1. Your Acceptance

Welcome to the Qortex Agronomy Decision Engine web application of QualiTech, Inc. (referred to in this Terms of Use as “QualiTech”, “We”, or “Our”). These Terms of Use (“TOU”) apply to Your visits to the Qortex web application and Your access to any associated content including email feeds, feeds through apps, or Content (as defined below) provided by QualiTech (collectively the “Service”), but do not include other websites which are linked to/from the Service.

By using and/or visiting the Service, the person or entity using the Service (“You”) signify (a) that You have read and understood these TOU (which include the Qortex Web Application Privacy Policy); and (b) that these TOU have the same force and effect as a signed agreement. The Service is provided by QualiTech, Inc., a company registered in Minnesota, with a principal place of business at 318 Lake Hazeltine Drive, Chaska, MN 55318 USA.

If You are accepting this agreement on behalf of Your employer, You affirm that You have the authority to accept this agreement on its behalf. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these TOU, and to abide by and comply with these TOU. In addition, You affirm that You have not been previously suspended or removed from the Service.

ATTENTION: PLEASE READ THESE TOU AND OUR PRIVACY, CAREFULLY BEFORE USING THE SERVICE. ACCESSING ANY PART OF THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TOU AND RELATED POLICIES IN FULL. IF YOU DO NOT ACCEPT THE TOU AND RELATED POLICIES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE SERVICE AND LEAVE THE SERVICE IMMEDIATELY.

We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT QUALITECH SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these TOU.

BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TOU. We may change these TOU at any time. Please review the TOU each time You visit the Service. If we have Your email address, we will notify You of material changes to the TOU via email. If we do not have Your email address, we will update this page to reflect any changes to the TOU.

These TOU include a disclaimer of warranties, a disclaimer of liability, a class action waiver, as well as a release and indemnification by You, in Sections 1, 3, 4, 9-13, and 17. Please review those sections (and all other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information QualiTech collects when You and others use the Service. It also describes how QualiTech uses and shares any personal information You share with it. The Privacy Policy is part of these TOU. By agreeing to these TOU, You are also consenting to our collection, use, and sharing of Your personal information in accordance with our Privacy Policy.

3. Links to and from the Service

The Service may contain links to third-party websites and online services that are not owned or controlled by QualiTech. QualiTech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, QualiTech will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE QUALITECH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE QUALITECH PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with QualiTech in writing, You may link to the Service from Your website, subject to the following: (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s web browser’s “back” function; (3) the link must be identified using a plain text rendering of the QualiTech name and not any QualiTech logo; (4) You may not use any QualiTech logo in any way; (5) You may not use the link in any way that suggests that QualiTech is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive, or malicious, and may not be presented in any way that disparages QualiTech or damages its rights, reputation, or goodwill; and (7) we may terminate Your right to link to the Service at any time for any reason or no reason.

4. User Submissions

You may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications You transmit, upload, or post to the Service (“User Submissions”) on the Service. By submitting any such materials to the Service, You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant QualiTech all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. QUALITECH DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND QUALITECH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.

If You submit any User Submissions to the Service, You hereby grant a non-exclusive, royalty-free, worldwide, transferable, perpetual right and license to QualiTech, its affiliates, and its successors and assigns to use, reproduce, distribute, display, transmit, publish, modify, edit, and/or create derivative works from the User Submissions in any format, including, without limitation, coding or watermarking such User Submissions, provided in any medium, forum, or format, for any purpose of QualiTech or its affiliates in their sole discretion.

You also agree that immediately upon the creation by or on behalf of QualiTech, its affiliates, successors, or assigns, of any derivative works from, modifications, edits, or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of QualiTech and that we will own the entire right, title, and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by QualiTech in its sole discretion. You hereby grant, assign, transfer, and convey any and all right, title, or interest You have or may be deemed to have in and to the Modified Content to QualiTech.

QualiTech welcomes Your comments and suggestions. However, except for any personal information we may collect from You pursuant to our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, QualiTech (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

QualiTech will not necessarily monitor User Submissions. However, QualiTech reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. QualiTech also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Use.

You understand that when using the Service, You may be exposed to User Submissions from a variety of sources, and that QualiTech is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE QUALITECH PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THE QUALITECH PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE.

