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Terms of Use

Version 1.0

This website is operated under license by Agra GPS Ltd., herein referred to as AGRA GPS, located at Agra-GPS.com.

Please read these Terms of Service (“Terms”) carefully before you begin using Our Products and Services or any Third Party Services. By clicking “Login”, “Create Account”, “Sign In” “Sign Up”, creating a user account, placing an order, or otherwise using the Products and Services, you agree to accept and be bound by these Terms, along with the AGRA GPS End User License Agreement, AGRA GPS Privacy Policy, and the AGRA GPS Privacy Statement, which are all taken together and incorporated by reference into these Terms, and govern Your use of the Products and Services and constitute a binding legal agreement between You and AGRA GPS, (the “Agreement”). If any of the provisions of these Terms directly conflict with those applicable to individual Products or Services, the provisions applicable to the specific Products or Services will prevail. If you do not agree to the Agreement, do not buy, rent, lease, access or use any of our Products or Services or any Third Party Services.

Agra GPS Ltd., (collectively, “AGRA GPS” “We,” “Us,” or “Our”) provide the AGRA GPS website located at agra-gps.com, agragps.com, agragps.de, and all associated sites owned & operated by Us, including the AGRA GPS user account website that may be accessed at www.agra-gps.com (“Sites”) any services accessible through the Sites, including any AGRA GPS Applications and AGRA GPS Web Applications (“Web Apps”) and software that may be downloaded to Your smartphone or tablet to access services (“Mobile Apps”), and any products & services, including products & services that can be accessed all for use in conjunction with AGRA GPS hardware products (“Products”) and in other ways that AGRA GPS provides. The term “Services” means the Sites, Web Apps, Mobile Apps, and Product Update Services.

Disclaimer

This website contains copyrighted work belonging to Agra GPS Ltd. and may include references to other works from other copyright owners, to which Agra GPS has absolutely no affialation with, whatsoever, with such other respective copyright owners.

Please read these Terms carefully, as they contain important information about a class action waiver and a binding arbitration provision, requiring you to arbitrate any claims you may have against AGRA GPS on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

THESE TERMS ARE A BINDING LEGAL AGREEMENT. BY ACCEPTING THESE TERMS AND ACCESSING AND USING ANY AGRA GPS PRODUCTS OR SERVICES IN ANY WAY YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE OF THE PRODUCTS AND SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT. YOU REPRESENT THAT YOU ARE, OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE PRODUCTS AND SERVICES AND TO ENTER INTO THIS AGREEMENT.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO, FROM TIME TO TIME, SOFTWARE UPDATES OF THE SERVICES THROUGH THE OFFICIAL AGRA GPS WEBSITE, API, AND APPLICATION AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE OUR PRODUCTS OR SERVICES WHATSOEVER.

SECTIONS 4 AND 5 BELOW DESCRIBE IMPORTANT LIMITATIONS OF THE PRODUCTS AND SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, WHICH, BY YOUR USE OF THE PRODUCTS AND SERVICES, YOU AGREE TO ACCEPT.

AGRA GPS products & services are proprietary products that are not intended direct public attention to any other Entity, Company, or Product, Goods, Services or Business in any way, pursuant to the Canadian Trademarks Act R.S.C., 1985, c. T-13.

AGRA GPS products & services are proprietary products and makes no attempt whatsoever to mislead, confuse, pass off other goods or services as and for those ordered or requested, or make use, in association with goods or services, of any description that is false in a material respect and likely to mislead the public, pursuant to the Canadian Trademarks Act R.S.C., 1985, c. T-13.

All trademarks, logos and brand names remain the absolute property of their respective owners. Any company, product and service names used in this website are for identification, reference, or compatability, or suitability purposes only. Any reference to any names, trademarks and brands does not imply endorsement, in any way or form whatsoever.

Agra GPS Ltd. assumes NO LIABILITY for statements made by any third-party, and assumes NO LIABILITY for any copyright and trademark infringements assumed or implied by this website. Agra GPS Ltd. assumes no liability for claims or endorsements by ANY third-party, including, but not limited to, retailers, wholsalers, distributors, dealerships, sales representatives, or any other entity that is not Agra GPS Ltd.

You may use AGRA GPS Products and Services only if you have the legal capacity to form a binding contract with AGRA GPS. Only individuals aged 18 and older are permitted to act as Account Owners of AGRA GPS Accounts. The Products and Services are not available to any users previously prohibited from using the Products and Services by AGRA GPS.

Certain features of the website (agra-gps.com), herein referred to as the Site, may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute when accessing this site, at any time, or through proxy.

Product Use Agreement

AGRA GPS accepts no liability for misuse of any product, good or service provided by Us. If you intend to misuse Our products, you may not use our product, good or service and must return the product to Agra-GPS Ltd. Box 2585 Stony Plain, AB Canada.

You may not and you many not directly or indirectly, cause, permit, or allow others to:

– You may not and you many not directly or indirectly, cause, permit, or allow others to remove or modify any program or services, markings or any notice of AGRA GPS’s proprietary rights;

– You may not and you many not directly or indirectly, cause, permit, or allow others to recreate the Products or Services, including any AGRA GPS Applications, Updates, Products, programs or materials to which you are provided access to, available in any manner to any third party;

– You may not and you many not directly or indirectly, cause, permit, or allow others to modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, distribute, republish or download any part of the Products and Services, or access or use the services in order to build or support, and/or assist a third party in building or supporting, Products or Services competitive to AGRA GPS;

– You may not and you many not directly or indirectly, cause, permit, or allow others to disclose the results of the performance of the Products and Services without AGRA GPS’s prior written consent;

– You may not and you many not directly or indirectly, cause, permit, or allow others to license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing, or otherwise commercially exploit or make the Products and Services, AGRA GPS programs or materials available, to any third party unless authorized.

