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Advanced Agricultural Systems, LLC

(d/b/a Mary Jayne's List)

Website Terms, Conditions, & Privacy Policy

Section 1 - Introduction & Definitions

1.1 - Applicability; Use Constitutes Acceptance.

These Terms and Conditions govern your access and use of this Website. By using this Website, you accept these Terms and Conditions in full. If you do not wish to accept the Terms and Conditions, you may not use this Website. These Terms and Conditions apply to those individuals or organizations that do not have an Advertising Services Agreement covering access and use of this Website or Platform.

1.2 - Cookies.

This Website may use cookies. By using this Website or agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with these Terms and Conditions.

1.3 - Copyright.

Copyright © 2016, Advanced Agricultural Systems, LLC. Subject to the provisions herein, Advanced Agricultural Systems, LLC, or its licensors, owns and controls all copyright or other intellectual property rights in this Website. All other copyright or other intellectual property rights are reserved.

1.4 - Definitions.

The following terms have their indicated meaning when used in these Terms and Conditions, whether capitalized or not, in addition to their ordinary meaning:

"Company" means Advanced Agricultural Systems, LLC. "Us", "Our", or "We" also means the Company.

"Hotlink" means a request, from a source other than the Company's Website, for a Page, or portion thereof.

"Page" means a file, whether publically accessible or not, which is created by the Company.

"Platform" means the system created by the Company's Website allowing for interactions between Users. "Service" also means the Platform.

"Third Party Materials" means data, information, articles, applications, advertisements, or other products, services, and/or materials that are: User-Generated Content; or conveyed to the Company by any party other than the Company or You for use on the Website.

"User" means an individual or organization that accesses the Company's Website.

"User-Generated Content" means content, regardless of form, that was created by a User and uploaded to the Website by a User.

"User Account" means a set of information specific to a User granting access to a portion of the Website that is otherwise inaccessible.

"Website" means the collection of Pages regarded as a single entity and belonging to the Company that comprise or support the Platform.

"You" means the individual or organization reading these Terms and Conditions. "You" also means a User, if context indicates access to the Company's Website.

1.5 - Term

These Terms and Conditions remain in full force and effect while you use the Website or Platform. If your User Account is Canceled or Suspended, these Terms and Conditions shall no longer apply to you, and your license to use this Website and Platform shall be immediately withdrawn. You understand that Cancellation or Suspension of your User Account involves the deletion of your User-Generated Content.

Section 2 - License to Use Website

2.1 - Scope of License.

Subject to the provisions herein, the Company grants you a non-transferable, non-exclusive license to use this Website in accordance with these Terms and Conditions.

2.1.1 - Permitted Acts.

You may, subject to the other provisions of these Terms and Conditions: view this Website; download Pages from this Website; print Pages from this Website; stream audio and video files from this Website; and use this Website's Platform.

2.1.2 - Prohibited Acts.

Except as expressly permitted by Section 2.1.1 or the other provisions herein, you may not:

(a) License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or the Platform;

(b) Hotlink to the Website;

(c) Modify, disassemble, reverse compile, reverse engineer, or make derivative works of the Website or the Platform;

(d) Access the Website or Platform in order to build a similar or competitive service;

(e) Copy, reproduce, distribute, republish, transmit, or otherwise disseminate by any means the content of this Website or Platform; including without limitation for use in any marketing activity;

(f) Circumvent, bypass, hack; or attempt to circumvent, bypass, or hack, any access restriction measure on this Website or Platform;

(g) Use this Website or Platform in any way or to take any action that causes or may cause damage to this Website or Platform or causes or may cause impairment of the performance, availability, or accessibility of this Website or Platform;

(h) Use this Website or Platform in any way that is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(i) Use this Website or Platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of, contains, or links to and spyware, virus, Trojan, worm, logger, rootkit, or other malicious computer software;

(j) Conduct systematic or automated data collection activities, including without limitation: scraping, mining, extraction, or harvesting of the Pages of the Website or Platform; or otherwise interact with the Website or Platform by means of a robot, spider, or other automated means, except for the purposes of search engine indexing;

(k) Violate the directives of the robots.txt file of this Website;

(l) Use information on this Website or Platform to directly contact individuals, companies, or other entities, except where those individuals, companies, or other entities are engaged in advertising using the Website or Platform;

(m) Provide the Company false, incomplete, inaccurate, or misleading information in order to obtain access to the Website or Platform;

2.1.3 - Modification of Website and/or Platform.