5. Users Who Violate Terms of Use

QualiTech may, at its sole discretion, disable access or partially disable access to the Service for any users who violate these TOU, including, but not limited to, the accounts of (1) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly, (2) users who provide false or inaccurate information; (3) users who breach these TOU including any warranties; and (5) users who misuse or challenge QualiTech’s rights in the Content.

6. Restrictions on Use of Service

In Your use of the Service, You will not:

• use the Service for any purpose other than for using the features we intentionally make available to You;
• upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
• post any information that QualiTech, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers, or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
• upload, download, post, email, or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
• copy, download, or distribute any part of the Service in any form or medium without the prior written authorization of QualiTech;
• alter, modify, or make derivative works from any part of the Service without the prior written authorization of QualiTech;
• reverse engineer algorithms or crop models contained within, created using, or accessible from the Service;
• resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these TOU, the Service or any Content, in whole or in part;
• modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Service;
• provide false personal information or personal information belonging to anyone other than Yourself without permission;
• use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
• use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
• impersonate or misrepresent any person or entity or Your affiliation with someone else;
• remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the Service; or
• post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.

QualiTech will fully cooperate with any law enforcement authorities or court order requesting or directing QualiTech to disclose the identity of anyone violating these TOU.

QualiTech believes in children’s online safety and does not wish to receive information regarding children under 18 years old. Therefore, You may not submit any personally-identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service. If You are under 18 years of age, then please do not attempt to submit any information to or use the Service.

7. Intellectual Property

Everything You see, hear, or otherwise experience on the Service, including, but not limited to, the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to QualiTech, subject to copyright and other intellectual property rights under United States and international laws and conventions. QualiTech owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws.QUALITECH, QORTEX, the QualiTech logo, and the Qortex logo are trademarks of QualiTech. All third-party trademarks referenced on the Service remain the property of their respective owners.

For Your personal use and for the intended business use of QualiTech’s customer, You may view, copy, and print pages from the Service. Otherwise, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. QualiTech reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into or stream or transmit the Content via any hardware or software application, or make it available via frames or in-line links, unless expressly permitted by QualiTech in writing. You may not create, recreate, advertise, or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal or for the intended business use of QualiTech’s customer, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.

You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party all or any part of the rights granted to You under these TOU, the Service, or any content or materials accessible through the Service, in whole or part.

8. Advertisement Release

QualiTech takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that QUALITECH is not liable for any loss or claim that You may have against an Advertiser.

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE QUALITECH PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING, WITHOUT LIMITATION, THE STATES OF MISSOURI, DELAWARE, AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

9. Warranties

You warrant and represent to QualiTech as set out below:

1. The information You provide in any registration screen, profile, email, telephone call, or through other means, including all personal details, contact details, and all other data provided, is true in all respects, up-to-date, and not misleading.
2. You will keep the information referred to in paragraph (a) up to date.
3. You will not access the Service under false identity or pretext and will not use it to falsify Your or any other person's identity.
4. You will use the Service lawfully and in good faith.
5. If you are entering the personal information of another person into the Service, you have obtained their consent to do so and to the Qortex privacy policy.
6. You have supplied the following information to Your customers, and obtained their agreement to the disclaimers and limitations of liabilities contained therein on behalf of QualiTech as a third-party beneficiary of the agreement You have executed with Your customer to make use of the Service:

