*** IMPORTANT: ***

Your using any SmallCrop web site and/or placing of any Order or Payment with it CONSTITUTES YOUR KNOWING AND FULL ACCEPTANCE of all of its following Terms and Conditions:

Our "Terms-of-Use" Agreement

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This Agreement details your rights and obligations as an online user of the SmallCrop web sites. (For any future correspondence on specific legal concerns, please use our online Contact Form.)

Online-Use TERMS AND CONDITIONS For All SmallCrop Web Sites/Pages:

This "Terms-of-Use" Agreement describes how we handle your personal information for our goods and services on the SmallCrop websites. It applies generally to the SmallCrop public website and content and other related websites where a link to this Agreement appears in the footer of the page. Some SmallCrop-branded websites or websites we operate may be governed by separate "Terms-of-Use" Agreements. The Agreement that applies on any of our domains or subdomains is always the Agreement that appears in the footer of each website.

Our partners', subsidiaries' and relevant contacts' "Terms-of-Use" practices are generally similar to those described in this "Terms-of-Use" Agreement. Subject to the requirements of applicable law, we strive to provide a consistent set of online practices throughout the global SmallCrop trading community. By accepting SmallCrop's Privacy Policy and Terms and Conditions in online use and/or registration, you expressly consent to both our posted online "Terms-of-Use" and our collection, storage, use and disclosure of your personal information as described in the accompanying Privacy Policy. This "Terms-of-Use" Agreement is effective upon acceptance for new users and is otherwise effective on February 15, 2010.

SmallCrop LLC ("SmallCrop") provides the SmallCrop site ("Site") as a value added service to the online offerings provided from the SmallCrop website(/s). Use of this service is conditional upon your acceptance of the terms and conditions set forth below, as they may be amended from time to time, and constitutes a legally binding agreement ("Agreement") between you and SmallCrop. By paying for access to the added value service, you accept those terms and conditions without limitation.

This service is for personal, NON-commercial use. You are NOT permitted to incorporate ANY purchases made through the Site into further offerings for business purposes, and you are NOT permitted to license, sell, resell or disseminate any offerings obtained through the Site.

IMPORTANT NOTICE:

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your SmallCrop password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.

SmallCrop will continue to offer access extension rights to you at annual intervals until you cancel your overall access. No monetary refund for any currently valid access period will be given in the event that a cancellation is received by SmallCrop prior to that period's time expiry. In the event of a cancellation during a current access period, any cancellation will only be effective from the next renewal date following successful receipt by SmallCrop of the cancellation notice.

Payment for access entitles you to the following (only when accessed directly by individual, password-protected member login from the SmallCrop web pages):
• Reduced or discounted price options when purchasing offerings;
• Reduced or discounted online display and electronic-systems implementation options when selling offerings;
• Access to specialized services and resources when purchasing and/or selling offerings;
• An enhanced ability to make and/or collect online payments directly through PayPal, with absolutely no financial privacy ever being or becoming disclosed to SmallCrop, at all;
• Reasonably fluid and functional link following when carrying out online navigation. SmallCrop cannot guarantee that all websites currently or potentially included in that overall navigation path fully comply with reasonably acceptable and/or commonly known online or other related protocols for its link following software functionality.

SmallCrop reserves the right to remove or change the details of offers without notice.

While SmallCrop uses reasonable efforts to provide accurate and functional online offerings, electronic-systems implementation and related resources and information, SmallCrop assumes no liability or responsibility for errors, omissions or ambiguities in the online offerings or related information provided by the Site. In no event shall SmallCrop be deemed liable for any damages whatsoever arising out of your use or sale of the products, downloads, services, online or other offerings, relevant contacts, related goods, downloads or services, memberships, membership dues or entitlements, the Site or the content thereof, including direct, indirect, incidental, consequential or punitive damages.
Without limiting any of the foregoing, the content, systems architecture, functional state, local and global scope content and services of the Site are provided "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions may not apply to you.

You represent and warrant to SmallCrop that the goods, texts, electronic, virtual, physical or other goods, e-books, downloads, online or other offerings, concepts, services or materials submitted by you to SmallCrop, and the online offerings incorporation of those goods, e-books, downloads, online or other offerings, concepts, services or materials by SmallCrop, do not, and will not:
• infringe SmallCrop's or any third party's copyright, trademark, patent or other proprietary rights or right of publicity or privacy;
• violate any applicable law, statute, ordinance or regulation;
• be defamatory or libellous;
• be lewd, pornographic or obscene;
• violate any laws or conventions, including any laws regarding unfair competition, discrimination, or false advertising;
• promote violence or contain hate speech, indecency, malicious offense, vulgarity, criminal incitement, fraud or obscenity;
• contain hazardous or harmful substances, toxins, pesticides, insecticides, herbicides, pathogenic microorganisms, GMOs, endocrine disruptors, diseases, parasytes, infestations, flaws, defects or other "pollutants, impurities, pests, diseases, defects or harmful residues"; or
• contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines or other "malware" or electronic-systems subversion.

