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Terms of Use

GENERAL

Welcome to DE36 web site. In the interest of continuing to build trust with our customers we want you to understand that through use of our web site you are deemed to agree to the terms set forth below as of the date of such use. If you do not want to be subject to these terms please do not use our web site DE36 may periodically change these terms and you should review them often. These Terms of Use were last updated on November 16, 2009.

Information Exchange

As part of your use of this web site, we may obtain certain information about you which we will hold in confidence according to these Terms of Use and our Privacy Policy; please click here to read our Privacy Policy describing how we will and will not use information. By using information you submit when you visit this web site, DE36 may send you emails or other communications on various topics such as news related to organic standards, information on specific products, and information about our Company.

Provided that DE36 will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by DE36 via this web site, may be treated as non-confidential. You agree that all such information may be used by DE36 for any purpose without compensation to you.

With regard to the content of any submissions you make to DE36 through this web site, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this web site that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

LINKS

As a convenience, DE36 provides links on the web site that allow you to connect with third party web sites that are not under our control. The link to a third party web site provided on this web site does not imply endorsement of or responsibility for such linked web site by DE36 and we are not responsible for any information you submit to them, their contents, privacy policies or other practices.

ONLINE FORUMS

Guests may post comments, suggestions, questions and other content in our online forums so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." DE36 reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant DE36 a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DE36 the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DE36 for all claims resulting from content you supply. DE36 takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright and Trademark

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of DE36, or to another party that has licensed their material to DE36 and is protected by United States and international copyright laws. The content of this web site is not intended to be a comprehensive compilation of all DE36 worldwide proprietary ownership rights, and DE36 may own or control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of DE36. All rights not expressly granted are reserved. DE36’s trademarks and trade dress may not be used in connection with any product or service that is not DE36’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DE36.

Your use of the materials included on this web site is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this web site in any way. You agree to indemnify, defend and hold harmless DE36 for any and all unauthorized uses you may make of any material on the web site You acknowledge the unauthorized use of the contents could cause irreparable harm to DE36 and that in the event of an unauthorized use, DE36 shall be entitled to an injunction in addition to any other remedies available at law or in equity.

COPYRIGHT COMPLAINT PROCEDURE

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying DE36 that your copyright has been violated.

Please provide the following information in the following format (including Section Numbers):

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the web site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this web site should be emailed or mailed to:

Terra Lawn Products
3809 Northpark Dr
The Colony TX 75056

1-888-618-3772 (toll free)

 

We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

Health Information

All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties and unless specifically stated, DE36 does not vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.

While we work to ensure that product information is correct, on occasion a manufacturer may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Web site For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or one of your animals consuming a product. For additional information about a product, please contact the us. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, vet, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our Web site or on any third-party websites accessed through our Web site You should always consult with your physician or vet prior to changing one of your animals diet, or undertaking any new diet or exercise program or using any health-related information. Contact your vet or health-care provider immediately if you suspect that you or one of your animals have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither DE36 nor the manufacturer assumes any liability for inaccuracies or misstatements about products.

DISCLAIMER AND LIMIT OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND DE36 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means Terra Lawn Products, its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

DE36 does not guarantee that the functions contained on this web site will be uninterrupted or error-free, that this web site or its server will be free of viruses or other harmful components, or that defects will be corrected even if DE36 is aware of them.

Please understand that DE36 disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this web site, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this web site; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this web site or any portion of this web site; (5) your use of this web site; or (6) your use of any equipment or software in connection with this web site

Children

Parents should always supervise their children while online. DE36's web site is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this web site

Jurisdictional

Use of this web site shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, as they apply to agreements made and solely performed in Nevada. Disputes arising based on this web site or in any way related to this web site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Texas, and jurisdiction therefore shall be solely in Texas.

DE36 makes no representation that materials in this web site are appropriate or available for use in other locations. If you access this web site from outside the United States, please understand that this web site may contain references and/or links to products and services that are not available or are prohibited in your country.

ENTIRE AGREEMENT

These Terms of Use incorporate by reference any notices contained on this web site and constitute the entire agreement with respect to your access to and use of this web site If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.

PRIVACY & SECURITY

For an explanation of DE36's practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of DE36's web site, please read our Privacy Policy. By accessing this web site, you are consenting to our information collection and use practices described in these Terms of Use.

DE36 has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this web site This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk

 



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