1. CONDITIONS OF USE
Agriculture Education Services and Technology, Inc. and/or its affiliates (“AEST”, “we”, “our” or “us”) provide this website and services expressly subject to the following terms and conditions (“Terms”). We may change or modify these Terms from time to time. If a modification or change is unacceptable to you, you may terminate this agreement by ceasing to use the website. Please review these Terms to ensure they are acceptable to you. Any use by you of this website constitutes your agreement to be bound by the Terms. Provisions Not Applicable In New Jersey: Pursuant to the New Jersey Truth in Consumer Contract Warranty and Notice Act (“TCCWNA”), Sections 7, 8, 9 and 10 of these Terms of Service do not apply to those persons covered by that law.
Agriculture Education Services and Technology, Inc. (AEST) makes no representation or warranty of any kind concerning reliability or accuracy of information provided directly or indirectly on or through AEST.AG website and all associated websites. All information is provided on an “as-is” basis. Users of this site do so at their own risk.
3. JOB POSTING AND EMPLOYER RESPONSIBILITY
A portion of the AEST.AG website and all associated websites provides a service that permits employers to advertise job openings. AEST does not screen, edit, modify or censor the employer listings. However, after the job is posted, AEST reserves the right to remove it for any reason. AEST has no control over the actual hiring discussions or other aspects of any transaction between employers and users. Accordingly, AEST makes no representation regarding, and has no liability arising from, the safety, legality, longevity, quality or environment of jobs offered, the actions of any employers in the interview and decision-making process (including, without limitation, inappropriate comments, harassment, discrimination, physical violence, or any other illegal activity). Nor does AEST review or endorse the truth or accuracy of any employment listings, the ability of employers to offer opportunities described in their listings or your ability to fill such opportunities. No endorsement or warranty is made by AEST with respect to any content posted by employers. AEST is not responsible for the accuracy, timeliness, completeness and removal by a company of any employment information or opportunities that are placed by said company or of any resume information posted by you, on the AEST.AG website and all associated websites. Companies listing employment opportunities are solely responsible to assure that the content of their advertising is true and accurate and conforms to all applicable laws, standards and regulations and that the listing company has all necessary authorization for the placement of the entire content of its advertising within the site. AEST is not liable to any User for any failure by any company to comply with this obligation.
4. ELECTRONIC COMMUNICATIONS
When you use or visit AEST.Ag, fbaest.com, or send e-mails to us, you are communicating with us electronically and you therefore expressly consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. SITE ACCESS
You agree to use the site only for lawful purposes. You shall not publish, transmit, or distribute or in any way use or exploit any information contained on this site in order to obtain employment offers for anyone other than the User or to obtain employees for any company other than the User’s own. Further, you shall not publish, transmit, or distribute or in any way use or exploit any information contained on this site in a manner that is inconsistent with any rules, laws or regulations of any federal, state, local authority, tribunal or administrative agency. You agree not to use this site to transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, invasive of another’s privacy or otherwise objectionable. You agree not to take any action that might compromise the security of the site or render the site inaccessible to others or otherwise cause damage to the site or its contents. You agree not to use the site in any manner that might interfere with the rights of others.
By using AEST.AG website and all associated sites, you acknowledge that there are inherent risks, including without limitation the risk of violence, personal injury or other physical harm, when transacting business with persons unknown to you. You also acknowledge that AEST does not verify the identity of any individuals posting their own content on the site and that they may not be who they purport to be or may otherwise be acting under false pretense. User content may also be inaccurate, harmful, and offensive or in violation of policies governing User content set forth in these terms and conditions. It may also be deceptively labeled. Each User agrees that it is the User’s own responsibility to exercise caution and to act prudently when using the facilities provided by the AEST.AG website and all associated websites. Users who may download information from the website are responsible for the security of such information.
7. COMPUTER VIRUSES
While it is very unlikely to occur, AEST is not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that you may experience as a result of visiting this website or any of its links.