Distributor Terms of Service Agreement and Disclaimer:

The following provisions govern the use of SmallCrop by its members. Members agree to the following by submitting a member registration form. Members receive free access to all of SmallCrop's open (public) and "members-only" features, including a subscription to the periodic newsletter listing what's new on SmallCrop.

Copyright and Trademarks:

The entire contents and design of SmallCrop are protected under U.S. and international laws, copyrights, trademarks, patents, trade secrets and explicitly and personally assumed member confidentiality. SmallCrop is for your personal noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on SmallCrop without the prior written permission by the Managing Partner of SmallCrop. Please refer to the copyright notice for more information. Names and logos are trademarks and service marks of SmallCrop and appropriately licensed third parties and may not be used without permission specifically obtained and granted in legal writing.

General Disclaimer:

(i) SMALLCROP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) YOUR USE OF SMALLCROP IS AT YOUR OWN RISK; (iii) ACCESS TO SMALLCROP MAY BE INTERRUPTED AND INFORMATION PROVIDED MAY NOT BE ERROR FREE; AND (iv) NEITHER SMALLCROP, NOR ANY OF ITS MEMBERS, NOR ANY ONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING SMALLCROP OR THE MATERIALS CONTAINED THEREIN, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED ON SMALLCROP, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, SMALLCROP.

Professional Advice Disclaimer:

All content published by SmallCrop (including web-site resident, electronic content) undergoes peer review to ensure fair balance, objectivity, independence, and relevance to educational need. The editors of the material herein have consulted sources believed to be reliable in their efforts to provide information that is in accord with the standards accepted at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained within SmallCrop, neither SmallCrop, nor any of its members, nor any other party involved in the preparation of SmallCrop content represents or warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material. Readers are encouraged to confirm the information contained herein with other sources. Consumers reading articles posted on SmallCrop should review the information carefully with their respectively appointed professional advisors. The information is not intended to replace advice offered by appropriately certified pertinent professional advisors. SmallCrop and its members make no representations or warranties with respect to any treatment, action, or application of a substance or preparation by any person following the information offered or provided within or through SmallCrop. SmallCrop and its members will not be liable for any direct, indirect, consequential, special, exemplary, or other damages arising therefrom.

The advertisers who purchase and post links or other content on SmallCrop have no influence on editorial content or presentation. Moreover, the posting of any link by or on SmallCrop does not imply endorsement by SmallCrop or its members or Editors.

Financial Disclaimer: 

The financial content, including all financial data, editorial content and advertising (hereafter referred to together as "Financial Content"), provided on SmallCrop is intended for personal use and does not constitute professional advice as to merchantability, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell attestably merchantable goods or services. For financial decisions, always consult a professional financial advisor. Financial Content that appears on SmallCrop does not mean that SmallCrop endorses such content. In addition, SmallCrop makes no representation that financial information is accurate, complete, or timely.

Your actual receipt of accurate price quotes may be affected by delays in transmission over the Internet and by other causes.

A wide variety of SmallCrop members and other contacts provide editorial content to SmallCrop. Their publications are designed to provide general information in regard to the subject matter covered. However, if nutritional, health-related, merchantability, financial or other advice or other expert assistance is required, consult your appropriately designated professional advisor, respectively.

None of the statements made within the SmallCrop overall content have been specifically authorized or endorsed by any local, state or federal agency, to include the FDA and/or the USDA, etc. -- and as such, they are not intended to serve as "certified, authorized and/or otherwise legitimately qualified advice."

The SmallCrop offerings content was assembled based on subjective content contributions from its members or other contacts. The purpose of said content is to represent various categories of consumer and other information for Freedom of Information Act protected and similar, fully lawful purposes. This content should not be used and does not represent a recommendation for personal actions, and should not be construed as an endorsement by SmallCrop.

SmallCrop may make shopping-cart or online transacting available on its site through relationships with various provider institutions. Typically, you need to create accounts with these companies through their own specific website and those companies will be solely responsible for their services to you. Therefore, SmallCrop is not liable for any of these services or problems with your account and you agree to not hold SmallCrop liable for these issues. SmallCrop is not a registered financial dealer and any partnering, advertising or promotional arrangements made with these companies should not be construed as endorsement by SmallCrop.