Disclaimers: The Service may contain calculations and recommendations related to agronomy. These calculations and recommendations are provided for informational purposes only, and are not meant to be a substitute for the advice provided by a licensed PCA or other relevant professional, who will need to certify the accuracy of any Irrigation and Nitrogen Management Plan (INMP) reports created through the Service. The calculations and recommendations provided through the Service do not constitute an INMP. All information is given in the best of QualiTech’s knowledge and is believed to be accurate. We may also include certain information, reference guides, and databases intended for use by licensed professionals. These tools are not intended to give professional agronomic advice. Licensed professionals should always exercise their own judgment for any given situation. Before use, consult packaging and labeling of listed products for information regarding the products’ characteristics, uses, safety, efficacy, hazards and health effects. Reference to non-QualiTech products or trade names are provided for information purposes and does not imply endorsement or responsibility by QualiTech. Actual results may vary based on a number of factors, including but not limited to weather, soil conditions, application methods, local management practices, the accuracy of product label information, etc. User is responsible for determining whether these recommendations are fit for a particular purpose and suitable for user’s method of use or application and assumes the risk of use thereof. The conditions of use and application of the suggested products and recommendations are beyond QualiTech’s control, and QUALITECH SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATING TO THE USE OF THE SUGGESTED PRODUCTS AND RECOMMENDATIONS AND SHALL UNDER NO CIRCUMSTANCES WHATSOEVER, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY ARISE FROM THE USE OR MISUSE OF SUCH PRODUCTS AND RECOMMENDATIONS.User Responsibility for Losses: THE USER ACCEPTS ALL RISKS AND RESPONSIBILITY FOR LOSSES, DAMAGES, COSTS AND OTHER CONSEQUENCES RESULTING DIRECTLY OR INDIRECTLY FROM USING THESE CALCULATIONS, INCLUDING FOR ANY DAMAGES CAUSED BY RELIANCE ON THE CALCULATIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALITECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE CALCULATIONS OR FROM THE USE OF ANY DATA OBTAINED FROM THE CALCULATIONS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND PUNITIVE DAMAGES.

10. Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. QUALITECH HAS ATTEMPTED TO MAKE THE SERVICE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE QUALITECH PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE QUALITECH PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TOU, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE QUALITECH PARTIES, RELATING TO THE SERVICE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE QUALITECH PARTIES, AND ANY AGREEMENT WITH A THIRD PARTY.

WITHOUT LIMITING THE FOREGOING, THE QUALITECH PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICE OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT; THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY, OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR AGREEMENTS YOU ENTER WITH THIRD PARTIES, SUCH AS ADVERTISERS, WILL MEET YOUR EXPECTATIONS; THAT THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS, OR DATA NOT PROVIDED BY QUALITECH; OR THAT SERVICE ERRORS WILL BE CORRECTED. THE QUALITECH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

11. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE QUALITECH PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE QUALITECH PARTIES AS A RESULT OF ANY CLAIM, DEMAND, OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE QUALITECH PARTIES IN CONNECTION WITH (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (2) YOUR BREACH OF ANY OF THESE TOU; (3) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (6) ANY ACTIVITY USING YOUR EMAIL ADDRESS BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR EMAIL ADDRESS.

IF THE QUALITECH PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TOU, THE QUALITECH PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO QUALITECH.

12. Limitations on Liability

IN NO EVENT SHALL THE QUALITECH PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TOU OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL, OR BUSINESS, EVEN IF THE QUALITECH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE QUALITECH PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM QUALITECH’S NEGLIGENCE; (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (4) UNAUTHORIZED ACCESS TO OR USE OF THE QUALITECH PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE SERVICE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (8) USER SUBMISSIONS, CONTENT, OR THIRD-PARTY WEBSITES OR APPS; (9) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION; (10) ERRORS OR OMISSIONS IN ANY CONTENT; OR (11) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE QUALITECH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE QUALITECH PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY, OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TOU INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.

THE QUALITECH PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE SERVICE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, OR NEGLIGENCE, WILL BE LIMITED TO $50 USD.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by QualiTech from its facilities in the United States of America. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

13. Effect of Termination, Cancellation, or Expiration

Upon termination or cancellation of the TOU or the Service, You shall immediately discontinue all access to and use of the Service. QUALITECH SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF REPORTS OR DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TOU OR THE SERVICE.

14. Equitable Relief

If You violate these TOU, we may seek injunctive relief or other equitable relief.

15. Subpoena Fees

If QualiTech has to provide information in response to a subpoena related to Your use of the Service, then we may charge You for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.

16. Assignment

These TOU, and any rights and licenses granted hereunder, may be transferred or assigned by You only with QualiTech’s prior written consent, but may be assigned by QualiTech without restriction and without notice to You.

17. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

18. General

These TOU constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these TOU is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these TOU, so that these TOU shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these TOU by a representation other than those expressly set out in these TOU. QualiTech and You do not intend to confer, and these TOU will not be construed as conferring, any right, remedy, obligation, or liability of any kind on any person other than QualiTech, You, and each party’s successors and assigns. No modification, alteration, or waiver of any of the provisions of these TOU will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these TOU shall be deemed a further or continuing waiver of such term or any other term, and QualiTech’s failure to assert any right or provision under these TOU shall not constitute a waiver of such right or provision. You agree that the Service shall be deemed solely based in Minnesota, United States of America and the Service shall be deemed a passive Service that does not give rise to personal jurisdiction over QualiTech in jurisdictions other than Minnesota. These TOU are governed by United States and Minnesota law, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Carver County, Minnesota, in relation to any dispute between them arising out of the subject matter of these TOU.

ATTENTION: PLEASE READ THIS QORTEX WEB APPLICATION PRIVACY POLICY (“PRIVACY POLICY”), WHICH IS PART OF THE QORTEX WEB APPLICATION TERMS OF USE, CAREFULLY. THIS PRIVACY POLICY PERTAINS TO OUR CROP ADVISER CUSTOMERS (“YOU”) AND CUSTOMERS OF OUR CROP ADVISER CUSTOMERS (“YOU” OR WHEN POLICY DIFFERS BETWEEN TYPES OF USERS, “END USERS”) ACCESSING, DOWNLOADING, OR USING THE QORTEX AGRONOMY DECISION ENGINE WEB APPLICATION, AND YOUR ACCESSING ANY ASSOCIATED CONTENT, INCLUDING ALL CONTENT AVAILABLE THROUGH THE QORTEX WEB APPLICATION (TOGETHER THE “SERVICE”). ANY TERMS DEFINED IN THE TERMS OF USE SHALL HAVE THE SAME MEANING IN THIS PRIVACY POLICY.

IF YOU HAVE RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT, PLEASE SEE THE CCPA SUPPLEMENT BELOW. IF YOU HAVE RIGHTS AS A RESIDENT OF NEVADA, PLEASE SEE THE YOUR NEVADA PRIVACY RIGHTS SECTION BELOW.

The Service is operated by QualiTech, Inc., 318 Lake Hazeltine Drive, Chaska, MN 55318 USA (“QualiTech” or “We”). This Privacy Policy describes the information collected through Your and End Users’ use of the Service, how We use it, how We share it, how We protect it, and the choices You can make about Your information.

ATTENTION: PLEASE READ OUR PRIVACY POLICY CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. ACCESSING OR USING THE SERVICE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICE. You acknowledge (a) that You have read and understood this Privacy Policy; (b) that this Privacy Policy shall have the same force and effect as a signed agreement; and (c) that by agreeing to this Privacy Policy, You consent to receive notifications regarding security incidents to the email address We have on file for You.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Privacy Policy.

Please review the Privacy Policy each time You use the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE PRIVACY POLICY. If We materially change this Privacy Policy, We will let You know by sending an email notifying You of the changes to the email address We have on file for You and posting an updated Privacy Policy on the Service.

I. Summary

This summary is merely meant to provide an overview of some of the important information contained within this Policy. However, this information is for convenience only and does not have any legal effect. Please review the entire contents of the Policy before proceeding to use the Service. With that said, in this Policy, You will find information related to:

• The information We collect from both our crop adviser customers and their customers.
• How We use the information We collect.
• The third parties with which We share the information We collect.
• How We use analytics and other cookie-based and tracking technologies.
• Information about how our crop adviser customers, with whom We have a direct relationship, can manage their information and contact us.
• For Nevada residents, information about Your rights under Nevada law.
• For California residents, information about Your rights under the California Consumer Privacy Act.

II. Information We Collect

We collect information from You when You use the Service, contact or interact with us, and voluntarily provide us with Your and Your End Users’ comments and other content in connection with using the Service.

• When You sign up for an account or sign in to Your account, We collect Your email address and password.
• When You input or edit Your personal information, We may collect Your first and last name.
• When You create a block on behalf of End Users, We may collect End Users’ location, grower name, ranch, and block name.
• When You create a program on behalf of End Users, We may collect End Users’ program name, crop, crop’s age, year, block data ((including information related to goals, such as expected yield, strategic goal, and budget, fertilizer type, and exclude list), soil analysis data (including information related to date sampled, soil nutrition, physical and chemical properties, base saturation, and salts), and water analysis data (including information related to irrigation amount, salinity, cations, and anions)), information related to products and timing (including information related to soil and foliar programs and dry fertilizers and soil amendments), and information related to pricing.
• We may collect information about End Users from our crop adviser customers.

