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