Acceptance Of Terms Through Use
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
The Terms of Use agreement governs your use of this Internet site and related services (collectively called the “Service” or CropWorks Service) provided to you (Member) by Progressive Investment Trust (“CropWorks”).
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Terms of Use agreement and our Privacy Policy
Service
The CropWorks Service primarily consists of the http://www.CropWorks.co.za Internet site and related services such as Email Newsletters.
CropWorks may discontinue or alter any service level or aspect of the Service at any time, without notice, without liability and at CropWorks’s sole discretion.
CropWorks reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
Rules Of User Conduct
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that:
- Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of CropWorks.
You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school.
CropWorks generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, CropWorks and its agents have the right at their sole discretion to remove any content that, in CropWorks’s judgment, does not comply with the this agreement or is otherwise harmful, objectionable, or inaccurate. CropWorks is not responsible for any failure or delay in removing such content.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CropWorks, and you acknowledge that CropWorks is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by CropWorks or any association with its operators.
Copyright
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all content and materials available on this site. Except as expressly authorized by CropWorks, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from CropWorks is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of CropWorks. Permission is granted only when certain limited criteria are met.
By posting or submitting content to this site, you:
- Grant CropWorks and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by CropWorks will not infringe or violate the rights of any third party.
You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify CropWorks and provide the following information:
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the above information is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Disclaimer Of Warranties
All materials, information, software, products, and services included in or available through this site (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. CropWorks, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation Of Liability
Under no circumstances shall CropWorks, its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if CropWorks has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, CropWorks’s liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
Upon a request by CropWorks, you agree to defend, indemnify, and hold harmless CropWorks and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. CropWorks reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CropWorks in asserting any available defences.
International Use
CropWorks makes no representation that materials on this site are appropriate or available for use in locations outside South Africa , and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of South Africa and the parties submit to the exclusive jurisdiction of the South African Courts. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the courts of South Africa .
Whole Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and CropWorks with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and CropWorks with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