We automatically collect information regarding each user of our Service, including Your IP address, the domain name of Your Internet service provider, the Service features You use and the time of Your use, Your device information (e.g., device model and operating system version), and aggregated information that cannot be used to specifically identify You when You use the Service. Additional information collected is described in the Analytics and Cookies sections below.

We may combine all of the information We collect from You and use it in the manner described in this Privacy Policy.

III. How We Use Information

We use the information that We collect for several purposes, including:

• The purposes for which it was provided;
• To provide information and respond to requests for goods and services;
• To process and respond to inquiries and comments;
• To display relevant advertising;
• To administer, operate, and improve the Service;
• To personalize and enhance Your experience using the Service;
• To send periodic emails. If email recipients choose, the email address they provide may be used to send them occasional news, updates, related product or service information, etc. Note: If at any time email recipients would like to unsubscribe from receiving future commercial emails, We include unsubscribe instructions at the bottom of each email;
• To generate and review reports and data about our user base and Service usage patterns;
• To analyze the accuracy, effectiveness, usability, or popularity of the Service;
• To compile aggregate data for internal and external business purposes;
• To prevent fraud and abuse of the Service and to otherwise protect You and our business;
• To assist law enforcement and respond to subpoenas; and
• To perform other business activities as needed, or as described elsewhere in this Privacy Policy.
• As explained elsewhere in this Privacy Policy, personal information We collect may be processed by our partners in providing services related to the Service (such as administration services, technical services relating to the maintenance, servicing, and upgrading of software, hosting services, customer service, data migration services, and analytical services, among others).

IV. How Information is Disclosed

Information may be disclosed to third parties in accordance with our Privacy Policy. Please note that You may choose not to share certain information as described in the Analytics section below.

A. Third-Party Service Providers and Business Partners. We may use third-party service providers and business partners to perform functions in connection with the Service, such as marketing, site analytics, relationship management, functions related to analyzing and improving the Service usefulness, reliability, user experience, and operation, storing data, and as otherwise described in this Privacy Policy. We also may share personal information with these providers and partners for their direct marketing and promotional purposes and so they can provide services to You.

• Esri. We use Esri to provide web mapping services.
• Google Tag Manager. We use Google Tag Manager to deploy marketing tags. Google Tag Manager may collect information related to tag firing, information contained in standard HTTP requests logs, and information related to online identifiers, such as cookie identifiers and IP addresses. For more information, please visit Google’s privacy policy at: https://policies.google.com/privacy?hl=en-US.

B. Crop Adviser Customers. We may share information about End Users with our crop adviser customers.

C. Super Administrators. Select QualiTech employees can view and edit personal information in their capacity as Super Administrators to help You and End Users operate the Service, set up grower accounts, set up management blocks, and enter laboratory data on End Users’ behalf.

D. Governmental Agencies. We may share End Users’ information with governmental agencies at the End Users’ discretion and with specific approval. We will not share an End User’s information with governmental agencies unless the End User consents to the sharing, or We are otherwise required to disclose the information in compliance with our legal obligations.

E. Business Changes. If We become involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, We may transfer Your information to a third party or parties in connection therewith.

F. Affiliates. We may also share Your information with our affiliates for purposes consistent with this Privacy Policy. Our affiliates will be required to maintain that information in accordance with this Privacy Policy.

G. Investigations and Law. We may disclose information about You to third parties if We believe that such disclosure is necessary to:

• Comply with the law or guidance or cooperate with government or law enforcement officials or private parties;
• Investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, the rights, reputation, safety, and property of us, users, or others, or violations of our policies or other agreements with us;
• Respond to claims and legal process (for example, subpoenas); and/or
• Protect against legal liability.

H. Aggregated Information. We may share aggregated information relating to users of the Service with affiliated or unaffiliated third parties. This aggregated information does not contain personal information about any user.

