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UNIBEST International, LLC maintains this Web site for your personal information, education, and communication. You may download materials displayed on this Web site only for your non-commercial personal use and provided that you retain all copyright and other proprietary notices which appears on any such materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Web site for any public or commercial use including, but not limited to, any text, image, audio or video, without prior written consent from UNIBEST International, LLC. Your access to and use of this Web site is also subject to the following terms and conditions and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualifications, the terms and conditions set forth below and you acknowledge that any other agreements between you and UNIBEST International are superseded and unenforceable.
1. BY USE OF THIS SITE, YOU AGREE THAT THE LAWS OF THE UNITED STATES OF AMERICA AND THE INTERNAL LAWS OF THE STATE OF WASHINGTON SHALL APPLY TO ALL MATTERS RELATED TO THE USE OF THIS SITE WITHOUT REGARD TO CHOICE OF LAW PROVISIONS. ANY LEGAL ACTION OR PROCEEDING RELATING TO THE USE OF THIS SITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT IN WASHINGTON. YOU AGREE TO SUBMIT TO THE JURISDICTION OF, AND ACCEPT THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.
2. You should assume that everything you see or read on this Web site is copyrighted (regardless of whether or not a copyright notice appears on all materials) unless otherwise noted and may not be used, except as provided herein, without the prior written consent of UNIBEST International. UNIBEST International neither warrants nor represents that any materials displayed on this Web site will not infringe the rights of third parties not owned or affiliated with UNIBEST International.
3. Although UNIBEST International uses reasonable efforts to include accurate and up-to-date information on this Web site, UNIBEST International makes no warranties or representations as to its accuracy. UNIBEST International assumes no liability or responsibility for any errors or omissions in the content of the Web site.
4. You’re use of, and browsing in, this Web site is at your own risk. Neither UNIBEST International nor any other party involved in creating this Web site is liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of, this Web site. Without limiting the foregoing, everything on this Web site is provided to you "as is" without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. UNIBEST International also assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other equipment or other property due to your access to, use of, or browsing in this Web site or the downloading of any materials, data, text, images, video or audio from this Web site.
5. This Site may from time to time contain information relating to various medical, health, and fitness conditions of animals and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own agronomist, consultant or agri-business partner/professional. You should not use the information contained herein for taking actions. You should always consult your own professional agronomist or consultant.
7. Images of people or places displayed on this Web site are either the property of, or used with permission by, UNIBEST International. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless permitted by these terms and conditions or specific permission provided elsewhere on this Web site. Any unauthorized use of the images may violate U.S. and international copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes and/or treaty provisions. In addition to the rights UNIBEST International has in the individual elements of the Content, UNIBEST International also owns a copyright in the selection, coordination and arrangement of the Content.
8. All the UNIBEST trademarks, logos and service marks (collectively "Trademarks"), displayed on this Web site, are the registered and unregistered Trademarks of UNIBEST International. Nothing contained on this Web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Web site without the prior written permission of UNIBEST International. Your misuse of the Trademarks displayed on this Web site, or any other content displayed on this Web site, except as provided in these terms and conditions, is strictly prohibited.
9. UNIBEST International will provide commercially reasonable security measures, however, you understand and acknowledge that certain risks are inherent in the transmission of information over the internet and you agree to assume the security risk for the transmission of the information you provide when using this Web site.
10. UNIBEST International may at any time revise these terms and conditions by updating this posting and may also make changes to the content or any links at any time. You are bound by any revisions and should, therefore, periodically visit this page to review these terms and conditions.
UNIBEST Data Liability Notice:
NOTICE REGARDING THE ASSUMPTIONS AND LIMITATIONS OF THE ATTACHED REPORT:
Please note that the attached report (the “Report”) of UNIBEST International, LLC (“UNIBEST”), and the recommendations contained therein, is provided to you subject to your understanding and acknowledgement of the assumptions upon which the Report is based and the limitations of the findings and recommendations contained therein.
The Report is based on the assumption that the soil sample that you provided for our analysis (the “Sample”) was collected, processed and transported to the lab in accordance with the Sampling Protocol for the Unibest Soil Paste Method of analysis for the Unibest Ag Manager, including (without limitation) that:
• the soil depth where the Sample was collected is accurately reflected on the Laboratory Submission Form that you provided with the Sample;
• the proper volume of soil is contained in the Sample vial;
• the Sample was received at our laboratory on a timely basis (i.e., within 5 days of the date the Sample was prepared);
• the Laboratory Submission Form that you provided with the Sample is completed properly and the double barcode is properly matched to the corresponding Sample vial;
• the Sample contains an adequate representative composite (i.e., mix) of the area to be measured;
• the Sample contains a field moist sample of soil (as opposed to a standard laboratory dried and ground soil), as required for The UNIBEST Method.
In addition, the accuracy of the recommendations provided in the Report may be limited by several factors, including (without limitation):
• the quality of the Sample;
• the extent to which the Sample represents a true average of the field;
• the extent to which the crop’s actual effective rooting depth is consistent with the depth at which the Sample was collected;
• the proper identification of crop and nutrient uptake requirements (lbs. of nutrient/acre) to achieve a particular yield goal;
• the presence of unusual weather or other environmental factors that may prevent nutrients from adequately reaching the crop;
• the extent to which a soil database differs from the specific soil type represented by the Sample.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE FINDINGS AND RECOMMENDATIONS CONTAINED IN THE REPORT ARE PRELIMINARY AND EXPERIMENTAL IN NATURE AND PROVIDED FOR INFORMATION PURPOSES ONLY WITH NO WARRANTY OR REPRESENTATION OF ANY KIND OR LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR ANY USE OF THE REPORT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UNIBEST AND ITS SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, ADVISORS, EMPLOYEES AND CONTRACTORS (COLLECTIVELY, “UNIBEST PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE UNIBEST PARTIES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE REPORT, AND IN NO EVENT SHALL THE UNIBEST PARTIES BE LIABLE FOR ANY LOSS, INJURY, REMEDIATION DAMAGE, COST OR EXPENSE INCURRED OR ARISING OUT OF THE USE OR RELIANCE ON THE REPORT UNDER ANY THEORY OF LAW (INCLUDING WITHOUT LIMITATION PRODUCT LIABILITY OR NEGLIGENCE), INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CROP, OR SOIL OR ENVIRONMENTAL DAMAGE. YOU IRREVOCABLY AND UNCONDITIONALLY RELEASE UNIBEST AND THE UNIBEST PARTIES FROM ALL LIABILITY AS SET FORTH HEREIN.
The information contained in the Report is the Confidential Information of UNIBEST (as such term is defined in the confidentiality agreement between you and UNIBEST), and is intended solely for the designated recipient, and may not be reproduced, distributed or published by any recipient for any purpose except as authorized by UNIBEST in advance in writing. The provision of information herein does not create any joint relationship or authorize you to act or speak on behalf of UNIBEST. Neither the accompanying information nor any disclosure of the information grants you or any third party any right or license.