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Terms of Use

Effective Date: November 30, 2022

These Terms of Use (“Terms”) apply to Noble Research Institute, LLC’s (“Institute”) various websites, mobile applications, agricultural technology tools, portals, platforms, programs, educational events or products, and other services (collectively, “Services”), which may be provided to customers, consumers, retailers, ranchers, or others. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Notice. Please read the Terms and Privacy Notice (www.noble.org/privacy-notice) before using the Services. By using the Services, you agree to the Terms and the Privacy Notice. If you do not agree with any of the Terms or the Privacy Notice, please do not use the Services.

Certain Services may have unique terms applicable to that Service. In case of any conflict between the Terms and the unique terms applicable to a Service, the unique terms applicable to the Service shall govern.

The Institute will post any changes to the Terms on the Institute website (www.noble.org). You are responsible for periodically visiting the Institute website and the Terms to check for any changes. The Institute may change the Terms at any time without prior notice, and your continued use of the Services following any changes is an agreement by you to any change(s) in the Terms.

Patent, Trademark, and Copyright

Unless otherwise expressly noted, the Institute is the owner of all right, title, and interest in the Services and their content, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names, and any and all other intellectual property, whether protectable or not and whether now known or hereafter existing, and all of the goodwill therein (collectively “Intellectual Property”). The Services are for your private use only, with no transfer of title. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other non-private use of any of the content obtained from the Services.

Services Usage

You shall use the Services only for lawful purposes and only for your own personal use. No other use is permitted unless otherwise expressly permitted by the Institute. You may not, for example, use the Services to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

You are prohibited from violating or attempting to violate any security measures associated with the Services, including, without limitation:

  1. Using someone else’s account or accessing data that you are not authorized to access;
  2. Disclosing your password to a third party;
  3. Failing to notify the Institute if your account is compromised;
  4. Attempting to probe, scan or test the vulnerability of the networks or systems associated with delivery of the Services without proper authorization to conduct security-related testing;
  5. Attempting to interfere with delivery of the Services;
  6. Sending unsolicited e-mail or messages, including promotions and/or advertising of products or services; or
  7. Hijacking all or any part of the networks or systems associated with delivery of the Services, deleting or changing any Services or Service content, deploying pop-up messages or advertising, running or displaying the Services or any Services content in frames or through similar means on another forum.

The Institute has absolute discretion to determine if any use violates these rules, and to act as the Institute deems appropriate in the event of any violation. Violations of security measures may result in civil or criminal liability. The Institute will investigate occurrences which may involve such violations and may cooperate with law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Your use of the Services may be subject to interruptions and errors. The Institute may at any time change, restrict, or discontinue access to the Services in the Institute’s sole discretion and without prior notice to you. 

Links to Other Websites

The Services may include and/or incorporate links to third-party websites. The Institute is not responsible for the content found on any linked third-party websites and do not endorse any third-party website or their goods or services. If you use a third-party website or visit a third-party website from the Services, you will be subject to the terms of use that apply to such website.

Liability Disclaimer

THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, OR IMPLIED. THE INSTITUTE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THEIR CONTENT, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND THEIR CONTENT.

YOU ASSUME ALL RESPONSIBILITY FOR ANY USE OF ANY SERVICES AND THEIR CONTENT. IN NO EVENT SHALL THE INSTIUTE, ITS MEMBER (AND THE DIRECTORS THEREOF), OFFICERS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, CONTRIBUTORS, FOUNDERS OR ADVISORS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES OR THE CONTENT (COLLECTIVELY, "RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF THE USE OF, THE INABILITY TO USE, OR ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN, THE SERVICES OR THEIR CONTENT, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL A RELEASED PARTY BE LIABLE FOR ANY CLAIMS ARISING OUT OF THE USE OF THE SERVICES OR THEIR CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.

Indemnification

You shall defend, indemnify, and hold harmless the Released Parties from and against any claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Services.

Arbitration/Governing Law

The Terms shall be governed by the laws of the State of Oklahoma, without regard to conflicts of law principles. Any dispute arising under or relating to the Terms, its content, or the use of the Services, will be resolved exclusively by the state and federal courts of the State of Oklahoma.

Miscellaneous

The Terms, the Privacy Notice, and any unique terms applicable to individual Services constitute the entire agreement between you and the Institute regarding use of the Services. Any failure to enforce any provision of the Terms shall not constitute a waiver thereof or of any other provision. If any part of the Terms or the Privacy Notice 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. If you fail to comply with the Terms, the Institute may terminate your access to the Services and revoke all rights granted to you under the Terms. Your obligations under the Terms will continue after such termination.