I. Analytics. We use third-party analytics tools to better understand who is using the Service and how people are using it. These tools may use cookies and other technologies to collect information about Your use of the Service and Your preferences and activities. These tools collect information sent by Your device or the Service and other information that assists us in improving the Service. This information may be used to analyze and track data, determine the popularity of certain content, and better understand Your online activity.

We use Google Analytics to better understand who is using the Service and how people are using it. Google Analytics uses cookies to collect and store information, such as Service pages visited, places where users click, time spent on each Service page, Internet Protocol address, type of operating system used, language preference, location-based data, device ID, search traffic, gender, and age. We use this information to improve the Service and as otherwise described in this Privacy Policy. Please see: https://policies.google.com/technologies/partner-sites for information about how Google Analytics uses this information, and visit: https://tools.google.com/dlpage/gaoptout for information about the Google Analytics Opt-out Browser Add-on. Google may track Your activity over time and across websites.

We may deliver advertisements to You. We may also work with third-party advertising companies that help deliver these advertisements to You. To learn more about third-party online advertising and to opt out of certain types of advertising, please see: http://optout.networkadvertising.org/?c=1.

J. Cookies and Other Tracking Technologies. We, along with third parties, use cookies, local storage objects, Web beacons, and other technologies. These technologies are used for tracking, analytics, and personalization and optimization of the Service.

Cookies are small files that are transferred to and stored on Your computer through Your Web browser (if You allow it) that enable the website’s or service provider’s system to recognize Your browser and capture and remember certain information. You can instruct Your browser to stop accepting cookies. But, if You do not accept cookies, You may not be able to use all portions of all functionality of the Service.

• Persistent cookies remain on the visitor’s computer after the browser has been closed.
• Session cookies exist only during a visitor’s online session and disappear from the visitor’s computer when the visitor closes the browser software.

Web beacons are small strings of code that provide a method for delivering a graphic image on a web page or in an email message for the purpose of transferring data. You can disable the ability of web beacons to capture information by blocking cookies.

We use cookies and other tracking technologies on the Service to help us understand and save Your preferences and interests, so We can personalize Your future visits and compile aggregate data about Service traffic and Service interaction to offer better Service experiences and tools in the future.

Some of our business partners, such as our analytics providers and advertising networks, also use cookies and other tracking technologies on our Service, some of which may track users across websites and over time.

V. Security

We implement a variety of security measures to protect the safety of Your personal information when You enter, submit, or access Your personal information.

While We take reasonable measures to protect the information You submit via the Service against loss, theft, and unauthorized use, disclosure, or modification, We cannot guarantee its absolute security. No Internet, email, or mobile application transmission is ever fully secure or error free. Email or other messages sent through the Service may not be secure. You should use caution whenever submitting information through the Service and take special care in deciding with which information You provide us.

We cannot guarantee that transmissions of Your personal information will be fully secure and that third parties will never be able to defeat our security measures or the security measures of our partners. WE ASSUME NO LIABILITY FOR DISCLOSURE OF YOUR INFORMATION DUE TO TRANSMISSION ERRORS, THIRD-PARTY ACCESS, OR CAUSES BEYOND OUR CONTROL.

If you use our Service outside of the United States, You consent to having Your data transferred to the United States.

VI. Data Retention Policy, Managing Your Information

We will retain Your information for as long as You use the Service and for a reasonable time thereafter. We may maintain anonymized or aggregated data, including usage data, for analytics purposes. We may retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and/or for the period required by laws in applicable jurisdictions. Please note that some or all of the information We have collected may be required for the Service to function properly.

VII. Links to Other Services or Applications

This Privacy Policy applies only to the Service. The Service may contain links to other websites or apps or may forward users to other websites or apps that We may not own or operate and to which this Privacy Policy does not apply. The links from the Service do not imply that We endorse or have reviewed these websites or apps. The policies and procedures We describe here do not apply to these websites or apps. We neither can control nor are responsible for the privacy practices or content of these websites or apps. We suggest contacting these websites or app providers directly for information on their privacy policies. Nonetheless, We seek to protect the integrity of our Service and welcome any feedback about these linked websites and mobile applications.

VIII. Your Choices Regarding Your Information

You have choices regarding the use of information by the Service.

