Agsurf
"Website" Terms of Use statement
Table
of Contents:
General Use Restrictions | Third Party Interaction and
Links to Third Party Sites | Disclaimer of Warranties
| Inaccuracies or Errors | Local Laws; Export Control
| Trademarks | Terms of Use Revisions | Applicable Law
| Unauthorized Activities
Privacy Statement
Welcome.
Agsurf offers this site to you subject to the following
terms and conditions ("Terms"). Your use of
this site shall be your agreement to abide by each of
the terms set forth below. If you do not agree with any
of these terms, please do not use this site. If you have
any questions about these terms, please contact
us.
General
Use Restrictions
Agsurf
or third parties granting rights to Agsurf hold all right,
title, and interest in and to the materials on this Site,
which are the copyrighted work of Agsurf or such third
parties. Agsurf grants you a limited, personal, non-exclusive
and non-transferable license to use and display the materials
only on your personal computer only for purposes associated
with your interaction with this Agsurf website. Except
as stated herein, you have no right to copy, download,
display, perform, reproduce, distribute, modify, edit,
alter or enhance any of the materials in any manner. This
limited license terminates automatically, without notice
to you, if you breach any of these Terms. Upon termination,
you must immediately destroy any downloaded and printed
materials. You have no right, title or interest (and no
copyright, trademark or other intellectual property right)
in or to the Site or any materials and you agree not to
"frame" or "mirror" the Site, any
material contained on or accessible from this Site on
any other server or Internet-based device without the
advanced written authorization of Agsurf.
Agsurf
does not routinely monitor your postings to the Site but
reserves the right so to do. However, in our efforts to
promote good citizenship within the Internet community,
if Agsurf becomes aware of inappropriate use of the Site
or any of its Services, Agsurf will respond in any way
that, in its sole discretion, Agsurf deems appropriate.
You acknowledge that Agsurf will have the right to report
to law enforcement authorities any actions that may be
considered illegal, as well as any reports it receives
of such conduct. When requested, will cooperate fully
with law enforcement agencies in any investigation of
alleged illegal activity on the Internet.
Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may enter into correspondence
with, purchase goods and/or services from, or participate
in promotions of advertisers or members or sponsors of
the Site. Unless otherwise stated, any such correspondence,
advertisement, purchase or promotion, including the delivery
of and the payment for goods and/or services, and any
other term, condition, warranty or representation associated
with such correspondence, purchase or promotion, is solely
between you and the applicable third party. You agree
that Agsurf has no liability, obligation or responsibility
for any such correspondence, purchase or promotion between
you and any such third party.
This
Site may be linked to other sites on the World Wide Web
that are not under the control of or maintained by Agsurf.
Such links do not constitute an endorsement by Agsurf
of any such sites. You acknowledge that Agsurf is providing
these links to you only as a convenience, and you agree
that Agsurf is not responsible for the content or links
displayed on such sites to which you may be linked.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may
include inaccuracies or errors that may affect the quality
of the materials on the Site. The materials have not been
independently verified or authenticated in whole or in
part by Agsurf. Agsurf does not warrant the accuracy or
timeliness of the materials. Agsurf has no liability for
any errors or omissions in the materials, whether provided
by Agsurf or third parties.
THIS
SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS"
BASIS, WITHOUT ANY WARRANTY. AGSURF, FOR ITSELF AND ANY
THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT
TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES
IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS
OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED
ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, ARE HEREBY DISCLAIMED. AGSURF WILL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED
WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE
OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF
AGSURF HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Exception
for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION,
AGSURF DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies
or Errors
The
descriptions, pictures and other representations of products
on this site may contain inaccuracies and errors. Agsurf
does not make any warranty or representation with respect
to the accuracy or completeness of any such information.
Furthermore,
the prices and availability of products on this site may
change without notice to you at any time in Agsurf's sole
discretion.
Agsurf
shall have the right to refuse or cancel any orders placed
for product listed at incorrect price. Agsurf shall have
the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card
charged. If your credit card has already been charged
for the purchase and your order is canceled, Agsurf shall
promptly issue a credit to your credit card account in
the amount of the charge.
Local Laws; Export Control
Agsurf controls and operates this Site from its headquarters
in the United States of America and makes no representation
that the materials are appropriate or will be available
for use in other locations. Unless otherwise explicitly
stated, all marketing or promotional materials found on
this Site are solely directed to individuals, companies
or other entities located in the United States. If you
use this Site from outside the United States of America,
you are entirely responsible for compliance with applicable
local laws, including but not limited to the export and
import regulations.
The
materials on this Site are subject to the United States
Export Administration Laws and Regulations. Diversion
of such materials contrary to United States law is prohibited.
Neither the materials, nor any information acquired through
the use of the Site, may be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals, nor may it
be used for nuclear activities, chemical biological weapons,
or missile projects, unless specifically authorized by
the United States Government for such purposes. You shall
comply strictly with all United States export laws and
assume sole responsibility for obtaining licenses to export
or re-export as may be required.
Trademarks
Agsurf (TM), Chlormet(TM), Ciramet(TM), Metcel(TM), Sulfomet(TM),
T-Square(TM) are trademarks of Agsurf Corporation.
Terms of Use Revisions
Agsurf may revise these Terms at any time without notice
by updating this posting. Your continued use of the Site
after such modifications have been made will constitute
your acceptance of such revised Terms.
Applicable
Law
Any action related to these Terms will be governed by
the law of the State of Delaware, without regard to the
choice or conflicts of law provisions of any jurisdiction.
