Terms & Conditions
Section 1. Acceptance of Terms and Conditions
Use of this web site is conditioned upon user's acceptance of the terms and conditions contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms and conditions set forth in this legal notice. Meherrin reserve the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms, you may not use this web site. The domain name Meherrinfertilizer.com is owned by Meherrin.
Section 2. Trademarks
You should assume that all materials, designs, text and images (collectively, the "Materials") contained in the Site are either the copyrighted property of Meherrin, unless otherwise noted, or are the copyrighted property of third parties. Meherrin 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 Meherrin.
Such marks of third parties remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
Section 3. Prohibited Use
Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, user agrees that any and all information transmitted to or with the use of this site can not and shall not be deemed confidential or proprietary. Meherrin Inc. reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. Meherrin Inc., its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action Meherrin determines appropriate under the circumstances.
Section 4. Third-Party Relationships
This web site may contain links to other sites. These links are provided merely to assist the user. These sites are independent of Meherrin site, and Meherrin does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by Meherrin. The inclusion of a link does not mean that Meherrin accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Meherrin, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
Section 5. Modifications
This web site may contain typographical errors or technical inaccuracies. Meherrin reserves the right to modify the content of this web site at any time without prior notice. Meherrin failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
Section 6. Severability
If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
Section 7. Warranties & Limitation of Liability
MEHERRIN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MEHERRIN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
Section 8. Force Majeure
Notwithstanding any other provision set forth in these terms and conditions, Meherrin shall not be liable for any failure or delay in its performance due to any cause beyond Meherrin reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Meherrin shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Section 9. Indemnification
User hereby agrees to indemnify, defend, and hold harmless, Meherrin, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site. Meherrin has the right to control any defense pertaining to this section.
Section 10. Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
Section 11. ASSUMPTION OF RISK
Use of and browsing in the Site is done at user's own risk. Neither Meherrin nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. 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.
Section 12. FEEDBACK - OWNERSHIP RIGHTS
From time to time, Meherrin may ask that you transmit to the Site by electronic mail your feedback on Meherrin products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Meherrin, (b) become the property of Meherrin and Meherrin shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Meherrin or its affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, Meherrin shall be under no obligation to respond to any such communication.
Section 13. Governing Law
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina, United States of America, without regard to any choice of law principles.
Section 14. Jurisdiction
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of North Carolina and of the United States of America located in the State of North Carolina for any and all claims arising from the use of this web site.
Section 15. Entire Agreement
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.