Disclaimer & Terms of Use

Welcome to the website https://www.pursellfertilizer.com/ maintained by Pursell Agri-Tech, LLC (“Pursell”) and its affiliates and subsidiaries. Use of this website, is offered to you upon your acceptance of the Disclaimer, our Privacy Policy and other notices posted on this website. Your use of this website, or of any information, products or services presented in any area of this website, indicates your acknowledgment and acceptance of, and your agreement to follow and be bound by, the Disclaimer, Privacy Policy and other notices posted on this website.

Modification of The Disclaimer
You acknowledge that we have the right, to modify, add or remove any Disclaimers, terms or conditions of the Disclaimer without prior notice or liability to you. Any changes to the Disclaimer shall be effective immediately following the posting of such changes on our website. Because your continued use and access to this site constitutes your acceptance of these changes, we encourage you to visit this website from time to time.

Agreement to Contract Electronically
You agree to contract electronically with Pursell. You agree that this electronic Disclaimer agreement, combined with your act of using the services offered on this website or clicking on “Get in Touch,” “Contact,” or any digital correspondence on https://www.pursellfertilizer.com/ have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Disclaimer on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this agreement

Privacy
We respect your privacy. The information you submit is subject to our Privacy Policy, and you grant Pursell and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your personal information, as provided for in that policy. We encourage you to print and review the Privacy Policy to assist you in making an informed decision regarding the type of information you would like to submit to us. Pursell cannot and does not assume any responsibility or liability for any information you submit or for your or any third party’s use or misuse of information transmitted or received using this website.

Use Restrictions
You may not download, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate this website, its contents, or any portion thereof in any form or by any means (electronic, mechanical, photocopying or otherwise), except with our express written consent. No right, title or interest in any downloaded materials is transferred to you as a result of downloading. Access to, and the right to use, our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

Monitoring
Pursell has no obligation to monitor the services offered in this website or any use thereof or to retain the content of any user session. However, as stated in our Privacy Policy, Pursell reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement and other authorities in investigating a claim of illegal activity. Pursell may use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Disclaimer or to protect our service, website, customers, or others.

Modifications
We may discontinue, add to, modify, upgrade, or replace all aspects of the website in our sole discretion and without notice. In particular, we reserve the right to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the website.

Forum and Blog Terms
Forums and Blogs are provided as a convenience to you, as a user of https://www.pursellfertilizer.com/ and your use of the Forums and Blogs is conditioned on your acceptance of the terms of use as well as any other terms, conditions, guidelines or rules that may be incorporated by reference herein or posted from time to time with respect to any Forum and Blog or the website. Pursell may modify these Forum and Blog Terms at any time and from time to time, with or without notice. Also, when using any particular information or materials, including, without limitation, any text, product information, specifications, images, audio files and other information or materials available through the Forums and Blogs (collectively, the “Materials”), you are subject to any additional terms and conditions posted in connection with such Materials.

  • Use and Restrictions– The Forums and Blogs are provided solely as a convenience to you. You may use the Forums and Blogs only for your personal use to post information, text and other materials relevant to the prescribed topic that you have the right to use, disclose, copy, display and license or sublicense, in accordance with all applicable laws and regulations. Other than for your use of the Forums and Blogs, as expressly permitted in these Forum and Blog Terms, you may not access or attempt to access any systems or servers on which the Forums and Blogs are hosted or modify or alter the Forums and Blogs in any way. You further agree that:
    • you will not submit, display or transmit any Materials via the Forums and Blogs, or the systems or services on which the Forums and Blogs are hosted. You are not in violation of any proprietary rights of, or contractual obligations to, any third party, or in violation of applicable laws, rules and regulations;
    • you will not submit, display or transmit any unauthorized images, photographs, graphics, links, audio files, video files or similar materials;
    • you will not submit, display or transmit any promotions, advertisements, surveys, contests, chain letters, or pyramid schemes;
    • you will not forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Materials transmitted to or via the Forums and Blogs;
    • you will not use the Forums and Blogs to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, whether or not such person or entity is a user, including, without limitation, the rights of privacy or publicity;
    • you will not publish, post, display or disseminate any knowingly untrue, profane, obscene, indecent, unlawful, terrorist, violent or hateful Materials;
    • you will not collect, store, publish, post, sell, transmit or disclose personal data about other users, transmit unsolicited commercial e-mail or private messages to other users, or use the Forums and Blogs to disclose or sell personal data about users;
    • you will not upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files or similar software or programs;
    • you will not restrict or prevent any other user from using the Forums and Blogs; and
    • you will not create or disseminate a negative thread about an individual or individuals.
    • Pursell shall not be responsible, and disclaims all liability in connection with, the use of any information or Materials that you submit, post or display on the Forums and Blogs. You should use caution when posting any information or Materials, including but not limited to, personally identifiable information, to any Forum and Blog.
  • Monitoring– Pursell has no obligation to monitor the Forums and Blogs. However, Pursell reserves the right to review the Materials submitted to or posted on the Forums and Blogs, and remove, delete, redact or otherwise modify such Materials, in its sole discretion and for any reason whatsoever, at any time, without notice or further obligation to you. Pursell has no obligation to display or post any Materials provided by you. Pursell reserves the right to disclose, at any time, any information or Materials that Pursell deems necessary or appropriate to satisfy any applicable law, regulation, contract obligation, legal or dispute process or government request.
  • License– By submitting, uploading or posting Materials to the Forums and Blogs, you are granting Pursell permission to use such Materials on the Forums and Blogs, and in connection with the operation of Pursell’s website and in all media now known or hereafter developed, including without limitation, the worldwide, non-exclusive, irrevocable, royalty-free right to use, copy, distribute, publish, display, transmit, modify, translate and reformat your materials, publish your screen name in connection with your Materials and sublicense such Materials to any of Pursell’s service providers or any third-party. You acknowledge and agree that you are not entitled to receive any compensation for any Materials submitted in connection herewith
  • Indemnification – You agree to indemnify, defend and hold harmless Pursell, and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Forums and Blogs, including, without limitation, in connection with any Materials, submitted, posted or displayed by you on the Forums and Blogs, or any violation by you of these Forum and Blog Terms, any applicable law or any rights of another person or entity.
  • Dispute Resolution– If any controversy, dispute or claim arising out of or related to your use of the Forums and Blogs or any of the Materials arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association, with the arbitration proceeding to be conducted in Birmingham, Alabama. However, Pursell will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Materials or the breach of your confidentiality obligations hereunder.
  • Modifications– Pursell reserves the right, to modify, alter, or update these Forum and Blog Terms at any time, and your continued use of the Forums and Blogs after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates. Pursell may also, directly or indirectly, make improvements and/or changes in the Forums and Blogs or any portion thereof at any time without notice or obligation to you.
  • Miscellaneous– Use of the Forums and Blogs is unauthorized in any jurisdiction that does not give effect to all provisions of these Forum and Blog Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pursell as a result of these Terms, our Privacy Policy or use of the Forums and Blogs. Pursell’s performance of these Forum and Blog Terms is subject to existing laws and legal process, and nothing contained in the websites Disclaimer, these Forum and Blog Terms or our Privacy Policy will detract from Pursell’s right to comply with law enforcement requests or requirements relating to your use of the Forums and Blogs or information provided to or gathered by Pursell with respect to such use.