You agree to submit to the jurisdiction of the courts
located in the State of Delaware, for the resolution of
all disputes arising from or related to these Terms and/or
your use of the Site.
Unauthorized Activities
Submissions
and unauthorized use of any materials contained on this
Site may violate copyright laws, trademark laws, the laws
of privacy and publicity, certain communications statutes
and regulations and other applicable laws and regulations.
You alone are responsible for your actions or the actions
of any person using your user name and/or password. As
such, you shall indemnify and hold Agsurf and its officers,
directors, employees, affiliates, agents, licensors, and
business partners harmless from and against any and all
costs, damages, liabilities, and expenses (including attorneys'
fees) incurred in relation to, arising from, or for the
purpose of avoiding, any claim or demand from a third
party that your use of the Site or the use of the Site
by any person using your user name and/or password (including
without limitation your participation in the posting areas
or your Submissions) violates any applicable law or regulation,
or the rights of any third party.
Agsurf "Website" PRIVACY statement
Also see Agsurf Privacy
Policy
Privacy
Statement
Agsurf
commits to comply with the Agsurf Global Information Privacy
Policy, this privacy statement and applicable law to protect
your personal information collected at this website. We
encourage you to carefully read this privacy statement
The Information We Collect
Agsurf may collect the following types of information
from you at this website:
Transaction Information
If you enter into a transaction (i.e. a purchase) at this
website, you will be required to provide information that
is needed to complete the transaction, including your
name, shipping address, product selection, and your payment
information. We do not keep any credit card or other payment
information longer than is necessary in order to comply
with legal, tax, and auditing requirements.
Non - Personal Information collected from Cookies and
Action Tags
Agsurf collects non-personal and aggregate information
when you visit our website. We use this type of information
to identify the web pages you visit at our website. We
can then develop statistics that help us understand how
our visitors use our website.
Agsurf
uses both cookies and action tags to collect non-personal
and aggregate information. Browser cookies are bits of
text placed on your computer’s hard drive when you
visit certain web sites. The cookies enable us to know
aspects of your visit to our site such as whether you
are a new or recurring visitor on the website your previous
choices or preferences and when you returned to our website.
Some websites will allow you to visit without accepting
cookies, but some features of our websites may not work
properly if you choose to reject cookies. Your web browser
settings dictate the amount of information transmitted.
Agsurf
uses third party contractors to help us manage our online
advertising, serve our advertisements on agreed upon ‘publisher’
websites and measure user behavior. These contractors
use both cookies and action tags to collect information
from you, as permitted by applicable law. In addition,
action tags (also known as web beacons, clear GIFs, &
web tags) are placed upon designated pages of our website
and publisher websites and are invisible to the user.
The action tag allows our contractors to collect information
such as IP address, the date/time the designated page
was viewed, zip code, the URL of the website you are visiting
when our ad is served to you and whether you view or click
on the advertisement. Some of this information is shared
with Agsurf and Agsurf may share information on user behavior
with our contractors. None of the information collected
or shared is personally identifiable.
How Information is Used and Shared
Agsurf may use any of the information gathered at this
website in order to provide you with answers to your questions,
to analyze your visit on this website, for direct marketing
and e mail marketing purposes, to fulfill requests for
goods and services, and to improve the ways we provide
you with information about our company. Your information
may also be combined with information you have provided
to Agsurf through other sources such as product registrations,
inquiries, or marketing events to give us a better understanding
of your existing and future needs for our goods and services.
In
the course of any of these activities, we may transmit
the information we have collected to another country or
share it with Agsurf affiliates or third parties including
contractors, dealers, distributors and retailers. An example
of a third party that could receive your personal information
is a data processing contractor that operates computer
systems on our behalf, such as Computer Sciences Corporation.
Whenever personal information is transferred to an affiliate
or third party, that party will be contractually bound
to abide by our privacy statement and policy.
Agsurf
may disclose and transfer your personal information during
a merger or during the divestiture of company assets.
However, we will require the acquiring organization to
agree to protect the privacy of your personal information
consistent with this privacy statement and policy.
Direct Marketing
Agsurf
will obtain your opt in or opt out consent as required
by applicable law or Agsurf policy for direct marketing
and e-mail marketing.
Links to Other Sites
For
your convenience, this page may contain certain hyperlinks
to other websites. While the Agsurf website is subject
to this privacy statement, we can make no promises or
guarantees regarding data collection on the hyperlinked
pages and sites that are not owned by Agsurf. We therefore
recommend that you read the privacy statement for each
third party site you visit.
Children's Information
Agsurf
is committed to protecting the privacy needs of children
and we encourage parents and guardians to take an active
role in their children’s online activities. Agsurf
does not target its websites to children less than 13
years of age or knowingly collect information from children
for the purpose of selling products or services.
Information Security
Agsurf
uses commercially reasonable methods consistent with industry
practice to prevent unauthorized access or disclosure,
to maintain data accuracy, and to ensure appropriate use
of your personal information.
Access to Information
You
may request access to the information Agsurf has gathered
about you at this website by contacting
us.
People
from almost anywhere in the world can access our websites.
We comply with the law of the country where our websites
are located or directed. You should be aware, however,
that when you submit your Personal Information to the
Agsurf website: (a) that information may go to a country
that has different privacy laws than your home country
and (b) it will be handled in accordance with the laws
of the country where the site is located, but not necessarily
with the law of your country.
Opt Out
If
you do not want us to use your personal information as
described in this statement, please contact
us.
Contact Us
If you have any questions, comments, suggestions on how
we can make this website more useful, please contact
us.
10/31/2008
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