8. 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. If you are under 18, you may use AEST.Ag and fbaest.com only with involvement of a parent or guardian. AEST reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Any third party may be allowed to post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” AEST reserves the right (but not the obligation) to remove or edit such content. You acknowledge, agree and understand that AEST does not regularly review posted content on the website.
If you do post content or submit material, and unless AEST agrees in an executed signed writing otherwise, you grant AEST a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant AEST and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AEST for all claims resulting from content you supply. AEST has the right but not the obligation to monitor and edit or remove any activity or content. AEST takes no responsibility and assumes no liability for any content posted by you or any third party.
10. DISCLAIMER OF WARRANTIES
AEST gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AGRICULTURE EDUCATION SERVICES AND TECHNOLOGY, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY. AEST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AEST DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM AEST OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AEST DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AEST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
AEST makes no representation that the AEST.AG website and all associated websites or sites that may be linked to it are free of error. You must evaluate and bear all risks associated with the use of this site and any content contained on the site, including any reliance on accuracy, completeness or usefulness of such content. You understand that AEST is not for any reason responsible for any error in the transmission of information which a User posts on this site.
Our website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision.
11. LIMITATION OF LIABILITY
AEST shall, under no circumstances, be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use of this site, including, without limitation, use or reliance upon any information contained on this site, interruptions, errors, defects, omissions non-delivery of information, disclosure of communications or any other failure of performance of any kind.
12. RESPONSIBILITY AND INDEMNITY
You agree to release AEST, its members, directors, officers and employees from all claims, causes of action, lawsuits, liability, damages or other responsibility, known and unknown, anticipated or unanticipated, from the beginning of time until the present, arising out of your use of any AEST’s website(s) or the content contained therein. You agree to indemnify AEST, its members, directors, officers, and employees and hold them harmless from any cost, claim, liability or expenses (including reasonable attorneys’ fees and related costs) arising out of or relating in any manner to your (i) violation of this agreement or (ii) use of the AEST.AG website and all associated websites.
13. COPYRIGHT AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, services names, trademarks, registered trademarks, trade dress and software, is the property of AEST or licensors and protected by United States and international copyright, trademark, service marks, patents and any other domestic or international intellectual property laws. You acknowledge and agree that all such AEST Content is the property of AEST or licensors. AEST and its licensors retain all proprietary rights in such AEST Content and you may not download, copy, reproduce, modify, distribute, republish, display, post or transmit any part of this website without our express permission in writing.
The Terms are governed by and shall be interpreted pursuant to the internal laws of the state of Florida, U.S.A without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the state and federal courts of Florida, Alachua County.
15. CHANGES TO OUR WEBSITE TERMS & CONDITIONS
We reserve the right to add or change these Terms. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time.
16. THIRD PARTY WEBSITES
Any links provided to third party websites, or information supplied about third parties (third party information) on AEST’s websites are supplied as a convenience. Linked sites are not under the control of AEST; and AEST is not responsible for any third party linked sites, the contents of such sites, any use of the same, or for third party information. The inclusion of a link or third party information does not imply endorsement by AEST of the linked site or third party information, any organization or person associated with the linked site or third party information, or any products or services offered or marketed through the linked site or by the third party.
17. COMPLETE AGREEMENT
The Terms constitute the whole legal agreement between you and AEST and govern your use of the website and any content and completely replace and supersede any prior agreements between you and AEST, whether written or oral, in relation to the website or any service thereof.
If a provision of this Section is found to be invalid, illegal or unenforceable in any respect, the court may modify it to make such provision enforceable or in the alternative remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19. INTERNATIONAL ACCESS
AEST does not represent that the content of any of its websites may be lawfully accessed from countries outside the United States or by foreign nationals wherever located. Access to the content of AEST’s websites may be illegal when accessed by certain persons or in certain countries. If a User accesses these sites outside the United States or if a User is a foreign national, the User can access these sites at their own risk and they are solely responsible for compliance with the laws of any other countries that might be applicable to them.