Disclaimers
Your use of the website is at your sole risk. Neither Pursell nor any of its employees, agents, third-party content providers, or suppliers warrants that the website will be uninterrupted or error-free; nor does Pursell make any warranty as to the results that may be obtained from use of the website or as to the accuracy, reliability, completeness, or content of any information or service provided through the website.

All services, products, merchandise, customization, and materials obtained through the website including all text, graphics, links, animation, java script, and “cookies,” are provided on an “as is” basis without warranties and conditions of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, and all causes of action for the same, whether breach of contract, tortious behavior, negligence, or otherwise. You specifically acknowledge that Pursell is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

Pursell is not responsible for any content distributed by you through this website or associated services. No advice or information, whether oral or written, obtained by you through this website shall create any warranty not expressly stated in the terms.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, the above limitation may not apply to you.

Limitation of Liability
Neither Pursell or any party involved in the creation of, production of or delivery of this service or any website associated with this service shall have any liability whatsoever for direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, use or inability to use this service or any site linked to this website, or any failure of performance, alteration, error, omission, interruption, defect, delay in operation, transmission of computer virus, or line or system failure regardless of whether such claim is for contract, tort, negligence, strict liability, or any other claim. Further, neither Pursell nor any other party involved in the creation of this website shall have any liability for such claims even if Pursell has been advised about the possibility for such a claim. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages so Pursell’s liability in such jurisdictions is limited to the extent permitted by law.

Intellectual Property

Copyrights: Pursell, its business partners and content providers have and maintain property rights to all content on this website, including but not limited to text, graphics, logos, button icons, images and pictures on this website, which property rights are protected by U.S. copyright law. This website is copyrighted as a collective work under U.S. copyright law. Except as permitted by the limited license section below, you may not modify, transmit, distribute, republish any of this content without the prior written consent of Pursell.

Trademarks: Pursell owns all trademarks, trade names, brand names, and service marks, whether registered or unregistered, and whose property rights are protected by U.S. trademark law. Except as permitted by the limited license section below, you may not use any of these trademarks, trade names, brand names and service marks without the prior written consent of Pursell. Any other trademarks, trade names, brand names, and service marks remain the property of their respective owners.

Patents: Pursell owns all patents and patent applications filed by Pursell, whose property rights in such patents and patent applications are protected by U.S. and International patent laws. You may not use any of these patented or patentable assets without the prior written consent of Pursell.

Limited License: You may download portions of materials on this website solely for your personal non-commercial use.

Termination of License: If you violate any of these Disclaimers, your permission to use the content of this website automatically terminates, and you must immediately destroy any copies you have made of any portion of the content.

Copyright Infringement: If you believe that any material contained in this website infringes your copyright, you should notify Pursell of your copyright infringement claim in accordance with the following procedure.

Pursell will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the website’s Designated Agent who is:

Pursell Agri-Tech.
104 Calhoun Ave
Sylacauga, AL, 35150, USA
Telephone: (256) 208-9509
E-mail: info@fertilizer.com

For more information on the DMCA, visit https://www.copyright.gov/reports/studies/dmca/dmca_executive.html

For more information on United States copyright law, visit https://copyright.gov/

User Submissions
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant–or warrant that the owner of such content has expressly granted– Pursell a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium or any form, format, forum, or blog now known or hereafter developed. Pursell may sublicense its rights through multiple tiers of sub-licenses.

Links to Other Websites
This website may contain links to third-party websites (“Third-Party Sites”). We do not, either expressly or by implication, endorse the content on these Third-Party Sites. The links are provided for your convenience only. We have no control over such Third-Party Sites, nor do we review the content on those Third-Party Sites; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Sites. You further acknowledge and agree that Pursell is not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Site or resource.

 

The Disclaimer became effective on January 2018.

Last updated: March 2019.