Terms of Use

Developmental Technologies, LLC is a Florida Limited Liability Company and the owner of this site. By accessing or using this Web Site, or by registering as a User of this site you agree to adhere to and be bound by the terms and conditions in this Agreement. Please read this Agreement carefully before accessing or using this site. If you can not accept this Agreement, you may not access or use this Web Site.

In this Agreement, DTL, DTL data and information, all services related to it, including all text, images, photographs, user interface, "look and feel," data and other content (including the selection, coordination and arrangement of such content) are referred to as the "Web Site" or "Service."

DTL reserves the right to change the Terms and Conditions of the Agreement and such modifications shall be effective immediately. Users should visit this page periodically to review the Terms and Conditions because they legally determine the conditions under which they are allowed to use the Web Site. A Userís continued access of this Web Site shall be deemed acceptance of the modified agreement.

I. SERVICES AND INFORMATION GENERALLY.

A. Description. DTL provides through this Web Site an online offering where individuals or entities (collectively, "Users") can access information about the entity, its proprietary intellectual property, including but not limited to the Eco-Ag System and Fluid and Nutrient Delivery System and Methods of DTL.

B. License. Users should access this Web Site for information purposes only. DTL retains the copyrights and all associated rights to the original symbols, concepts, methodologies and ìknow howî provided through this Web Site. The license allows Users to use information purposes only. Any use of the information for material gain, or conversion of such data for the use or benefit of the User is strictly prohibited. All information and code on this Web Site is and shall remain the property of DTL. Under this license, Users cannot sell, assign, or transfer rights any information.

C. Permitted Uses. Users may access and use the Service only according to this Agreement and any posted policies and procedures that appear on the Web Site. Any use of the Web Site is at a Users own risk and responsibility. Users may display the Web Site on an internet access device, and (ii) occasionally, and only in circumstances that constitute "fair use" under U.S. copyright law, print copies of insubstantial portions of the Web Site. Users agree not to modify the Web Site, or any portion of it, except by the express written consent of DTL. Users may not frame, or use any framing techniques to enclose any portion of the Web Site without the written consent of DTL. Users may not use Meta tags or any other "hidden text" that utilize the DTL trademark or company name without the written consent of DTL.

D. Prohibited Uses. Users may not broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create derivative works from the Web Site. Users must comply with all applicable laws in connection with using the Web Site. Further limitations may be set forth in any written or on-screen notice from DTL.

E. Printed or Electronically Produced Products. Users understand that DTL shall retain the right to all information on printed materials when any portion of this Web Site is printed by the User

1. Users agree not to transmit, distribute, post, communicate or store information on, to, or from the Web Site that: (i) is copyrighted by DTL; (ii) reveals trade secrets of DTL. (iii) infringes on any intellectual property, privacy, or publicity rights of DTL;

2. Users further agree not to: (i) use any incomplete, false, or inaccurate information for purposes of registering as a User; (ii) delete or revise any information of another User or of DTL; (iii) take any action that imposes an unreasonably large load on the Web Site's infrastructure; (iv) attempt to interfere with the proper working of this Web Site; (v) attempt to use any software, tool, or other device (including browsers, spiders, robots, avatars, agents, or the like) to navigate or search this Web Site other than with the search engines that may be available from DTL and other commercially available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or (vi) attempt to decipher, decompile, disassemble, or reverse engineer any of the software underlying the Web Site. (vii)attempt to delete or modify links or keywords in the meta-data of this Web Site.

3. Users are prohibited from attempting to violate the security of the Web Site, including: (i) accessing data not intended for Users or logging into a server or account that Users are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Web Site or to breach security or authentication measures; (iii) attempting to interfere with the service of any user, host or network, including submitting a virus to, overloading, "flooding", "spamming", "mail bombing," or "crashing" the Web Site; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

F. Violations. Violations of security of the Web Site will result in civil or criminal liability. DTL will investigate any violation and may cooperate with law enforcement authorities in prosecuting Users involved in such violations.

G. Operation of Web Site. DTL reserves the right to terminate Users ability to communicate with, or access the Web Site at any time. DTL will take reasonable efforts not to disclose any information Users send DTL via the Web Site. DTL may disclose any information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request. DTL may edit, refuse to post, or to remove any information or materials from the Web Site or Server provided by the User.

H. Accessibility. DTL shall not be responsible for any delays or interruptions of, errors, or omissions contained in the Web Site. Although DTL will use reasonable efforts to make the Web Site and log in accessible, DTL makes no representation, warranty or covenant that the Web Site will be available at any specific time since various circumstances may prevent or delay availability. DTL may discontinue or modify the Web Site, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. DTL shall not be responsible for any loss, cost, damage or liability that may result in such events.

I. Termination of Access. DTL reserves the right to reject, cancel, or terminate Users access to the DTL Web Site.. Users agree that DTL shall not be liable to Users or any third party for any rejection, cancellation, or termination of such access.

