TERMS OF USE

These Terms of Use govern your use of this Web site, provided by Betaseed, Inc. By accessing this site, you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by Betaseed, Inc. at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.

RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without Betaseed, Inc.’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co‑brand this site, or (ii) frame this site, or (iii) link to this site, without the express prior written permission of an authorized representative of Betaseed, Inc. For purposes of these Terms of Use, “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Betaseed, Inc. in causing any unauthorized co-branding, framing or linking immediately to cease.  

PROPRIETARY INFORMATION

The material and content accessible from this site, and any other Web site owned, operated, licensed, or controlled by Betaseed, Inc. (the “Content”) is the proprietary information of Betaseed, Inc. or the party that provided the Content to Betaseed, Inc., and Betaseed, Inc. or the party that provided the Content to Betaseed, Inc. retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Betaseed, Inc., except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Betaseed, Inc.’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. 

LINKS

This site may be linked to other sites which are not maintained by, or related to, Betaseed, Inc. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Betaseed, Inc. Betaseed, Inc. has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and Betaseed, Inc. makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to this site. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by Betaseed, Inc. of that site.

SUBMISSIONS

You hereby grant to Betaseed, Inc. the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Betaseed, Inc. through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Betaseed, Inc. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Betaseed, Inc. operations.

Betaseed, Inc. will treat any personal information that you submit through this site in accordance with its Privacy Policy

DISCLAIMER

You understand that Betaseed, Inc. cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Betaseed, Inc. does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Betaseed, Inc. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Betaseed, Inc. disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Betaseed, Inc. does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Betaseed, Inc. does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Betaseed, Inc. may make changes or improvements at any time. You, and not Betaseed, Inc., assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BETASEED, INC. MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Betaseed, Inc. does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

LIMITATION ON LIABILITY 

BETASEED, INC., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BETASEED, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You will indemnify and hold Betaseed, Inc., its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS

Trademarks, service marks, and logos appearing in this site are the property of Betaseed, Inc. or the party that provided the trademarks, service marks, and logos to Betaseed, Inc. Betaseed, Inc. and any party that provided trademarks, service marks, and logos to Betaseed, Inc. retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. 

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
  • or contains links to other sites that contain content that falls within the descriptions set forth above.

Betaseed, Inc. reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Betaseed, Inc. nor any third party that provides Content to Betaseed, Inc. will assume or have any liability for any action or inaction by Betaseed, Inc. or such third party with respect to any submission.

SECURITY

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Betaseed, Inc. reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Betaseed, Inc. reserves the right to investigate suspected violations of these Terms of Use.

Betaseed, Inc. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Betaseed, Inc. to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BETASEED, INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETASEED, INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BETASEED, INC. OR LAW ENFORCEMENT AUTHORITIES. 

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and Betaseed, Inc. arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Minneapolis, Minnesota. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Betaseed, Inc. may revise these Terms of Use at any time by updating this posting.

Last updated: July 12, 2010