MULCH COLORS TERMS AND CONDITIONS OF USE

 

 

IMPORTANT LEGAL INFORMATION

 

The following information represents the Mulch Colors Terms and Conditions of Use (“Terms and Conditions”), which govern your use of the www.mulchcolors.com website (the “Web Site”).

PRIOR TO ACCESSING AND USING THIS WEB SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THIS WEB SITE AND ANY MATERIAL AND INFORMATION AVAILABLE THROUGH IT.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEB SITE. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, OR OTHER MATERIAL OR INFORMATION AVAILABLE ON OR THROUGH THIS WEB SITE, IS TO STOP USING THE WEB SITE. YOUR AGREEMENT REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEB SITE.

 

CONDITIONS OF USE

 

            By using this Web Site, you indicate your agreement to these Terms and Conditions without any limitation or qualification. In addition, when using particular services or materials on this Web Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.

 

            These Terms and Conditions will take effect at the time you begin using this Web Site, thereby indicating your acceptance of these Terms and Conditions, and at each use thereafter you shall be deemed to have reaffirmed your acceptance of these Terms and Conditions.

 

            Colorbiotics and/or Becker Underwood (referred to herein as the “Web Site Operators” or “we”) reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms and Conditions periodically and to be aware of any modifications. Your continued use of this Web Site after such modifications will constitute your acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.

 

            The Web Site Operators reserve the right to either modify or discontinue the Web Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to the addition of fee-based services and changes to or limitations on the information on the Web Site. Any new features that augment or enhance the then-current services on this Web Site shall also be subject to these Terms and Conditions.

 

            You understand and agree that temporary interruptions of the Web Site may occur as normal events. You further understand and agree that the Web Site Operators have no control over third-party networks you may access in the course of the use of this Web Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

 

            You understand and agree that this Web Site is provided "AS IS" and that the Web Site Operators assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.

 

CONDUCT ON SITE

 

            Your use of the Web Site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the Web Site. By posting information in or otherwise using any communications or interactive service that may be available to you on or through this Web Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

 

                        1.         Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the Web Site Operators’ rules or policies;

 

                        2.         Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

                        3.         Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

                        4.         Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

                        5.         Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

 

                        6.         Impersonates any person or entity, including any of the Web Site Operators’ employees or representatives.

 

            The Web Site Operators neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the Web Site. The Web Site Operators have no obligation to view, monitor or record your access to this Web Site or your use of any of its features. However, the Web Site Operators reserve the right to view, monitor, and record activity in connection with the Web Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity. The Web Site Operators will also comply with all court orders involving requests for such information.

 

     In the event that you post information on this Web Site or otherwise use any communications or interactive service that may be available to you on or through this Web Site, those postings, information, know-how, material, or any other content (collectively “Materials”) will be deemed to include a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license for the Web Site Operators to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part), or act on such Materials without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Materials, and you hereby waive any claim to the contrary.

 

APPROPRIATENESS OF USE

 

This Web Site is controlled and operated by the Web Site Operators from its offices within the United States of America. The Web Site Operators make no representation that materials on the Web Site are appropriate or available for use in any other locations. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

LINKS TO EXTERNAL WEB SITES

 

The Web Site contains links to external web sites and materials provided by third parties. Because the Web Site Operators have no control over such web sites and resources, you agree that the Web Site Operators are not responsible for the availability and/or content of any these web sites. The Web Site Operators do not author, edit or monitor these external web sites, and they are not responsible for any damage or loss caused or alleged to be caused by the use of any content, goods or services available on such external web sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

DISCLAIMER

 

      ALL INFORMATION INCORPORATED IN THE WEB SITE IS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE AND RELIABLE, AND ALL REPRESENTATIONS ARE BELIEVED BY THE WEB SITE OPERATORS TO BE ACCURATE. HOWEVER, BECAUSE OF THE POSSIBILITIES OF HUMAN AND MECHANICAL ERROR, AS WELL AS UNFORESEEN FACTORS BEYOND THE WEB SITE OPERATORS’ CONTROL, THE WEB SITE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH SAID INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WEB SITE OPERATORS SPECIFICALLY DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF SAID INFORMATION. ANY PERSON WHO ACTS UPON ANY INFORMATION INCORPORATED IN THE WEB SITE, OR WHO OTHERWISE CHANGES POSITION IN RELIANCE THEREON, DOES SO ENTIRELY AT SUCH PERSON’S OWN RISK.

