Terms of Use

Terms of Use

By accessing any areas of aquayield.com (the “Website”), you agree to be legally bound and to abide by the terms set forth below (the “Terms of Use”). The Website is provided by Aqua Yield Operations, LLC, a Utah limited liability company, BFP Management, LLC, a Utah limited liability company and any affiliates of said entities (collectively referred to herein as “Aqua Yield”).

IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND AQUA YIELD’S PRIVACY POLICY, DO NOT USE OR INPUT ANY INFORMATION ON THIS WEBSITE. THESE TERMS OF USE ARE SUBJECT TO CHANGE AT ANY TIME, EFFECTIVE UPON POSTING OF ANY CURRENT VERSION OF THE TERMS OF USE ON THE WEBSITE, WHICH POSTING SHALL CONSTITUTE NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE SAME. AQUA YIELD RESERVES THE RIGHT TO GRANT OR DENY ACCESS TO THE WEBSITE FOR ANY OR NO REASON.

USE OF WEBSITE

By accessing or using the Website, you represent and warrant that: (a) you have the right, authority and capacity to abide by all of the Terms Use; (b) your use of the Website will be for lawful purposes only; (c) you will not use the Website in any manner which may damage or otherwise interfere with the Website; and (c) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.

Aqua Yield reserves the right to add, modify and remove any and all content on the Website that it deems appropriate in its sole discretion. In the event that the Website provides for users and other third parties to post content thereon, you are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Notwithstanding the foregoing, Aqua Yield, nor any of its officers, directors, employees or agents, or affiliates shall assume liability for any action or inaction with respect to conduct or communication posted on the Website by third parties.

PRIVACY POLICY

In the event that you elect to submit any information to Aqua Yield, including personal and contact information, such information will be used in accordance with the Website’s PRIVACY POLICY. You agree that by submitting information to Aqua Yield, you are solely responsible for any information you provide, you will only submit content that complies with applicable law, and you will not submit content that attempts to impersonate another individual or entity.

PRODUCTS AND SERVICES

All sales of products and/or services described on this Website are subject to any and all applicable terms and conditions contained in a separate written purchase order for the same. Aqua Yield reserves the right to elect not to respond to any requests submitted on the Website or enter into any separate product or service purchase orders.

DISCLAIMERS AND LIMITATION OF LIABILITY

This Website is provided for informational purposes only. The information on this Website is not a guarantee of results to be achieved by any user of, and is not a statement of warranty (either express or implied), regarding any Aqua Yield product or service. You expressly agree that use of this Website is at your sole risk. Neither Aqua Yield nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors, or the like, warrant that the Website will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from the use of Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website.

THIS WEBSITE IS PROVIDED BY AQUA YIELD ON AN “AS IS” AND “AS AVAILABLE” BASIS. AQUA YIELD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AQUA YIELD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AQUA YIELD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY AQUA YIELD NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Aqua Yield or any other party involved in creating, producing, or distributing this Website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by you on any information obtained from the Website or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs or services. You hereby acknowledge that this paragraph shall apply to all content, products and services available through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

INTELLECTUAL PROPERTY

AquaYield and DesignTM, AquaYield®, AquamizationTM, Aquamized®, Nano-Shield®, Purify, Minify Shield YieldTM, The Smallest Innovation in Agricultural HistoryTM, It’s a New DayTM, and other trademarks and service marks contained in this Website which are the trademarks and service marks of Aqua Yield may not be used or reproduced without the prior written consent of Aqua Yield. All rights reserved. All other trademarks, product names, and company names and logos appearing on the Website which do not belong to Aqua Yield are the property of their respective owners can cannot be used without prior written consent of said owners.

You acknowledge and agree that all information and material contain on the Website from time-to-time, and the intellectual property rights thereto, belong at all times to Aqua Yield. Except as provided by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, or distribute in any way any information or material from the Website without obtaining permission of the owner of the copyright or other proprietary right. Furthermore, you are not entitled to modify, publish, broadcast or redistribute the content of this Website or reproduce, link, frame or deep-link this Website on any other website without the prior written consent of Aqua Yield.

HYPERLINKS

The Website may contain links to other websites or resources which are owned, controlled and maintained by third parties. Such links, if any, are provided as a convenience only, and in the event you elect to access such links, you agree to do so at your own risk. You acknowledge and agree that Aqua Yield is not responsible for the availability of such websites or resources, and does not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Aqua Yield shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

INDEMNIFICATION

You agree to defend, indemnify and hold Aqua Yield, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Website, (ii) any user content you provide or transmit through the Website, (iii) your conduct in connection with the Website or our other users, (iv) your violation of any of the provisions of these Terms of Use, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.

GENERAL

Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by email to info@aquayield.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Entire Agreement. This Agreement constitutes the entire agreement between you and Aqua Yield, superseding any prior agreements between the same.
Governing Law. Except as expressly provided herein, (a) these Terms of Use and the relationship between you and Aqua Yield shall be governed by the laws of the State of Utah without regard to its conflict of laws provisions, and (b) you and Aqua Yield agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Utah.
No Waiver. Aqua Yield’s failure to exercise or enforce any right or provision herein shall not constitute a waiver of such right or provision and does not waive Aqua Yield’s right to act with respect to subsequent or similar breaches.

Severance. If any provision herein is found to be invalid by a court of competent jurisdiction, you and Aqua Yield nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions herein will remain in full force and effect.
Limitation. You and the Aqua Yield each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Titles. The section titles herein are for convenience only and have no legal or contractual effect.

CONTACT US

In the event you would like additional information about the Website or have a specific question, you may submit an email inquiry to clark@aquayield.com.