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Terms and ConditionsThis page states the terms and conditions (the "Terms and Conditions") under which you may use AgriPlant Direct (the "Web Site"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason. Use of Web Site Content. AgriPlant Direct authorises you to view and download a single copy of the material on the Web Site solely for your personal, non-commercial use. The contents of this Web Site such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, "Web Site Content"), are protected under UK, European and other copyright, trademark and other laws. All Web Site Content is the property of AgriPlant Direct. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of AgriPlant Direct and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that AgriPlant Direct creates to generate any Web Site Content. It is also protected by AgriPlant Direct copyright. Acceptable Site Use. General Rules: Users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person. Users are prohibited from violating or attempting to violate the security of AgriPlant Direct including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to any AgriPlant Direct, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AgriPlant Direct will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. Specific Prohibited Uses. AgriPlant Direct specifically prohibits any use of any AgriPlant Direct, and all users agree not to use, or allow any party under their control to use, any AgriPlant Direct, for any of the following: Posting any incomplete, false or inaccurate information or information which is not your own. Using the AgriPlant Direct database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a AgriPlant Direct. Deleting or revising any material posted by any other person or entity. Using any device, software or routine to interfere or attempt to interfere with the proper working of AgriPlant Direct or any activity being conducted on this Web Site. Taking any action which imposes an unreasonable or disproportionately large load on any AgriPlant Direct infrastructure. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search any AgriPlant Direct other than the search engine and search agents available from AgriPlant Direct and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any AgriPlant Direct. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from AgriPlant Direct. Framing of or linking to any of the Web Site Content or information available from AgriPlant Direct. User Information When you register for the Web Site, you will be asked to provide AgriPlant Direct with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that AgriPlant Direct may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. AgriPlant Direct will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. AgriPlant Direct reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by AgriPlant Direct or by third parties. User Submissions As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using AgriPlant Direct you agree not to, do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. AgriPlant Direct does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. AgriPlant Direct acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, AgriPlant Direct may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. AgriPlant Direct has no liability or responsibility to users for performance or non-performance of such activities. AgriPlant Direct reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. AgriPlant Direct may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for AgriPlant Direct or may cause AgriPlant Direct to lose (in whole or in part) the services of its ISPs or other suppliers. Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the listing or are otherwise misleading contained in a listing posting are prohibited. We appreciate hearing from our customers and welcome your comments regarding our services and the AgriPlant Direct. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be the property of AgriPlant Direct. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. AgriPlant Direct shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission. Registration and Password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify AgriPlant Direct of any unauthorised use of your registration or password. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement. If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information: The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf; A description of the copyrighted work you claim has been infringed and a description of the activity that You claim to be infringing; Identification of the URL or other specific location on this Web Site where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; Your name, address, telephone number and, if you have one, your e-mail address; A statement by you that you have a good faith belief that use on the Web Site of the copyrighted work in the manner you are complaining of is not authorised by the copyright owner, any agent of the copyright owner or the law; and A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that You are either the copyright owner or are authorised to act on behalf of the copyright owner. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others. AgriPlant Direct respects the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site of any users who repeatedly infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked. AgriPlant Direct Liability AgriPlant Direct are only a venue. This Web Site acts as a venue for people to post listings and does not screen or censor the listings offered. AgriPlant Direct is not involved in the actual transaction between employers and candidates. As a result, AgriPlant Direct has no control over the quality, safety or legality of the listing posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, AgriPlant Direct cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on AgriPlant Direct, in the event that you have a dispute with one or more users, you release AgriPlant Direct (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and the other AgriPlant Direct. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using AgriPlant Direct. The Web Site Content may contain inaccuracies or typographical errors. AgriPlant Direct makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to AgriPlant Direct and may be made at any time. You acknowledge and agree that you are solely responsible for the listing, content and accuracy of any listing or material contained therein placed by you on AgriPlant Direct. Advertisers are solely responsible for their postings on AgriPlant Direct. AgriPlant Direct is not to be considered to be an employer with respect to your use of AgriPlant Direct shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any AgriPlant Direct. AgriPlant Direct DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF AgriPlant Direct RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AgriPlant Direct IS NOT RESPONSIBLE FOR THOSE COSTS. AgriPlant Direct WARRANTY FOR SERVER AVAILABLITY FOR 30 DAY PLACED PAID ADVERTS WILL BE VIEWABLE FOR A MAXIUMUM OF 27 DAYS. ANY CLAIM AGAINST SERVER AVAILABLITY DURING THE 30 DAY PAID PERIOD MUST BE ACCOMPANIED BY DETAILS OBTAINED VIA TWO DIVERSE INTERNET CONNECTIONS OF DIFFERING LOCATIONS AND DIFFERING ISP’S. AgriPlant Direct MAKES NO WARRANTIES FOR SERVER AVAILABLITY DURING ANY FREE OR PROMOTIONAL PERIOD OFFERED WHICH DIRECTLY FOLLOWS ANY 30 DAY PAID ADVERTISING PERIOD. AgriPlant Direct AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AgriPlant Direct, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR AgriPlant Direct OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. AgriPlant Direct MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. Refunds and Cancellations ALL PAYMENTS PROCESSED ARE FINAL AND NO REFUNDS WILL BE GIVEN. If you wish to cancel while in the process of creating an advert please do not process the payment. Disclaimer of Consequential Damages TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AgriPlant Direct, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON ANY AgriPlant Direct BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY AgriPlant Direct AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AgriPlant Direct IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links to Other Sites The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by AgriPlant Direct of the contents on such third-party web sites. AgriPlant Direct is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk. No Resale or Unauthorised Commercial Use You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorised commercial use of AgriPlant Direct. Limitation of Liability TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY AgriPlant Direct OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £35. Termination AgriPlant Direct reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and/or immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by AgriPlant Direct, upon any breach by you of these Terms and Conditions or the terms and conditions of any AgriPlant Direct or if AgriPlant Direct is unable to verify or authenticate any information you submit to the Web Site registration. Indemnity You agree to defend, indemnify and hold harmless AgriPlant Direct, its officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a AgriPlant Direct, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. AgriPlant Direct shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. General AgriPlant Direct makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of the United Kingdom . Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the law of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English Courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and AgriPlant Direct with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. Additional Terms of Use. Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. |
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