In some cases, the content available through SmallCrop from a given SmallCrop Supplier is the property of said Supplier and is protected by copyright and other laws. Content published by Supplier may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, display, sell, publish, broadcast or circulate any content published by either SmallCrop or any SmallCrop Supplier to any one, including but not limited to others in the same company or organization, without the express prior consent of both SmallCrop and its respective subject Supplier, with the following single exception: you may, on an occasional and irregular basis, disseminate an insubstantial portion of content published by a SmallCrop Supplier, for a non-commercial purpose, without charge, and in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary notices with such portion of the content in the same form in which the notices appear in the content of SmallCrop's respective Supplier, and the phrase "Used with permission from [...and insert exact SupplierName here...]."

Indemnification:

Further, you agree that you will hold harmless and indemnify SmallCrop, its members, its Editors and their agents, the contributors to SmallCrop and its relevant contacts and affiliates from and against any and all liability or violation of your representations hereunder, including any infringement of the copyrights or other intellectual property or other rights of any person or entity or other unlawful activity, claim, litigation, costs, fees or damages arising out of the sale, purchase, incorporation, download, transfer, shipment, assignment, forwarding, grant, storage, exhibit, publication, translation or transmission by SmallCrop of any goods, texts, electronic, virtual, physical or other goods, e-books, downloads, online or other offerings, concepts, services or materials submitted by you to SmallCrop. You also agree to hold harmless and indemnify SmallCrop, its members, its Editors and their agents, and the contributors to SmallCrop, against any liability for any claims and expenses, including reasonable attorneys' fees, relating to any violation of the terms of this Agreement or arising out of any actions, materials or content initiated by you.

Without limiting the foregoing, SmallCrop specifically reserves the right to decline to provide services with respect to any text or other materials for any reason whatsoever.

SmallCrop has not reviewed all of the websites and/or functional, electronic or physical architectures that may be linked to the Site, and specifically disclaims responsibility for the content of any such linked sites, architectures or functionalities.

Governing Law;  Jurisdiction;  Statute of Limitations:

All disclaimers, indemnities and exclusions shall survive termination of this Agreement for any reason.
This Agreement is governed by and construed in accordance with European, Brazilian and United States Law. Any disputes shall be subject to either the combined or the exclusive jurisdictions of single or multiple Courts of Law. Whenever all parties fall within U.S. jurisdiction, this Agreement shall be governed by the laws of the State of Washington and the United States applicable to agreements wholly made and performed in The State of Washington and the United States without regard to its conflict of laws principle. Before seeking legal recourse for any harm you believe you have suffered from your access to SmallCrop, you will give SmallCrop written notice specifying the harm and 30 days to cure the harm after providing such notice. In the event that you believe you have been irreparably harmed by any cause of action relating to SmallCrop, you agree to inform SmallCrop in adequately and lawfully served legal writing and grant SmallCrop ninety (90) days to cure the harm before initiating any action. Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Skagit County, State of Washington, USA, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address. Any cause of action initiated by you must be initiated within four (4) months after the claim or cause of action has arisen or it will be barred.

Acceptance Procedure:

By submitting a SmallCrop membership application form or accessing materials on SmallCrop you agree with all the terms and conditions of this Agreement. You further agree that this agreement and the terms and conditions hereof, including all disclaimers set forth herein, shall inure to the benefit of the SmallCrop members, the editors and their agents, and the contributors to SmallCrop, as third party beneficiaries hereto, to the same extent that this agreement inures to the benefit of SmallCrop.

SmallCrop reserves the right, at its sole discretion, to change the terms and conditions of this Agreement from time to time and your access of SmallCrop will be deemed to be your acceptance of and agreement to any changed terms and conditions.

SmallCrop may contain links to web sites operated by other parties. Such links do not imply SmallCrop's endorsement of material on any other site, content, claim or entity and SmallCrop disclaims all liability with regard to your access of such linked web sites, contents or entities.

SmallCrop's Policy on Member Privacy:

Please see SmallCrop's Member Privacy Statement, incorporated by reference herein and posted directly at the following online (web) URL:  http://smallcrop.net/PrPol/

*** MY CLICKING ON any web-page navigation link or confirmation button FROM THIS POINT FORWARD shall signify MY PERSONAL WRITTEN ACCEPTANCE OF ALL OF THE ABOVE-STATED TERMS AND CONDITIONS, which I have fully reviewed and hereby knowingly and permanently ACCEPT and AGREE TO. *** (Accepted By YOU, Our "Online User.")