• Changing Your Information – To change Your information, You may email us at help@qortex.ag.
• Closing Your Account - You may close Your account by contacting us at help@qortex.ag. If the email account associated with Your email address is not active, We may close Your account without notice.

IX. Children

Our Service is not intended for children under 18 years of age. We do not knowingly collect personal information from an individual under age 18. If You are under the age of 18, please do not submit any personal information through the Service. If You have reason to believe that We may have accidentally received personal information from an individual under age 18, please contact us immediately at help@qortex.ag.

X. Changes to Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this Privacy Policy periodically, and especially before You provide any information. This Privacy Policy was made effective on the date indicated above.

XI. How to Contact Us

Please feel free to contact us by email at help@qortex.ag, or by writing us at QualiTech, Inc., 318 Lake Hazeltine Drive, Chaska, MN 55318 USA, if You have any questions about this Privacy Policy.

XII. Your Nevada Privacy Rights

The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. You may submit a request pursuant to this directive by emailing us at help@qortex.ag. We will provide further information about how We verify the authenticity of the request and Your identity.

Supplement for California Residents - Last Updated March 2020

California residents have the following rights. You will not need to create an account to exercise Your rights. To exercise one of these rights, please provide a verifiable consumer request by calling us at 800.328.5870, or emailing us at help@qortex.ag.

• Request that We delete personal information about You that We may have collected.
• Request that, for personal information that We have collected in the preceding 12 months, We disclose, free of charge (unless Your requests are manifestly unfounded or excessive), the categories of personal information that We have collected about You, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom We share personal information, and the specific pieces of personal information We have collected about You.
• Request that, for personal information that We have sold or disclosed for a business purpose in the preceding 12 months, We disclose, free of charge (unless Your requests are manifestly unfounded or excessive), the categories of personal information that We have collected about You, the categories of personal information that We have sold about You, the categories of third parties to whom each category of personal information was sold, the categories of personal information that We have disclosed about You for a business purpose, and the categories of third parties to whom each category of personal information was disclosed.
• Direct us, at any time, not to sell Your personal information. We may sell Your personal information within the meaning of the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, “sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. The law contains exceptions to this definition which may limit how We respond to your direction. To exercise this right to opt out, You may call us at 800.328.5870 or email us at help@qortex.ag. We do not have actual knowledge that We sell the personal information of minors under 16 years of age.

Before We can fulfill the requests to know and delete noted above, We must verify Your identity. If You have a password-protected account with us, We can verify Your identity through our existing authentication procedures for Your account. However, We will require You to re-authenticate Yourself before We can disclose or delete any of Your information.

You can also authorize another person, called an agent, to exercise Your rights on Your behalf. You must provide the authorized agent written and signed permission to act on Your behalf. We may deny requests to opt out from an authorized agent who does not submit proof that he or she has been authorized to act on Your behalf. Furthermore, We may require You to verify Your identity directly with us. We may also require You to directly confirm with us that You have provided the authorized agent permission to submit a request on Your behalf. An authorized agent can make a request on Your behalf by either calling us at 800.328.5870, or by emailing us at help@qortex.ag.

We may not discriminate against You because You exercised any of Your rights under the CCPA, including, but not limited to, by:

1. Denying goods or services to You.
2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
3. Providing a different level or quality of goods or services to You.
4. Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.

To the extent that anything in this Supplement for California Residents conflicts with the Qortex Web Application Privacy Policy, this Supplement for California Residents shall govern.

For more information about our information collection practices and procedures and for more information about the rights of California residents under the CCPA, please review our privacy policy.

XIII. Information Collected From Other Websites and Mobile Applications and Do Not Track Policy

Your browser or device may offer You a “Do Not Track” option, which allows You to signal to operators of websites, web applications, mobile applications, and services (including behavioral advertising services) that You do not wish such operators to track certain of Your online activities over time and/or across different websites or applications. The Service does not support Do Not Track requests at this time, which means that We or our analytics providers or other third parties with which We are working may collect information about Your online activity both during and after Your use of the Service. If You would like to opt out of online tracking or behavioral advertising, please contact us at help@qortex.ag.

XIV. Shine the Light Notice

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at help@qortex.ag, or by writing us at the address listed at the end of the Qortex Web Application Privacy Policy.