Terms of Use

These Terms of Use (“Agreement”) of Clemson University and its Cooperative Extension Service (CUCES) governs CUCES offering of its services to the public in support of Clemson University’s mission and to contribute to increased knowledge and to the economic future of the state, nation, and world. CUCES offers various software as a service, calculators, applications, computer processing services, results, and reports (“Site”) for use only by individuals from inside the United States.

ACKNOWLEDGEMENT. By using the Site or submitting any information to CUCES, you acknowledge that (a) you consent to our use and sharing of information collected or submitted as described in this Agreement, (b) you expressly consent to the terms of this Agreement and the information handling practices described herein, (c) you agree to abide by all applicable laws.

INFORMATION TYPES COLLECTED. CUCES may collect both personally identifiable information (“PII”) and non-personally identifiable information (“Non-PII”) regarding your use of this Site and the services offered. PII includes information such as your name, address, phone number, email address, and similar information. Non-PII is non-personally identifiable information, and may include, for example, your IP address, browser type, domain names, access dates and similar information including that which is described herein. (PII and Non-PII will be collectively referred to as “Information”). PII includes Personal Information as defined by SC Code § 30-2-30.

We also may collect information you provide including information as inputs into the calculators that are part of the services. We may also collect information from your browser when you use the Site. Information may be collected by you providing the information or through automated methods that may include, for example, your internet protocol (IP) address, cookies, a device or user information identification, browser type, system type, the content, and pages that you access on the Site, and the referring uniform resource locator (URL) (i.e., the page from which you navigated to the Site). Websites visited before visiting the Site might place Information within the URL of your browser during a visit to that previous website. We may collect that information as part of referring URL information. We may also use cookies on the Site to recognize you and to store references to you and session validators on your device. We may use passively collected information to administer, operate, and improve the Site and our other services and systems, and to provide services and content that are tailored to you. We may combine non-PII with PII.

If we directly combine any non-PII with PII, we treat the combined information as PII under this Privacy Policy. Otherwise, we use information collected by passive means in aggregated or other non-personally identifiable forms.

USE AND SHARING OF INFORMATION. Pursuant to applicable law and subject to this Agreement, we may use the Information you provide to us as necessary to accomplish, or in support of, any of Clemson University’s legitimate public purposes, including research, education and service. Uses of your Information include but are not limited to (a) providing you with materials, results and reports, (b) personalizing our contact with you, (c) to operate, provide, improve, and maintain the Site, (d) to develop new products and services, (e) to prevent abusive and fraudulent use of the Site, (f) send you administrative messages, content, and other services and features in which we believe you may be interested, (g) release PII that us properly releasable under the S.C. Freedom of Information Act (SC Code § 30-4-10 et seq.) (h) to provide additional services through the Site, and (i) to communicate with you.

CUCES may use and share non-PII to assist CUCES in its operations and providing the Site, modification of the Site, offering additional services and may share non-PII with third parties. CUCES may disclose Information if, in good faith, it is believed that doing so is required by a subpoena or other judicial or administrative order or otherwise required by law. Additionally, we may disclose Information if, in good faith, we deem it appropriate or necessary to prevent violation of this Agreement; take precautions against liability; protect CUCES rights, property, or safety, or of any individual, or the general public; maintain and protect the security and integrity of CUCES the Site and infrastructure; protect CUCES from fraudulent, abusive, or unlawful uses; investigate and defend CUCES against third-party claims or allegations; or assist government enforcement agencies. We will not, without your consent, share PII, except as required or allowed by law. We do not sell your PII to third parties. We may use PII in the aggregate as long as there is no personal identifying information included in the aggregate.

CUCES may share your Information with contractors and entities affiliated with the university for the uses described above.

LOCATION OF YOUR DATA. The Information and data we process may be transferred to, stored, and processed in, the United States or any other country in which CUCES, its affiliates, subsidiaries, or service providers maintain operations.

COOKIES; AND SIMILAR TECHNOLOGIES. We may use cookies and similar technologies, including mobile app identifiers, to help us recognize you across different services, products, learn about your interests both on and off our services, improve your experience, increase security, offer products, measure use and effectiveness of the Site. Most browsers provide you with the ability to control (e.g., block, delete, or disable) these technologies. If you choose to reject cookies or similar technologies, some services may not be available, or some functionality may be limited or unavailable. Please review your browser manufacturer's help pages for assistance with changing your settings. By visiting this Site, you consent to the placement of cookies and beacons in your browser and HTML based emails in accordance with Agreement.

DISCLAIMER OF WARRANTIES. By agreeing to grant you access, CUCES does not obligate itself to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that CUCES may, in its sole discretion and without any prior notice, close this Site or any portion and delete any files that may be maintained at this Site and any information which you may choose to provide.

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY SERVICE, REPORT OR RESULT. THE CUCES MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY SERVICES. CUCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE SITE, ANY SERVICE PROVIDED, ANY REPORT OR RESULTS OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).

CUCES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE, ANY SERVICE, REPORT OR RESULTS OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE SITE OR THE SERVICE OFFERED THEREUNDER.

CUCES DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY SERVICES, RESULTS OR REPORTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE, RESULTS AND REPORTS WILL BE CORRECTED. CUCES COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE OR ANY SERVICE, REPORT OR RESULTS OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE, ANY SERVICE, RESULTS AND REPORT AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND ANY SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE, ANY SERVICES, REPORT OR RESULTS IS AT YOUR SOLE RISK.

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CUCES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICE, RESULTS OR REPORT OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICE, REPORT AND RESULTS AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTELLECTUAL PROPERTY RIGHTS. The contents of the Site, including its operations, inputs, outputs, “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site belong to CUCES or are licensed to CUCES or its software or content suppliers. CUCES grants you the right to view and use the Site subject to these terms. You may download or print a copy of information, including reports and results, for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Site or generated by the Site in whole or in part for any other purpose is expressly prohibited without the prior written consent of CUCES. You agree not to use, nor permit any third party to use, the Site in a manner that violates any applicable law, regulation or this Agreement.

ENFORCEMENT AND VENUE. If any part of these Agreement is determined to be invalid or unenforceable, it will not impact any other provision of these Agreement, all of which will remain in full force and effect. This Agreement is governed by, and will be interpreted in accordance with, the laws of the State of South Carolina, without regard to any conflict of laws provisions. Although you acknowledge that we may enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Pickens County, South Carolina, U.S.A., regarding all disputes relating to these Agreement and the subject matter herein. You hereby waive any right to, and covenant not to assert or plead, any objection which you might otherwise have to such jurisdiction, venue or process.