      CONSISTENT WITH THE FOREGOING, THE WEBSITE, AND ALL RELATED MATERIAL AND INFORMATION ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT IN NO EVENT WILL THE WEB SITE OPERATORS BE LIABLE FOR THE RESULTS OF YOUR USE OF THE WEB SITE OR FOR YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

      ADDITIONALLY, THE INFORMATION CONTAINED IN OR REFERENCED THROUGHOUT THE WEB SITE IS BASED SOLELY ON TESTING CONDUCTED ON THE WEB SITE OPERATORS’ “MULCH MAGIC” COLORANT PRODUCT. COLORANT MANUFACTURED BY THIRD PARTIES MAY NOT MEET THE SAME STANDARDS AS COLORANT MANUFACTURED BY THE WEB SITE OPERATORS AND THE INFORMATION CONTAINED IN OR REFERENCED THROUGHOUT THE WEB SITE MAY NOT BE ACCURATE WITH RESPECT TO SUCH THIRD PARTY PRODUCTS.

 

            THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE WEB SITE OPERATORS MAY MAKE CHANGES TO THE WEB SITE AT ANY TIME WITHOUT NOTICE. THE WEB SITE OR ANY MATERIALS INCORPORATED THEREIN MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS.

 

            SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL THE WEB SITE OPERATORS BE LIABLE TO YOU OR ON YOUR ACCOUNT FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, EVEN IF THE WEB SITE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE BASIS THEREFOR, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

 

      You agree to defend, indemnify and hold harmless the Web Site Operators, their affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including reasonable attorney’s fees, arising in any way from your use of the Web Site or related to any violation of these Terms and Conditions by you.

 

TRADEMARKS/SERVICE MARKS AND COPYRIGHTS

 

Copyright 2006 __________. All Rights Reserved.

 

The contents of this Web Site, including without limitation information, data, artwork, text, video, audio, pictures, site design, graphics, software, and other materials, including the selection and arrangement thereof, are protected by copyright and trade secret and other intellectual property laws and that the Web Site contains valuable confidential information. You agree not to take any action to jeopardize, limit or interfere in any manner with the rights in and to the Web Site. You shall not reproduce, distribute, disclose or use the Web Site or any portion thereof except as expressly provided for in these Terms and Conditions, and you agree to use your best efforts to protect same from unauthorized reproduction, distribution, disclosure, and use by others. You may not modify or create any derivative works of the Web Site, reverse-engineer, sublicense, or lease any portion of the Web Site, remove or alter any trademark, copyright or other proprietary notice in the Web Site, or market or use the Web Site to collect or process data for which you charge a fee to a third party based on the features of the Web Site.

 

Nothing in these Terms and Conditions grants you any right to use any trademark, service mark, logo, and/or the name of either of the Web Site Operators.

 

TERMINATION OF USE

 

            You agree that the Web Site Operators may, in their sole discretion, terminate or suspend your access to all or part of the Web Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions.

 

            Without limiting the foregoing, any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

            Upon termination or suspension, regardless of the reasons therefore, your right to use the Web Site immediately ceases. The Web Site Operators shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

ADMISSIBILITY

 

            A printed version of these Terms and Conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

ENTIRE AGREEMENT

 

            These Terms and Conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s).

 

MISCELLANEOUS

 

            You may not assign your rights and obligations under these Terms and Conditions to any third party, and any purported attempt to do so shall be null and void. The Web Site Operators may freely assign their rights and obligations under these Terms and Conditions.

 

            If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

            Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.

 

            No joint venture, partnership, employment or agency relationship exists between you and the Web Site Operators as a result of these Terms and Conditions or your use of this Web Site.