The Company reserves the right, at any time, to modify, suspend, or discontinue the Website or Platform or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Platform or any part thereof.

Section 3 - User Accounts

3.1 - Eligibility.

To be eligible for a User Account, you must:

(a) Be a legal resident of Washington State; or if an organization, be incorporated or otherwise organized in Washington State with a principle place of business within Washington State;

(b) Be twenty-one (21) years of age or older; or if an organization, have at least one individual who is an agent of the organization who is twenty-one (21) years of age or older; and

(c) Agree to these Terms and Conditions.

Government entities, including the subdivisions and agencies thereof; law enforcement entities; and other individuals or organizations acting as agents of the above are not eligible for User Accounts. The individual members, officers, agents, and employees thereof, however, are eligible for User Accounts.

3.2 - Creation of User Account.

You may register for an account on this Website by completing and submitting the account registration form on this Website.

3.3 - Restrictions; Notice.

You must not allow another User to access this Website using your User Account. If you become aware that another individual or organization has made unauthorized use of your User Account, you must immediately notify the Company. You must not use another individual or organization's User Account to access this Website, except with that individual or organization's permission.

3.4 - Use of Account.

If you register for a User Account on this Website, you will be asked to choose a User identification (ID) and password. Your User ID and password must comply with the Section 4. You must keep your password confidential. You must also notify the Company if you become aware of any disclosure of your password. You are responsible for any activity on this Website arising from your failure to keep your password confidential, and may be liable for losses arising from such failure.

3.5 - Cancellation or Suspension of Account.

3.5.1 - By the Company.

The Company may suspend or cancel your User Account at any time in the Company's sole discretion without notice or explanation.

3.5.2 - By You.

You may cancel your User Account at any time.


Section 4 - Acceptable Use Policy

4.1 - General Restrictions.

You agree not to use this Website or Platform to collect, upload, transmit, display, or distribute content that:

(a) Violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(b) Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive or otherwise objectionable material of any kind or nature or which is harmful to minors in any way;

(c) Violates any law, regulation, or obligations or restrictions imposed by any third party.

4.2 - Reviews.

You agree not to post reviews on this Website or Platform that are not based upon your personal experience or are otherwise designed for any purpose other than providing other Users on the Website with an accurate description of your personal experience.

4.3 - User-Generated Content.

In addition to any other restrictions contained in these Terms and Conditions, you must not upload User-Generated Content to this Website that:

(a) Is written exclusively, or substantially, in all capital letters;

(b) Is plagiarized;

(c) Contains spam or advertisements;

(d) Contains personally identifying information about any person other than the User uploading the User-Generated Content;

(e) Contains overly detailed or sexual descriptions of any individual's physical appearance other than the User uploading the User-Generated Content;

(f) Contains personal attacks against a specific individual or group of individuals;

(g) Contains unrelated personal grievances;

4.4 - Ownership of User-Generated Content.

By conveying User-Generated Content to the Company, you grant, and represent and warrant that you have the right to grant, to the Company an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publically display, perform, prepare derivative works of, incorporate into other works, and otherwise use your User-Generated Content and to grant sublicenses of the foregoing for the purposes of including your User-Generated Content in the Website and/or Platform. You agree to irrevocably waive any claims or assertions of attribution with respect to your User-Generated Content.

4.4 - Violations

The Company reserves the right to take appropriate action for violations of Section 4, including without limitation those remedies in Section 3.5.1; restriction of any and all access to the Website or Platform; and/or reporting you to law enforcement.

Section 5 - Third Party Materials

5.1 - Third Party Materials.

This Website may display, include, use, or make available Third Party Materials, including User-Generated Content. You agree that the Company is not responsible for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any aspect thereof of Third Party Materials. Third Party Materials are provided solely as a convenience to you, and you use or view them entirely at your own risk.

5.2 - Release.

