Terms of Use Agreement
 
Introduction. User agrees to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the information and content provided by the ProfitableFarming.com Web Services ("Web Services"). This Agreement constitutes the entire and only agreement between ProfitableFarming.com Corporation and a User of our Web Services ("User"), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Web Services, the content and services provided by or through our Web Services, and the subject matter of this Agreement. Users agree to review this Agreement prior to using our Web Services.
 
Privacy Policy.   At ProfitableFarming.com Corporation, we respect the privacy of each user of  our Web Services.  Therefore, we have instituted policies intended to ensure that your personal information is handled securely and protected from viewing by other users.  We have posted a Privacy Policy at ProfitableFarming.com website to let you know what kind of information we collect, how it is handled and with whom it may be shared. We encourage you to review our privacy policy to better understand our effort to protect your privacy.

Copyright. The presentation, layout, design, content, organization, resources, databases, applications, logic, formulas, as well as gathering, compilation, digital conversion and other matters related to our Web Services are protected under applicable copyrights, trademarks and other proprietary rights, including but not limited to intellectual property rights. The copying, redistribution, use or publication by a User of any such content or any part of our Web Services is strictly prohibited, except as expressly allowed or grants made under separate license agreement.  The User does not acquire ownership rights to any content obtained through our Web Services.
 
Limited Right to Use. The viewing of any content or the use of any service is limited to the personal and private use of the User of the Web Services. User is granted a limited, nonexclusive license for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User's personal use, or as expressly allowed (such as sharing of your FieldPlan information with others), or grants made under separate license agreement (such as a license to a framed window or a popup windows).
 
Editing, Deleting and Modification. ProfitableFarming.com Corporation reserves the right in its sole discretion to edit or delete any documents, information, applications or other content appearing in our Web Services.
 
Indemnification. User agrees to indemnify, defend and hold ProfitableFarming.com Corporation and its partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a User's violation of this Agreement or use of our Web Services.
 
Nontransferable. User's right to use our Web Services is not transferable. Any password given to or provided by the User to use any service or application, or gain access to any information is not transferable.
 
Disclaimer. ALL INFORMATION OBTAINED AND SERVICES USED AT OUR WEB SERVICES  ARE ACCEPTED BY THE USER "AS-IS" AND "AS AVAILABLE."  ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICES, APPLICATIONS AND INFORMATION FROM OUR WEB SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  PROFITABLEFARMING.COM CORPORATION AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER'S USE OF ANY INFORMATION, FORM OR DOCUMENTS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PROFITABLEFARMING.COM CORPORATION AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PROFITABLEFARMING.COM CORPORATION AND USER.  OUR WEB SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. (a) The content, applications and services provided by our Web Services may not be appropriate under the circumstances for any particular situation. The specifics of a given situation may require provisions not contemplated.  No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any application or document to a particular situation. (b) all content, applications and services should be treated as a guide or starting point and should not be considered a substitute for professional analysis. The Web Services are provided and all content and services are licensed with the understanding and agreement that ProfitableFarming.com Corporation and its Affiliated Parties are not hereby engaged in rendering accounting, financial or other professional services. If financial or other expert assistance is required, the services of a competent professional should be sought. User assumes all responsibilities and obligations with respect to any decisions or advice made or given as a result of the use of any application or document and for the selection of any options within any application to achieve User's intended results. (c) All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
 
Use of Information. ProfitableFarming.com Corporation reserves the right, and Users authorize ProfitableFarming.com Corporation, to the use and assignment of all information regarding Web Services uses by User and all information provided by User in any manner consistent with the ProfitableFarming.com Corporation Privacy Policy. 
 
Third-Party Content. ProfitableFarming.com Corporation operates an interactive transaction service allowing access to third-party merchant sites ("Merchants") from which ProfitableFarming.com Corporation users may obtain information or purchase certain goods or services. User understands that ProfitableFarming.com Corporation does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. ProfitableFarming.com Corporation is not a party to the transactions entered into between Users and Merchants. User agrees that use of the ProfitableFarming.com Corporation Web Services is AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY PROFITABLEFARMING.COM CORPORATION, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS PROFITABLEFARMING.COM CORPORATION LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE PROFITABLEFARMING.COM CORPORATION SITE. PROFITABLEFARMING.COM CORPORATION WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE PROFITABLEFARMING.COM CORPORATION SERVICE.
 
Third-Party Merchant Policies. Users who buy products or services from Merchants will be deemed to be customers of Merchant. All rules, policies (including privacy policies) and operating procedures of Merchant will apply to Users while on such Merchant's site. ProfitableFarming.com Corporation is not responsible for information provided by Users to Merchants. Merchant and ProfitableFarming.com Corporation are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
 
Miscellaneous. This Agreement shall be treated as though it were executed and performed in Cary, North Carolina, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of North Carolina (without regard to conflict of law principles). Any cause of action of User with respect to our Web Services must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Cary, North Carolina. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with our Web Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of ProfitableFarming.com Corporation to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement may only be amended in a writing that specifically refers to this Agreement, executed by both parties hereto.
 
(End )