Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This
Terms of Use Agreement was last updated on [August 26,
2011].
This Terms of Use Agreement sets forth the standards of use
of the Triple D Seed online Service.
By using the www.tripledseed.com website you (the “Member”) agree to
these terms and conditions. If you do not agree to the terms and conditions of
this agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at
www.tripledseed.com website. Your
continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1.
Description of Service
Triple
D Seed is providing
Member with product knowledge and information. Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for Member’s
access to the Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer of Warranties.
The site is provided by Triple D Seed on an “as is” and on an “as available”
basis. To the fullest extent permitted
by applicable law, Triple D Seed
makes no representations or warranties of any kind, express or implied,
regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Triple D Seed shall have no liability for any
interruptions in the use of this Website.
Triple D Seed disclaims all
warranties with regard to the information provided, including the implied
warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
3. Limitation
of Liability
Triple D Seed SHALL NOT be liable
for any damages whatsoever, and in particular Triple D Seed shall not be liable for any special, indirect,
consequential, or incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web site or the
information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if Triple D Seed
has been advised of the possibility of
such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE
ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Triple
D Seed, its parents, subsidiaries, affiliates, officers and
employees, harmless from any claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or arising out of Member’s use
of the Service, the violation of this Agreement, or infringement by Member, or
other user of the Service using Member’s computer, of any intellectual property
or any other right of any person or entity.
5. Modifications
and Interruption to Service
Triple D Seed
reserves the right to modify or discontinue the Service with or without notice
to the Member. Triple D Seed shall
not be liable to Member or any third party should Triple
D Seed exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that Triple
D Seed does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered with or
adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party
Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer
Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available sources. While Triple
D Seed makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the accuracy or
reliability of any information provided on this website.
Triple D Seed
makes no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at your own
risk.
8. Governing
Jurisdiction of the Courts (Illinois)
Our website is operated and provided in the State of
Illinois. As such, we are subject to the
laws of the State Illinois, and such laws will govern this Terms of Use, without
giving effect to any choice of law rules.
We make no representation that our website or other services are
appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site
you agree to do so subject to the internal laws of the State Illinois.
9. Compliance
with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws.
Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government
requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Copyright
and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2006 www.tripledseed.com, with all rights reserved, or is the
property of Triple D Seed and/or
third parties protected by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission of
an authorized officer of Triple D Seed
is strictly prohibited. Members agree
that they will not use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of Triple D Seed.
All other trademarks displayed on Triple D Seed’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors endorse or have any affiliation with
Triple D Seed and www.tripledseed.com are proprietary
marks of their company. Other Companies’
trademarks may not be used in connection with any product or service that is
not provided by That Company, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Triple D Seed.
.
11. Notification
of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, www.tripledseed.com
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail:
Triple D Seed
1449 State Hwy 16
Gays, IL 61928
By Telephone: (217) 752-6628
By Email: triple.seed@plantpioneer.com
12. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by Triple D Seed, in our sole discretion, to a third
party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation to your
participation as a Member. Member agrees
that by accepting this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information and other practices
described in our Privacy Policy Statement.