The services provided by LeafWorks Inc. (“LeafWorks”) include (1) receiving plant genetic samples from customers, taken and sent using our test kits as directed; (2) any LeafWorks testing services performed for you according to the testing methods LeafWorks uses in the ordinary course of business; and (3) providing customers with the results of such testing that the customer can access and download from LeafWorks’ website or receive such results by email (collectively the “Services”).
You acknowledge and agree that these Services are provided on an “AS-IS” basis, are dependent on the quantity, quality and condition of the plant samples as received by LeafWorks, and are subject to normal laboratory error rates during testing in the ordinary course (“Errors”). As this possibility is known in advance, customers are not entitled to refunds or damages when these Errors occur.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(1) YOUR USE OF THE SERVICES AND THE INFORMATION OBTAINED FROM THE SERVICES ARE DONE AT YOUR SOLE DISCRETION AND RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEAFWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(2) IN FURTHERANCE AND NOT IN LIMITATION OF PARAGRAPH (1) ABOVE, LEAFWORKS MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; AND (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
(3) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHER RECEIPT OF ANY SUCH INFORMATION OBTAINED FROM THE SERVICES.
(4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LEAFWORKS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(5) CALIFORNIA RESIDENTS EXPRESSLY DISCLAIM ANY RIGHTS THEY MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542.
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEAFWORKS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEAFWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES OR THE RESULTS THEREOF; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE SERVICES.
You agree to defend and hold LEAFWORKS, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of ANY PLANT GENETIC SAMPLES YOU SUBMIT; your use of the Services; your connection to the ServiceS; your violation of the CONTRACTUAL TERMS GOVERNING SUCH SERVICES; or your violation of any rights of another.