Terms of use

Betaseed, Inc. (“Betaseed”) is pleased to make the Site located at betaseed.com (the “Site”) available for your use and benefit. By accessing the Site you are indicating your acknowledgement and acceptance of the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Betaseed. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated.

CHANGES TO TERMS OF USE

Betaseed may revise these Terms of Use at any time in its discretion without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Betaseed shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy. Please consult these Terms of Use regularly for updates.

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’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co‑brand this Site, (ii) frame this Site, or (iii) link to this Site, without the express prior written permission of an authorized representative of Betaseed. 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 in causing any unauthorized co-branding, framing or linking immediately to cease.

COPYRIGHT

The material and content accessible from this Site (the “Content”) is the owned or licensed property of Betaseed or its Content provider, and Betaseed or such provider retains all right, title, and interest in the Content, which is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of the Content on this Site is the exclusive property of Betaseed and protected by U.S. and international copyright laws. Accordingly, the Content may not be copied, distributed, modified, republished, uploaded, posted, or transmitted in any way without the prior written consent of Betaseed, 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’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your accessing this Site.

TRADEMARKS

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Betaseed and others. Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

DISCLAIMER OF ACCURACY

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. 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 objectives. Information on this Site may contain typographical errors, inaccuracies, or omissions. Betaseed reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you.

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 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.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. BETASEED DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BETASEED 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 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 MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. BETASEED 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.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION ON LIABILITY

BETASEED, ITS PARENT, 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Under no circumstances whatsoever shall Betaseed’s aggregate liability resulting from or relating to your use of this Site exceed Five U.S. Dollars (USD $5.00).

INDEMNITY

You will indemnify and hold Betaseed, its parent, 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 Site or the information accessed from this Site.

PROHIBITED ACTIVITIES AND VISITOR OBLIGATIONS

You shall not upload, 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;
  • is subject to any disclosure restrictions;
  • 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 , malware, spyware, 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 reserves the right, but does not have the obligation, 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 agree that you are solely responsible for the uploading, posting, sending, submitting, publishing, or transmitting of any content ‎(e.g., text, images, photographs, videos‎) that you make available on or send through the Site. You acknowledge and agree that neither Betaseed nor any third party that provides content to Betaseed will assume or have any liability for any action or inaction by Betaseed 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 reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Betaseed reserves the right to investigate suspected violations of these Terms of Use.Betaseed reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Betaseed to disclose the identity of any user of this Site. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS BETASEED FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BETASEED DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BETASEED OR LAW ENFORCEMENT AUTHORITIES.

LINKS TO OTHER WEB SITES

This Site may be linked to other web sites which are not maintained by, or related to, Betaseed. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Betaseed. Betaseed 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 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 of that site.

CONTINUED OPERATION, ACCESSIBILITY, AND MAINTENANCE OF THIS SITE

Betaseed may modify, change, suspend, terminate or discontinue the operation of part or all of this Site without notice to you and Betaseed reserves the right to refuse service to anyone at any time, with or without cause.

SUBMISSIONS

You hereby grant to Betaseed 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 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 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 providing you notice or receiving your consent or incurring any liability for royalties or any other consideration of any kind. Betaseed will not incur any liability or owe you any compensation as a result of any similarities to your Submission that may appear in future Betaseed products, services, or operations.

GENERAL PROVISIONS

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by Betaseed to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Minnesota in connection with any dispute between you and Betaseed 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.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

These Terms of Use constitute the entire agreement between 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.

Last updated: January 21, 2019

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