Use of Website
The information on the ConnectedCrops website, including the images, text, digital media, etc. (“Content”) is for informational purposes only, and is owned by Esprida (“Esprida”, “our”, “we”) or its licensors. Although Esprida endeavours to keep this website current, it does not warrant the accuracy or completeness of the Content. This website may contain technical inaccuracies or typographical errors. Esprida may change or update the products described in this website without notice.
Esprida may provide hyperlinks to other websites. A hyperlinked website is independent from Esprida and Esprida has no control over the content or privacy policies on the hyperlinked websites. Accordingly, Esprida is not liable for the content or information contained on the hyperlinked websites.
Copyrights, Licence and Trade-marks
In addition to the Content, the ConnectedCrops website contains certain names, words, phrases, domain names, logos, graphics or designs that are the property of and may constitute trade names or trade-marks of Esprida, its related companies or its licensors (“Trade-marks”). Except as permitted by Esprida in writing you are not granted a licence of any kind to the Content or Trade-marks. Re-transmission or other copying or modification of the Content or Trade-marks may be a violation of federal or common laws, for which you could be liable. The Content and Trade-marks on this Website are protected under the copyright and trade-mark laws of the Canada and other countries.
Esprida®, ConnectedCrops™, and related logos are trade-marks of Esprida. Other product names, brand names and company names mentioned in this website may be trade-marks of their respective owners.
Grant of Licence and Use of ConnectedCrops Application
You may use the ConnectedCrops App (“App”) that you download from the Google Play Store or iTunes App store with a ConnectedCrops Weather Station obtained from Esprida directly or one of its authorized distributors.
You acknowledge that the App may be updated periodically to provide a better user experience or more capability. Any information, data, photos or other information (“Information”) you enter in the App belongs to you. You grant to Esprida a worldwide, irrevocable, royalty-free licence to use the Information to improve its capability or deliver services to you and others, provided that Esprida will not disclose, without your consent, the Information to a third party, except in a consolidated format that does not disclose you as the provider of the Information.
Upon termination of your use of, or access to, the App, however caused: (a) you will immediately discontinue all use of the App; and (b) we will have the right to block any transmission of data to and from the App without notice to you. Upon termination or expiry of your licence to use the App, you authorize us to delete any files, programs, data and messages associated with your account without notice to you. You will remain liable for all amounts due up to and including the effective date of termination or expiry in relation to the App. If we terminate your access for failure to pay, you will pay to us all fees (including reasonable legal fees and costs) and related expenses expended or incurred by us in the enforcement of our rights of this Agreement.
Disclaimer and Limitation of Liability
Esprida shall not be liable to for any loss of money, goodwill, or reputation, direct, indirect, incidental, special or other consequential damages for your use of this website, the ConnectedCrops App, or for other links found on this website, including loss of profits, interruption of business, loss of programs, loss of crops, or other data on your computer system, even if Esprida is advised of the possibility of these damages. The Content is provided “as is”. All warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose, except where prohibited by law.
If we are found to be liable, our liability to you or to a third party is limited to the greater of: (i) the monthly fees you paid us in the 6 months prior to the action arising, and (ii) CDN $1,000.
Governing Law and Jurisdiction
This website (excluding non-Esprida websites) is controlled by Esprida. By accessing this website, you agree that all claims relating to your use of, or access to, this website, shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts in the Region of Peel, and are responsible for complying with local laws.
Notices to Esprida shall be given by registered mail to Esprida., 5180 Orbitor Drive, Mississauga, Ontario, Canada, L4W 5L9, Attention: Legal Department. Notices to you will be provided by e-mail at the e-mail address you provided in your letter, enquiry or upon registration of the ConnectedCrops App, and deemed given 24 hours after the e-mail is sent to you. If your e-mail is invalid, we may give you notice by regular mail to the address provided to us, in which case you are deemed to have received notice 3 days after the date of mailing