Introduction
Welcome to the Agfabric® Plant Cover, Insect Netting, Garden Netting website (the “Site”). The Site is owned and operated by Agfabric LLC (“Agfabric,” “we,” “us” or “our”).
These Terms of Use (“Terms”) govern your access to and use of the Site and constitute a binding legal agreement between you and Agfabric. Please read these Terms carefully before using the Site. By using the Site, you agree to be bound by these Terms and all applicable laws and regulations. If you do not accept and agree to these Terms, you may not use the Site.
Use of the Site
Eligibility: The Site is intended solely for users who are 18 years of age or older. Any access to or use of the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Site, you represent and warrant that you are 18 years or older.
Access: Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for your own personal use.
Restrictions: You agree that you will not:
- Access or use the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site;
- Introduce to the Site any virus, worm, spyware, adware, or other harmful code;
- Post, upload, publish, submit, or transmit any text, graphics, or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code for the Site;
- Access or use the Site for the purpose of building a competitive product or service or copying its features or user interface;
- Violate any applicable laws, regulations, or these Terms.
Account Registration: You may browse the Site without registering for an account. However, to make purchases on the Site or access certain features, you may be required to register and create an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are solely responsible for all activity that occurs under your account, including any unauthorized access, and you must safeguard any passwords associated with your account. You must notify us immediately of any unauthorized access or use of your account.
Purchases and Payment
Order Acceptance: All orders for products on the Site are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason at any time prior to shipment.
Prices: All prices posted on the Site are subject to change without notice. Posted prices do not include shipping charges or sales taxes, which will be added to your total invoice price.
Promotions: Any coupons, discounts, or promotions posted on the Site are subject to change without notice. Promotional offers may be limited by number of uses, date, or other conditions specified by us.
Shipping: We will arrange for shipment of ordered products to you using a carrier of our choice. You are responsible for providing a valid shipping address. Shipping dates are estimates only; we are not responsible for shipping delays.
Returns: If you are not fully satisfied with any product you purchase from the Site, you may return it for a full refund, subject to the terms of our Return Policy.
Payment Processing: We use third-party payment processors to assist us in processing your payment information securely. All payment information is transmitted through Secure Socket Layer (SSL) encryption technology to prevent unauthorized access. By submitting payment information, you authorize us to charge the provided payment method to complete your purchase transaction.
Intellectual Property Rights
Site Content: All content and functionality on the Site, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof is the exclusive property of Agfabric and its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Trademarks: “Agfabric” and all related graphics, logos, service marks, and trade names displayed on the Site are our registered or unregistered trademarks or those of our third-party licensors. You may not use any trademarks without the prior express written permission of the trademark owner.
User Content
If you post, upload, input, provide, or submit your personal data to us, including without limitation, photographs, comments or reviews, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or have all necessary rights to provide such content and that the content is accurate and complies with all applicable laws.
We take no responsibility and assume no liability for any content submitted by you or any third-party. We have the right to remove any user content from the Site that violates these Terms or is otherwise objectionable, as determined in our sole discretion.
Privacy Policy
Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. You acknowledge that your submissions of personal information through the Site are governed by the Privacy Policy.
Disclaimers and Limitation of Liability
No Warranties: THE SITE AND ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
No Liability: IN NO EVENT WILL AGFABRIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF AGFABRIC FOR ALL CLAIMS RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED $100.
Indemnification
You agree to defend, indemnify, and hold harmless Agfabric, its officers, directors, employees, shareholders, affiliates, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your user content or any that is submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password, or other appropriate security code.
No Class Action or Jury Trial
You hereby waive any right to pursue any disputes or claims against Agfabric or its affiliates on a class or consolidated basis or in a representative capacity on behalf of the general public or other persons. Claims and disputes must be brought in your individual capacity, and, to the fullest extent permitted by law: (i) will not be joined or consolidated with the claims of any other person; and (ii) will not be arbitrated or litigated on a class basis, consolidated basis, or basis involving claims brought in a representative capacity on behalf of the general public or other persons similarly situated.
You and Agfabric further agree that if a claim proceeds in court rather than through arbitration, you and Agfabric waive any right to a jury trial.
Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site. We are not responsible for any loss or harm related to your inability to access the Site following any such termination.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. Any dispute between you and Agfabric regarding these Terms or the Site will be resolved exclusively in courts located in Nashville, Tennessee, and you consent to personal jurisdiction in these courts.
Severability and Interpretation
If any provision of these Terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. The section headings herein are for convenience only and do not affect the interpretation of the Terms.
