or endorse the content, messages or information found in any Communication Service and, therefore, Acclima specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Acclima spokespersons, and their views do not necessarily reflect those of Acclima

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to Acclima.com or Posted on Any Acclima Web Page

No compensation will be paid with respect to the use of your Submission, as provided herein. Acclima is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Acclima’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated, and administered by Acclima from our offices within the USA. If you access the Service from a location outside the USA, you agree to the hosting and storage of data inside the USA. You are responsible for compliance with all local laws. You agree that you will not use the Acclima Content accessed through Acclima.com in any country in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Acclima, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Acclima reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Acclima in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Acclima agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACCLIMA INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ACCLIMA INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCLIMA INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCLIMA INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCLIMA INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SUBMITTING CONSTRUCTIVE FEEDBACK TO SUPPORT@ACCLIMA.COM.

Termination and Access Restriction

Acclima reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Idaho, and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acclima because of these Terms or use of the Site. Acclima’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Acclima’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Acclima with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Acclima with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Acclima with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

Changes to Terms

Acclima reserves the right, in its sole discretion, to change the Terms under which Acclima.com is offered. The most current version of the Terms will supersede all previous versions. Acclima encourages you to periodically review the Terms to stay informed of our updates.

Use of Terms

The terms acclima.com, data portal, Site and website are used synonymously unless otherwise indicated. The terms, Acclima, us and we are used synonymously unless otherwise indicated. The terms you, your, user, and customer are used synonymously unless otherwise indicated.

Contact Us

If you have any questions or concerns about this Agreement or our privacy practices, please contact us at support@acclima.com or 1763 W Marcon Ln #175, Meridian, ID 83642.