Welcome to www.agcall.com, an official website (the “Website”) of AgCall Inc.
Please read these terms and conditions (this “Agreement”) carefully as they govern
your access and use of the Website. Please note that your use of the Website constitutes
your agreement to follow and be bound by the terms of this Agreement. If you do
not agree to this Agreement, please do not use this Website. AgCall Inc. may amend
this Agreement at any time, at their sole discretion, by posting an amended Agreement
on the Website. Any amendment made to this Agreement will be effective immediately
upon posting. You are deemed to have agreed to any amendment by virtue of your continued
use of the Website. If you object to any such amendment, your recourse is to cease
using the Website.
Language. The parties hereto have expressly requested that this
Agreement and all related documents be drafted in English. Les parties aux présentes
ont expressément requis que les présentes et tout document y affèrent soient rédigés
en langue anglaise.
Ownership. The Website and all of its content is the property
of AgCall Inc. and is protected under applicable copyright and trade-mark law. Except
as expressly provided herein, nothing shall confer on you any license of or right
to use any such mark or of any other intellectual property right of AgCall Inc.
Limited License and Restrictions. You may not use the Website if you live in
a jurisdiction where access to or use of the Website may be illegal or prohibited
by applicable law. You agree that the material and content contained on the Website
is made available to you for your lawful and personal use and that you may only
download such material and content for the purpose of viewing the Website from a
single personal computer. You agree that any other use of the material and content
of the Website is strictly prohibited.
Termination. AgCall Inc. shall be entitled
to terminate your permission to use the Website and/or shall be entitled to terminate
the operation of the Website at any time, without notice.
Your Conduct. You warrant
and undertake that in your use of the Website you shall:
- use the Website only for lawful purposes, and in a manner which does not
infringe the rights of, or restrict or inhibit the use of the Website by,
any third party;
- not engage in any conduct which is unlawful, or which may harass or cause
distress or inconvenience to any person;
- not transmit or distribute any material or information which contravenes
any applicable law or any person's legal rights; and
- use current virus monitoring software when using the Website.
Inaccuracies. AgCall endeavours to present the
most recent, most accurate, and most reliable information on the Website at all
times. However, there may be occasions when some of the information may contain
incomplete data, typographical errors, or inaccuracies, including incorrect specifications
for products and/or information on services. AgCall Inc. presents all content on
the Website “as is” and does not make any claims as to its accuracy, either expressed
DISCLAIMER. THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND
“AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT
OF THE WEBSITE AND/OR ITS CONTENTS. AGCALL INC. DISCLAIMS ALL REPRESENTATIONS, TERMS,
CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR
SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
EXCLUSION OF LIABILITY. NEITHER AGCALL INC. OR OTHER REPRESENTATIVES,
ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ITS
USE OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUES, BUSINESS
OPPORTUNITY, SAVINGS, INCOME, PROFITS, USE, WAGES, MATERIAL, CAPITAL, PRODUCTION, REPUTATION
OR GOODWILL OR PAYMENT SETTLEMENT LIABILITY, ANTICIPATED OR OTHERWISE, OR ECONOMIC
LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY
OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT
OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH)
BY AGCALL INC. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP
USING THE WEBSITE.
Indemnification. You agree to indemnify, defend, and hold
harmless AgCall Inc., their, officers, directors, employees, agents, affiliates,
licensors and suppliers from and against all losses, expenses, damages and costs,
including reasonable legal fees, resulting from (a) any violation of these terms
and conditions, (b) any allegation that any information or material submitted by
you to AgCall Inc. violates any intellectual property, proprietary, contract, or
other right of any third party, or (c) any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the Website
using your account.
Canada & United States of America. Unless otherwise specified, the materials on
this Website are displayed solely for the purposes of promoting the AgCall Inc.
in United States of America. Those who choose to access this site from other locations
are responsible for compliance with local laws if and to the extent local laws are applicable.
Parts of the Website may only be accessible to users who have been issued a login
name and password (collectively "Credentials") by AgCall Inc. For the purposes of
accessing the Website, the Credentials remain the property of AgCall Inc. and may
be cancelled or suspended at any time without any notice or liability to you or
any other person. AgCall Inc. is not under any obligation to verify the actual identity
or authority of any person using Credentials to access and use the Website. If you
have been issued Credentials: (i) you are fully responsible and liable for the security
of the Credentials and any and all use and misuse of the Credentials; (ii) you will
keep the Credentials secure and confidential at all times and not disclose the Credentials
to any other person or permit any other person to use the Credentials.
If any of term or condition of this Agreement should be determined to be illegal,
invalid or otherwise unenforceable, then to the extent such term or condition is
illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement
and the remaining Agreement shall survive, remain in full force and effect and continue
to be binding and enforceable.
Amendments and Waivers. No amendment or waiver
of any provision of this Agreement shall be binding on AgCall Inc. unless consented
to in writing by AgCall Inc.
Force Majeure. AgCall Inc. shall not be liable
for any breach of this Agreement by it, or any impediment to your use of the Website,
to the extent that such breach or impediment arises from any act of God, war, national
emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm,
epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable
control of AgCall Inc.
Applicable Law. This Agreement shall be construed, interpreted
and enforced in accordance with, and the respective rights and obligations of the
parties shall be governed by, the laws of the Province of Alberta and the federal
laws of Canada applicable therein, and each party irrevocably and unconditionally
submits to the non-exclusive jurisdiction of the courts of such province and all
courts competent to hear appeals therefrom.
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