You agree that You will not, and You will not permit others, to misuse, rearrange, disconnect, abandon, remove, relocate, repair, service, alter, modify, tamper or otherwise interfere with any of the Products sold to you and AGRA GPS accepts NO LIABILITY for any misuse of the products. AGRA GPS may terminate the Agreement and recover such damages as may result from Your actions.

You acknowledge and agree that AGRA GPS makes no representation or warranty about the quality or safety of any Third-Party Products or Services or the interface with Product and Services. Accordingly, AGRA GPS is not responsible for Your use of any Third-Party Product or Service, or any personal injury, death, property damage (including, without limitation, to Your home), or other harm or losses arising from or relating to Your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services.

You explicity accept, under penalty of perjury, not to modify, make derivative works of, disassemble, reverse-compile or reverse-engineer any part of AGRA GPS Products and Services.

You agree not to access the Products and Services in order to build a similar or competitive service or product. No proprietary part of the Products and Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;

You agree not to upload, transmit or distribute any computer viruses, worms, malware, or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Services, the Products, the Product Software or any other system, device or property;

You agree not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;

You agree not to access (or attempt to access) any of the Services by means other than through the interface that is provided by AGRA GPS;

You agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Products and Services. Any future release, update or other addition to functionality of the Services shall be subject to these Terms.

Accounts

Account Creation. For you to use the Shop, you have to start an account and provide information about yourself, or your company. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information at all times. You may delete your Account at any time by following the instructions on our Privacy Policy. AGRA GPS may suspend or terminate your Account in accordance with applicable laws if AGRA GPS believes you may have provided false or misleading information about yourself, or your company. You may request, at any time, that your account be deleted in accordance with applicable international law.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify AGRA GPS of any unauthorized use, or suspected unauthorized use of your Account. AGRA GPS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Site, Products or Services

Subject to these Terms. AGRA GPS grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial, or commercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, Products or Services; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, Products or Services; (c) you shall not access the Site in order to build a similar or competitive website, product or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

AGRA GPS reserves the right to change, suspend, or cease the Site, Products or Services with or without notice to you. You approved that AGRA GPS will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that AGRA GPS will have no obligation to provide you with any support in connection with the Site.

You own the product, however you agree that under no circumstances shall you attempt to defraud AGRA GPS trade secrets, change, make derivative works of, disassemble, reverse compile or reverse engineer any of the Products sold by AGRA GPS or any third-parties.

User Content

User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by AGRA GPS. Because you alone are responsible for your User Content, you may expose yourself to liability. AGRA GPS is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to AGRA GPS an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, scrapes, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide AGRA GPS with any feedback or suggestions regarding the Site, you hereby assign to AGRA GPS all rights in such Feedback and agree that AGRA GPS shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. AGRA GPS will treat any Feedback you provide to AGRA GPS as non-confidential and non-proprietary.

You agree to indemnify and hold AGRA GPS and any officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. AGRA GPS reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AGRA GPS. AGRA GPS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links are not under the control of AGRA GPS, and AGRA GPS is not responsible for any Third-Party Links. AGRA GPS provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

You hereby release and forever discharge AGRA GPS and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other website, Website Name uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Disclaimers

The site is provided on an “as-is” and “as available” basis, and AGRA GPS and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

If you are a resident or citizen of Australia, and you have a problem with AGRA GPS goods or service, you have the right to a refund, replacement or repair if your products, goods or service provided by AGRA GPS is under $100,000, pursuant to Australian Consumer Law.

For Australian customers, we explicitly agree that AGRA GPS products, goods and services are

– of acceptable quality

– match the provided description

– meet any express warranties

– fit for purpose.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall AGRA GPS or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if AGRA GPS has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of one hundred U.S. dollars (U.S. $100). The existence of more than one claim will not enlarge this limit. You agree that any third-party supplier will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion will not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. AGRA GPS will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect.

AGRA GPS respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for ALL damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. If you hold an account with Us, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with AGRA GPS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by AGRA GPS that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and AGRA GPS, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to AGRA GPS should be sent to: AGRA GPS Address. After the Notice is received, you and AGRA GPS may attempt to resolve the claim or dispute informally. If you and AGRA GPS do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a Canadian court of law, unless you reside outside of the Canada, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that AGRA GPS made to you prior to the initiation of arbitration, AGRA GPS will pay you the greater of the award or $2,500.00. The complaining party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or AGRA GPS pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and AGRA GPS, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and AGRA GPS.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and AGRA GPS in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND AGRA GPS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge in a Court of Law in Canada.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with AGRA GPS.

Small Claims Court. Nonetheless the foregoing, either you or AGRA GPS may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from AGRA GPS, or any products utilizing such data, in violation of the United States export laws or regulations.

AGRA GPS is located in Canada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and AGRA GPS use electronic means, whether you use the Site or send us emails, or whether AGRA GPS posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from AGRA GPS in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AGRA GPS provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to AGRA GPS is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AGRA GPS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. AGRA GPS may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use Agra GPS Ltd. Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: Agra-GPS Ltd. Box 2585 Stony Plain, AB Canada

Email: legal@agra-gps.com

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