Changes to Terms
We may modify these Terms from time to time. If we make any material changes, we will notify you by posting the revised Terms on the Site and revising the date at the top of this page. We encourage you to review these Terms whenever you access the Site. Your continued use of the Site affirms your agreement to any modified Terms.
Contact Us
If you have any questions about these Terms or the Site, please contact us at:
Email: [email protected]
Phone: (615) 555-1234
Mail:
Agfabric LLC
123 Main St
Nashville, TN 37201
Additional Terms for Certain Sections of the Site
eCommerce Terms of Sale
These additional terms apply specifically to the sale of Agfabric products on the Site and supplement the other Terms described above.
Product Details: We strive to provide accurate product images, descriptions, and specifications on the Site. However, we do not warrant that such details will be accurate, complete, reliable, current, or error-free. If you believe a product is not as described, please contact us.
Availability: We attempt to be as accurate as possible with product availability, but the displayed inventory may differ from actual stock. We reserve the right to cancel orders of unavailable inventory.
Sales Tax: Depending on your shipping address and the tax laws in that jurisdiction, you may be responsible for paying sales or other taxes associated with your order.
Shipping and Delivery: We will pack, ship, and deliver physical orders using a carrier of our choice. Shipping dates on the Site are estimates and are not binding. We are not liable for any delays in shipment. Title and risk of loss pass to you upon our transfer of the products to the carrier. You must inspect all packages upon delivery and indicate any damage or shortages on the carrier’s delivery record before signing to accept delivery.
Returns and Refunds: If you are not fully satisfied with a purchase, you can return most unopened products in new condition with original tags and labels attached within 30 days of delivery for a full refund of the purchase price, minus the cost of shipping. We cannot accept returns of certain types of products, such as custom or made-to-order items. Please review our Return Policy or contact us if you have any questions about returns.
Governing Law: These eCommerce Terms of Sale will be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.
Blog and Community Forum Terms
These additional terms apply to your use of any blog, forum, social media page, or other interactive community section of the Site:
Posting Content: All submitted content must comply with the Site Usage Rules described above. We reserve the right to remove any posts at our sole discretion.
Responsibility for Content: We take no responsibility or assume any liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage related to your use of any interactive areas.
Community Usage Rules: You agree that you will not violate any applicable laws when using any community section of the Site and that you will comply with the following basic rules of conduct:
- No bullying, harassment, physical threats, impersonation of others, stalking, or otherwise objectionable behavior.
- No illegal conduct or encouragement of illegal activity.
- No advertising or spam.
- No disruptive, offensive, or harmful behavior that detracts from the community experience.
- No disclosure of private or sensitive information about yourself or others.
- No inappropriate, defamatory, offensive, obscene, or vulgar content.
Termination of Access: We can terminate your access to any community sections at any time without notice for any reason, including violation of these Terms or violation of any additional posted community guidelines.
Disclaimer: Opinions expressed in community sections represent the views of individual users and do not represent the views or endorsements of Agfabric. We assume no responsibility or liability arising from any content.
Subscription Program Terms
These additional terms apply if you choose to participate in any subscription program offered on the Site:
Enrollment. You may need to provide complete and accurate information about yourself when enrolling in a subscription program. It is your responsibility to notify us of any changes to your information to keep your account active.
Subscription Details. Descriptions of subscription details, pricing, billing frequency, automatic renewal details, and any associated cancellation/refund policy will be provided at signup. Carefully review such details prior to enrollment.
Authorization. By enrolling in a subscription program, you authorize us to periodically charge your provided payment method to renew your subscription. Charges will be made at the billing frequency stated at signup.
Cancellation/Refunds. You may cancel an active subscription at any time; however, there are no refunds for partial billing periods. Cancellations typically take effect at the end of the current billing period. Please carefully review any posted cancellation and refund policies applicable to the specific subscription program.
Delivery. We are not responsible for any delay or failure in delivering subscription products or services. Delivery dates are estimates only.
Program Changes. We reserve the right to change subscription program details, pricing, or available inventory at any time. If a material change is made, we will notify you.
Governing Terms. Any additional terms for a specific subscription program will be stated at signup and incorporated here by reference.
Conclusion
This concludes the Terms and Conditions for Agfabric® Plant Cover, Insect Netting, Garden Netting. By using the Site, you affirm that you have read, understand, and agree to be bound by these Terms in order to access and use the Site. Please contact us if you have any questions about these Terms.