You hereby forever release and discharge the Company and its officers, employees, agents, successors, and/or assigns from, and hereby waive your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, or cause of action of every kind and nature that has arisen or arises, directly or indirectly, out of, or relates, directly or indirectly, to any interactions with, or act or omission of, this Website and/or Platform, User-Generated Content, or Third Party Materials.

Section 6 - Disclaimers

6.1 - Disclaimer.

This Website and Platform are provided "as-is" and "as available" and the Company expressly disclaims, to the fullest extent permitted by applicable law, any warranties and conditions of any kind, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Without limiting the foregoing, the Company makes no representation that this Website or Platform: will meet your requirements; will be available on an uninterrupted, timely, secure, or error-free basis; or will be accurate, reliable, virus-free, complete, legal, or safe.

6.2 - Limitation on Liability.

To the fullest extent permitted by applicable law, in no event shall the Company be liable to you or any third party for any: direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, arising from these Terms and Conditions or your use of, or inability to use, this Website or Platform, even if the Company has been advised of the possibility thereof.

6.3 - User Assumes Risk

Your use of this Website or Platform is solely at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting from your use of this Website or Platform.

Section 7 - Copyright Policy

7.1 - Statement of Policy.

The Company respects the intellectual property rights of others and requires that Users of this Website or Platform do the same. The Company has adopted and implemented this policy to provide for the removal of infringing materials and, if appropriate, for the termination of User Accounts for Users who violate the intellectual property rights of others.

7.2 - Infringing Material.

If you believe that one of the Website or Platform Users is, through their use of the Website or Platform, unlawfully infringing upon the copyright or other intellectual property rights in a work, and you wish to have the allegedly infringing material removed, you must provide the following information in written form (17 USC § 512(c)(3)):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

This information must be provided to the Designated Copyright Agent for the Company, which is:

Advanced Agricultural Systems, LLC c/o Miller & Chase, PLLC
PO Box 978
Okanogan, WA 98840
509-861-0815 (phone)
509-557-6280 (fax)

Please take note that, pursuant to 17 USC § 512(f), an individual who knowingly misrepresents material facts in a written notification shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Section 8 - Miscellaneous Provisions

8.1 - Support and Maintenance

You agree that the Company has no obligation to provide you with support or maintenance in connection with your use of the Website or Platform.

8.2 - Changes to Terms and Conditions; Notice.

The Company reserves the right to make revisions to these Terms and Conditions. When the Company changes the Terms and Conditions, such changes will take effect upon the earlier of thirty (30) days following the sending of an e-mail to you notifying you of the changes (if applicable) or thirty (30) days following the posting of a notice on the Website.

8.3 - Dispute Resolution.

Subject to the Federal Arbitration Act, you agree that all disputes between you and the Company shall be exclusive settled through binding arbitration pursuant to the current rules of the American Arbitration Association for commercial arbitration. You and the Company agree that any such arbitration shall be conducted on an individual basis and under no circumstances as a class, consolidated, or representative action.

If the class-action waiver in this Section is deemed invalid or unenforceable, then neither you nor the Company shall be entitled to arbitration.

Notwithstanding any provision in these Terms and Conditions, if the Company makes changes to Section 8.3 or any other Section of these Terms and Conditions concerning dispute resolution, it will not apply to any claims for which you have already provided the Company notice.

If the arbitration provision in this Section is deemed invalid or unenforceable, then the proceeding must be brought exclusively in a Court of competent jurisdiction within Okanogan County, State of Washington. You hereby accept the exclusive jurisdiction of such Court for this purpose. These Terms and Conditions are governed by the laws of the State of Washington.

8.4 - Binding Agreement; Entire Agreement.

These Terms and Conditions shall be binding upon and shall inure to the benefit of the Parties hereto binding. These Terms and Conditions shall inure to and be binding upon the heirs, executors, personal representatives, successors and assigns of each of the Parties to these Terms and Conditions. If any third party regulatory agency deems any part(s) or all of these Terms and Conditions to be unenforceable, then the Company shall be obligated to revise, amend and/or modify the relevant language, as necessary, in order to ensure these Terms and Conditions address such issues deemed to be unenforceable and, as a result thereof, is enforceable and compliant with any local, state or federal requirements.

