Legal Notices & Terms of Use

 

Agsurf™ "Website" Terms of Use statement

Table of Contents:

  1. General Use Restrictions 
  2. Third Party Interaction and Links to Third Party Sites
  3. Disclaimer of Warranties 
  4. Inaccuracies or Errors 
  5. Local Laws; Export Control 
  6. Trademarks
  7. Terms of Use Revisions 
  8. Applicable Law 
  9. Unauthorized Activities
  10. 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