Terms of Use
Harrell Agricultural Products, Inc. Terms of Use
Effective Date: November 16, 2022
Last Updated: November 16, 2022
Thank you for visiting this Site (as defined below), which is owned and operated by Harrell Agricultural Products, Inc. These Terms of Use govern your use of this Site.
- The term “Content” refers to all content available on this Site provided by or on behalf of Harrell Ag, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, designs, user interfaces, visual interfaces, information, applications, illustrations, graphics, sound recordings, video and audio-video clips, including User-Generated Content and Feedback.
- The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through or advertise on this Site, or otherwise.
- The term “including” means “including, but not limited to.”
- The term “Site” refers to the website located at https://harrellag.com and owned by Harrell Agricultural Products, Inc., and such other sites as we may link to in these Terms of Use.
- The terms “Harrell Ag,” “we,” “us,” and “our” refer to Harrell Agricultural Products, Inc.
- The term “User-Generated Content” or “UGC” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or provide through this Site, including using any social networking tools we make available to you, that does not constitute “Feedback.”
These Terms of Use apply to all users of this Site. By using this Site, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.
YOUR CONSENT TO OTHER AGREEMENTS
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada, and other countries. All Content and intellectual property rights therein are the property of Harrell Ag or the Content is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
You are hereby granted a limited, revocable, non-exclusive license to use, to display on your computer, to download and to print a single copy of the text and images which are available on this Site (including any forms available on this Site which are designated for printing and use), solely for non-commercial, personal or educational purposes provided that the contents of this Site are not modified in any way. This license is personal to you, and may not be assigned, transferred or sub-licensed to any other person. Where any of the images or text on this Site are downloaded, copied, stored or printed they are still subject to these Terms of Use and you will ensure that all copyright and trademark notices are retained. No other use is permitted. Without limiting the generality of the foregoing, and with the exception of the User-Generated Content that you have submitted to the Site, you may not make any commercial use of such Content, include such Content in or with any product and/or service that you create or distribute, or copy such Content onto your, or any other person’s, website.
The Harrell Ag names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Harrell Ag and/or its affiliates (the “Harrell Ag Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Harrell Ag Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Harrell Ag Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
You are responsible for User-Generated Content that you post. Under no circumstances will we be liable in any way for any UGC.
This means that you, not Harrell Ag, are entirely responsible for all UGC that you post or otherwise submit, and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, any applicable law, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission(s) to post or otherwise submit it, and to grant the licenses set out in these Terms of Use.
Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views Harrell Ag or any person or entity associated with Harrell Ag.
We may use your UGC. We do not claim any copyrights or ownership rights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a non-exclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize the UGC you post (including but not limited to your likeness, name, and comments therein) in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. Where permitted by law, you waive all of your moral rights in the UGC and any intellectual property rights therein that you make available through the Site. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content. Harrell Ag has certain rights. We have the right (but do not assume the obligation) to:
- remove or block any UGC at any time without notice at our sole and absolute discretion;
- disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Harrell Ag or others, or to enforce these Terms of Use; and
- terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of UGC you post.
Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not:
- upload, post, transmit or otherwise make available.
- any UGC that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
- any UGC that constitutes or encourages activity illegal under criminal or civil law; or any UGC that is false, misleading, or fraudulent.
- any UGC that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- any UGC that violates or infringes upon the rights of others, including UGC which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity.
- any UGC that contains the image, name or likeness of anyone other than yourself, unless (i) that person is or has reached the age of majority in their jurisdiction of residence, and you have first obtained his/her express permission or (ii) that person is under the age of majority in their jurisdiction of residence but you are his/her parent or legal guardian.
- any request for or solicitation of any personal or private information from any individual; or any request for or solicitation of money, goods, or services.
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of or access to any computer software or hardware or telecommunications equipment, or any information stored thereon.
- any UGC that contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or
- violate any federal, local, provincial/territorial/state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
User Reviews.
Notwithstanding any of the foregoing, these Terms of Use in no way limit your rights under the Consumer Review Fairness Act of 2016 (H.R. 5111), or any other applicable law.
If you submit UGC that constitutes or includes a review of Harrell Ag or one of our products or services, you agree that such UGC represents your true and honest experience with us and our products. Further, if you received any incentive in connection for your review, for example, if you received a discount, promotional item, a contest entry or some other benefit, or if you have a relationship with us (e.g. if you are an employee) you must clearly and prominently disclose the benefit or your relationship with us in your review.
REMOVAL OF CONTENT
In general. You can seek removal of objectionable UGC by contacting us at [email protected]. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Violation of copyrights. Harrell Ag does not knowingly violate or permit others to violate the copyrights of others. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitutes copyright infringement under any applicable copyright laws, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.
- a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics).
- a description of the infringement that is claimed;
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Sales and Marketing: Harrell Agricultural Products, Inc. 216 Industrial Blvd. Bainbridge, Georgia, 39817 USA
- Phone: 229-246-0350
- Fax: 229-299-8326
- Email: [email protected]
YOUR FEEDBACK
Where permitted by applicable law, you provide us with the license set out above in respect of UGC in relation to any Feedback you provide to us or make available through the Site. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. Where permitted by law, you waive all of your moral rights in the Feedback and any intellectual property rights therein that you provide to us or make available through the Site. For this reason, we ask that you not send us any Feedback that you do not wish to license to us.