II. RESPONSIBILITY FOR CONTENT.

A. Web Site. DTL shall not be responsible for any use that is or is not made of the Web Site. DTL makes no representations, warranties or guarantees regarding the truthfulness, accuracy, or reliability of any information that is communicated to and from the Web Site.

B. Downloads. DTL does not guarantee that data made available on the Web Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. It is Users responsibility for implementing sufficient safeguards and procedures to ensure that any such data is free from such problems.

III. RIGHTS TO USE.

A. User Information. For any information or media provided by User in connection with use of the Service (collectively, the "User Information"), DTL has all rights necessary to use the User Information to contact the User or the entity the User represents.

B. License. Upon submission of User Information to the Web Site, User grants DTL a right to use the information of User to contact User for marketing purposes.

1. Intellectual Property. DTL owns all right, title and interest in and to all copyright, trademarks, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site to the fullest extent provided under U.S. and international law. Users shall not remove, conceal or alter any copyright notice, information, disclaimer, restriction, or other notice on the Web Site. Users shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of DTL without the written consent of DTL.

2. Trademarks. User acknowledges that no trade or service marks are being conveyed under this Agreement.

3. Third Party Rights. If Users believe any content appearing on the Web Site infringes another partyís rights, please notify us of this infringement.

IV. REGISTRATION, PASSWORD, USER IDENTITY.

A. User Identity. When registering, Users will create an identity ("User Identity"). The User Identity will include certain information, including the industry in which Users operate. The information provided may not be treated as confidential.

B. Passwords and Access. Users shall keep confidential the User Identity, registration identification, and password(s). Users shall immediately notify DTL if Users learn of or suspect: (i) any loss or theft of a User Identity, registration identification or password, or (ii) any unauthorized use of Users registration identification or password or of the Web Site. In such an event, DTL may impose additional security obligations on Users.

C. Security Breaches. If any unauthorized person obtains access to the Web Site as a result of any act or omission by a User, that User shall use his best efforts to ascertain the source and manner of acquisition and shall promptly notify DTL. Users shall cooperate and assist in any investigation relating to any such unauthorized access.

D. Inactivity. DTL will maintain and grant Users access for a period of time subject to its discretion.

V. PRIVACY.

DTL will use reasonable efforts to follow its privacy policy. Such privacy policy may be changed from time to time at DTL's sole discretion. DTL does not assume any responsibility or liability for any information submitted to the Web Site or for the misuse of any User Information submitted by Users or any other person, including any information accessed by a hacker or by any other malicious act. VI. DISCLAIMERS; LIMITATIONS OF LIABILITY.

A. Release from Claims. User releases DTL from claims, demands, and damages of every kind and nature arising out of or in any way connected with information provided at this Web Site.

B. Disclaimer of Warranties. DTL provides this Web Site "AS IS." DTL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY USER IDENTITY OR CONTENT. DTL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. DTL SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE, AND (v) WARRANTIES OTHERWISE RELATING TO DATA, INFORMATION, PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DTL OR ANY THIRD PARTY. FURTHER, DTL DOES NOT WARRANT THAT THE WEBSITE OR THE TECHNOLOGY OR INTELLECTUAL PROPERTY DESCRIBED IN THE WEB SITE WILL MEET USERS NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY.

C. Limitation of Remedy. NEITHER DTL NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE WEB SITE OR ANY CONTENT, WHETHER ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.

D. Exclusion of Consequential Damages. IN NO EVENT SHALL DTL OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE OR ANY OTHER CONTENT, EVEN IF DTL OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

VII. INDEMNIFICATION.

Users agree to defend, indemnify and hold harmless DTL and its subsidiaries, affiliates, officers, agents, partners and employees from all liabilities or claims of any third party arising out of Users violation of this Agreement.

VIII. LINKED CONTENT.

The Web Site may contain links to third party web sites or other services (the "Linked Content"). The Linked Content is not under the control of DTL and DTL therefore is not responsible for the Linked Content. DTL provides Linked Content to Users only as a convenience and the inclusion of such Linked Content is not an endorsement by DTL. If Users decide to access any Linked Content, Users do so at their own risk.

IX. TERMINATION.

DTL reserves the right to terminate Users access to all or a portion of the Web Site without notice.

X. E-MAIL COMMUNICATIONS.

DTL will generally use email to communicate with User. By using the Web Site, Users agree to receive communications from DTL and its agents.

XI. MISCELLANEOUS.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of this Agreement shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in this Agreement were selected for convenience and shall not affect the meaning or interpretation of this Agreement. This Agreement shall be governed by the substantive law of the State of Florida, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement shall be submitted to mediation and then to the federal courts having jurisdiction in Hillsborough County, Florida, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. Users may not assign or otherwise transfer (by operation of law or otherwise) any of Users rights or duties hereunder unless DTL agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. DTL may assign or otherwise transfer any of its rights or the performance of any of its duties. The waiver by DTL of a breach or a violation of any provision of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of this Agreement.

Any rights not expressly granted herein are reserved by DTL.