TERMS AND CONDITIONS
TERMS AND CONDITIONS OF INITIAL USE GUARANTEE
Initial Use Guarantee for up to ten (10) gallons of product. If your initial spraying of AgA does not increase your herbicide kill by up to 30% we will send yu another or issue you a refund. A replacement or refund will be given to the original purchaser, who registered the AgA purchase within 3 days of purchase, less shipping and handling charges. The Initial use Guarantee is valid for 180 days after the original receipt of order from the original purchaser if registered within 3 days on the AgA web site. This refund is for product only and not for other charges such as labor, equipment, etc. Prices are subject to change. Order by phone/fax/online/US Mail. Visa and MasterCard accepted. Money orders and checks add 10 days processing. TN residents add 9.75% sales tax.
Order on-line by credit card with security and confidence. All orders are processed using the latest in security and encryption technology, so you can be assured that your order will be delivered safely.
AgA™ and HolidayCS maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video, without AgA's written permission.
Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and AgA are superseded and of no force or effect. It is unlawful to use AgA in a manner inconsistent with it’s label.
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of AgA except as provided in these Terms and Conditions or in the text on the Site. AgA™ neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with AgA™
2. While AgA™ uses reasonable efforts to include accurate and up-to-date information on the site, AgA™ makes no warranties or representations as to its accuracy. AgA™ assumes no liability or responsibility for any errors or omissions in the content on the Site.
3. Your use and browsing of the Site is at your own risk. Neither AgA™ nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR *NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. AgA™ also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary unless the data is entered under our secure site. Anything you transmit or post, unless on our secure site, may be used by AgA™ or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, AgA™ is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, AgA™ . The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including those of our clients and retailers are registered and unregistered Trademarks of our clients and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of AgA™ or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that AgA™ will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7.AgA™ has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although AgA™ may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, AgA™ is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. AgA™ will fully cooperate with any law enforcement authorities or court order requesting or directing AgA™ to disclose the identity of anyone posting any such information or materials.
9. AgA™ may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. AgA™ and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of AgA™ shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and AgA™ with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and AgA™ with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by AgA™ If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.