YOUR OBLIGATIONS
In consideration of your use of this Site, you agree that to the extent you provide information, including personal information, to Harrell Ag it will be true, accurate, current, and complete and that you will update all information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether by you or by anyone else using your username and password, and whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed or intended to interfere with, interrupt or disrupt the normal operating procedures of this Site, or any computer or device. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
MAKING PURCHASES THROUGH THE SITE
You may only make purchases through the Site if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address (as determined by Harrell Ag in its sole and absolute discretion), in Canada or the United States. However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping.
The Site permits you to choose whether to see prices in Canadian or American currency.
All Orders made through the Site are subject to these Terms of Use, as well as any other applicable terms and conditions outlined on the Site relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through the Site, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION.
Harrell Ag reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
In order to complete an Order through a Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.
We reserve the right, in our sole and absolute discretion, to change the prices and items offered on the Site at any time.
You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. We fulfill orders from our fulfillment center located in the United States of America. Canadian orders may be subject to additional duties, tax, and or brokerage fees. The purchaser is responsible for the cost of any such duties, tax, and or brokerage fees. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and/or other charges. Taxes may depend on delivery location.
DELIVERY
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 28 days of the estimated delivery time, please let us know by using the contact information provided below. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.
OUR RIGHTS REGARDING ORDERS AND VERIFICATION
Without limiting the generality of any other section of these Terms of Use, Harrell Ag reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of these Terms of Use, or any other agreement you may have with us. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Site to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
All Orders are subject to verification by Harrell Ag at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Harrell Ag): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of These Terms of Use. In order to help protect you and Harrell Ag from fraudulent transactions, we may provide your transaction-related information to a reputable third-party organization to perform an address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address.
OUR RETURN POLICY
We hope you are happy with your purchases on our Site or direct sales. However, if you are not fully satisfied, you may return your original condition, resalable product purchased through the online store section of our Site or direct sales within 30 days of your original purchase, for a refund or your initial purchase price.
Refunds for products being returned, along with any applicable taxes, will be credited to your original method of payment. No original or return shipping costs or tax on shipping costs will be refunded.
Please note, this return policy applies only to the purchase of goods through our Site or direct sales. It does not apply to the purchase, or lease, of any Harrell Ag vehicle.
Harrell Ag’s return policy does not apply to sales through authorized dealerships, vendors, or other third-party sellers, as they may have their own propriety return policy.
MISPRINTS AND ERRORS
Harrell Ag endeavors to provide current and accurate information on the Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Harrell Ag cannot guarantee that products and services advertised on the Site will be available. Harrell Ag does not warrant that the Content including, without limitation, product descriptions or photographs, is accurate or complete.
DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THESE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HARRELL AG, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM (“RELEASED PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY USER-GENERATED CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
HARRELL AG DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED HARRELL AG SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF HARRELL AG. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS OR OTHER HARMFUL COMPONENT; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER (“DAMAGES”), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
LINKS TO THIRD-PARTY WEBSITES
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Harrell Ag 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 content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
WAIVER
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Harrell Ag of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
Harrell Ag, the Site, and the Content (excluding linked web sites or content) are physically located within the state of Georgia, USA. The Site and the Content are intended to be used by U.S. residents only. For persons who are not an individual resident in Georgia, these Terms of Use will be governed by the laws of the State of Georgia and the federal laws of USA and shall be treated in all respects as a Georgia contract, without reference to the principles of conflicts of law. For persons who are not an individual resident in Georgia, any dispute between you and Harrell Ag or any other person arising from, connected with or relating to the Site, these Terms of Use, or any related matters (collectively “Disputes”) will be resolved before the Courts of Georgia, sitting in the City of Bainbridge, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
To the extent permitted by applicable law, you agree to waive any right that you may have to: (i) a trial by jury; and for persons who are not an individual resident in Georgia, Alabama or Florida (ii) commence or participate in any class action against Harrell Ag related to the Site, the Content or these Terms of Use. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. Where applicable, you also agree to opt out of any class proceedings against Harrell Ag or its licensors.
You and Harrell Ag have required that these Terms of Use and all documents relating thereto be drawn-up in English.
INDEMNITY
You agree to indemnify and hold Harrell Ag, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any Content or other material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date set forth above. Harrell Ag reserves the right to change all or any portion of these Terms of Use from time to time consistent with applicable laws and principles. If we do this, we will post the changes at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms of Use were last revised. If required by law and if you are a registered account holder, we may also provide you with notice of such changes setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect using any contact information we may have available to us. You may refuse the amendment and rescind, or cancel your use of the Site and account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. Where permitted by law, these changes will be effective as of the date we post in association with the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date set forth above. Harrell Ag reserves the right to change all or any portion of these Terms of Use from time to time consistent with applicable laws and principles. If we do this, we will post the changes at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms of Use were last revised. If required by law and if you are a registered account holder, we may also provide you with notice of such changes setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect using any contact information we may have available to us. You may refuse the amendment and rescind, or cancel your use of the Site and account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. Where permitted by law, these changes will be effective as of the date we post in association with the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
ENTIRE AGREEMENT
These Terms of Use as they may be amended from time to time (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Harrell Ag with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Harrell Ag with respect to this Site and your use of this Site.
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