These Terms and Conditions constitute the entire agreement between you and the Company concerning the use of this Website and/or Platform. (For those individuals or organizations with prior agreements, see Section 1.1).

8.5 - Headings.

The headings in these Terms and Conditions are for reference purposes only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.

8.6 - Severability.

If any term or other provision of these Terms and Conditions is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of these Terms and Conditions shall nevertheless remain in full force and effect. Upon determination that any term or other provision is invalid, illegal, or incapable of being enforced, the Company shall modify these Terms and Conditions so as to effect the original intent of the Company as closely as possible in an acceptable manner to the effect that the transactions contemplated hereby are fulfilled to the extent possible.

8.7 - Construction.

In construing these Terms and Conditions, the singular shall include the plural, and vice versa; the masculine shall include the feminine and neuter, and vice versa; and "including" shall be construed to mean "including without limitation."

8.8 - Company Contact.
Advanced Agricultural Systems, LLC, dba Marigo
PO Box 542
Okanogan, WA 98840
206-880-1101
info@marigo.com

Section 9 - Privacy Policy

This Section informs you how and why the Company collects, uses, and shares information about you when you access the Company's Website and/or Platform.

9.1 - Information You Provide to the Company.

The Company collects information you provide directly to the Company when you access the Website or Platform. Some of this information (e.g. your username and password) is required for you to use the Website and Platform. The Company makes an effort to limit the amount of personally identifiable information that is collected about each User. Information that you give to us includes, without limitation:

(a) The information used to create your account (e.g. IP address, username, password, and e-mail address);

(b) Account preferences; the content of reviews, messages, or posts;

(c) At your option, demographical data (e.g. age, gender, zip code);

(d) Non-financial transactional information (e.g. product availability inquiries; no financial transactions occur via the Website or Platform); search information;

(e) Other information you choose to provide directly to us (e.g. job application, request for support, etc...).

9.2 - Information The Company Automatically Collects.

When you access the Website or Platform, the Company automatically collects some information from you. This may include information like your IP address, user-agent string, browser type, operating system, referral URLs, device information, pages visited, links clicked, requested URLs, hardware settings, and search terms.

Except for the IP address used to create your account, the Company keeps IP logs for ninety (90) days.

The Company may employ cookies, which are data your browser stores and sends back to the Company when making requests. This information is used to improve user experience, understand user activity, and personalize the content of search results and advertisements. This enables the Company to improve the quality of the Website and Platform and the services they provide.

9.3 - How the Company Uses Information.

The Company uses information about you to improve your user experience. For example, the Company uses your zip code to determine which retail stores are near your location. Also for example, if you provide demographic information to the Company and search for a product by popularity, the Company may (at your option) use this information to weight search results that are popular within your demographic.

The Company also anonymizes your information and uses it with other users' anonymized information to generate aggregate reports. For example, the Company may analyze that anonymous aggregate information to determine which retail stores have the highest volume of product availability inquiries. This anonymous aggregate information does not contain a link between the data and identifiable information about you (e.g. your username, e-mail address, password, IP address).

The Company also sells the anonymous aggregate information that contains your information, along with the information of other users. This information is provided to third parties so that they can improve their own products and services. For example, if the Company observes a high volume of product availability inquiries for a specific product, the Company may wish to sell that information to the producer of that product. When the Company engages in any sale of a dataset containing your information, the recipient of that dataset is never able to personally identify you.

As discussed below, the Company never sells personally identifiable information about you.

9.4 - Security; Children under 13.

The Company takes reasonable measures consistent with generally accepted business practices to protect your information from loss, theft, misuse, and unauthorized disclosure.

Due to the nature and content of the Website and Platform, Children under 13 are strictly forbidden from accessing the Website, regardless of parental supervision.

9.5 - What the Company Does Not Collect.

The Company believes that what you do on the internet is your business. At the same time, it is necessary to collect at least some means of identifying and communicating with users. But this goal can be achieved without the collection of information that can be used to personally identify a distinct person. Thus, the Company does not collect or require:

(a) Your name, street address, or telephone number - we don't need it and nor does anyone else;

(b) A "personal" e-mail address (e.g. john.doe@gmail.com) - an anonymous one is fine;

(c) Information concerning your race, heritage, or ethnicity - it's just not relevant;