Terms & Conditions
By using our Site, you are agreeing to the following terms and conditions of use. Please review the following terms and conditions carefully.
1. Acceptance of Agreement. By using this Site, or accessing any information on this Site, you agree to these terms and conditions of use. These terms and conditions constitute the entire and only agreement between Ag Spray Equipment and you. Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of this agreement, are specifically disclaimed. These terms and conditions may be amended at any time by us without notice to you. The latest terms and conditions will be posted on the Site. You should review this agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the "look and feel" of this Site, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Ag Spray Equipment. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Paragraph 4, is strictly prohibited.
3. Trademarks. All trademarks and tradenames used on this site are trademarks or registered trademarks of Ag Spray Equipment. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Paragraph 4, is strictly prohibited. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited Right to Use. You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal use. You may not republish, distribute, assign, sublicense, sell, create a derivative work or make other use of the content of this Site. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. In no case may you resell or redistribute any such content or information.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold Ag Spray Equipment, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this agreement or use of the Site, including the violation of any copyright or trademark.
7. Disclaimer of Liability.
a. THE INFORMATION PROVIDED FROM OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PROVIDED AT THIS SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. Ag Spray Equipment SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION PROVIDED AT THIS SITE. IN NO CASE SHALL THE PROVISION OF ANY INFORMATION TO YOU BY THIS SITE CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
b. Ag Spray Equipment 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 FIMCO INDUSTRIES.
c. Ag Spray Equipment WILL NOT BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE OUR SITE. FURTHER, AND WITHOUT LIMITATION, Ag Spray Equipment ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
d. YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
8. Limitations on Information. All standards, specifications, technical discussions, and reports included on this web site are advisory only. Reliance on the contents of this Site for any purpose by you is at your sole risk. In compiling this web site, Ag Spray Equipment has made a determined effort to present its contents accurately. Ag Spray Equipment is not responsible, however, for any claim traceable to any errors (typographical or otherwise) as contained herein.
11. Links to Other Web Sites. The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and Ag Spray Equipment has not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) Description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
13. Information and Press Releases. The Site contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
14. Miscellaneous. a. This Agreement shall be treated as though it were executed and performed in Union County, South Dakota, and shall be governed by and construed in accordance with the laws of the State of South Dakota (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these terms and conditions of use. b. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. c. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in state or federal courts located in Union County, South Dakota. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. d. Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this agreement shall remain in full force and effect. e. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall control. f. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
We hope that you enjoy your visit and find our web site informative.