You understand and agree that you are solely responsible for data and information you input to the Tool (“User Data”). You represent to Enriched Ag that you have the full right, power and authority to provide the User Data for the uses and purposes as described in the Website Terms and these Tool Terms, and will indemnify and hold harmless Enriched Ag for any and all claims and damages arising out of your breach of this representation.
You further understand and agree that Enriched Ag may use the User Data for the purpose of generating and providing the Output, and for Enriched Ag’s business purposes, including analyzing areas of interest, identifying potential property boundaries and to improve our services. You agree that we may publish and disclose certain User Data, including but not necessarily limited to your responses to questions, but we will not identify you as the source for that User Data unless we have your consent. You acknowledge and agree that we may monitor and track use of the Tool for our operational and other business purposes, including without limitation for purposes of security monitoring and to modify and improve our services. We may use and disclose aggregate usage data (that does not specifically identify you) for our business purposes, including for marketing and promotion as well as to modify and improve our services. YOUR USE OF THE TOOL AND THE OUTPUT ARE PROVIDED TO YOU SOLELY FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ANY OFFER OR ACCEPTANCE FOR SERVICES. THE TOOL AND THE OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE IS AT YOUR OWN RISK. ENRICHED AG MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR OTHERWISE, IN CONNECTION WITH THE TOOL OR THE OUTPUT, INCLUDING WITHOUT LIMITATION ANY WARRANTY, CONDITION OR IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR SECURITY OF THE TOOL OR OUTPUT. ENRICHED AG DOES NOT GUARANTEE THAT THE OUTPUT WILL BE ACCURATE, RELIABLE OR CORRECT. You agree that neither the Tool nor any of the Output may be construed as financial, legal, regulatory, tax, accounting or other specialist advice. YOU ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON THE TOOL OR OUTPUT. You must make your own independent assessment and investigation as you deem necessary to determine whether or not to rely on the Tool or the Output.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENRICHED AG BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE TOOL OR THE OUTPUT. If the foregoing limitation is deemed unenforceable, then Enriched Ag’s entire liability arising out of or relating to your use of the Tool will be limited to $100.