TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. This website (the “Website” or “www.cottonacres.com”) is provided by AGRICA LLC. (“CottonAcres”), subject to these terms and conditions of use (“Terms and Conditions”). By using this Website, you and your agents (“you” or “yours”) are deemed to have agreed to these Terms and Conditions. The Services (as defined below) provided to you through this Website include Services provided on www.cottonacres.com.
Use of Services
CottonAcres now offers or in the future may offer the following services as well as other additional services on www.cottonacres.com:
Products and services for sale
Newsletters, catalogs and other publications
Bulletin boards, chat rooms and social media content
Articles and other information of interest
Contests and Giveaways
Links to third party websites
As provided by CottonAcres, these functions are collectively referred to as the “Services”. CottonAcres may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. CottonAcres reserves the right to modify, deny or suspend the Services at any time with or without notice to you.
To use the Services, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain including equipment and modem or other access device.
Pricing and Item Availability
We may change our price and item availability or correct an error in our price or item availability at any time and without notice. Any price listed on this site is subject to confirmation. We reserve the right, at our sole discretion, to limit the quantity of items that you may buy.
While we make every reasonable effort to deliver items to you as quickly as possible, there may be delivery delays that are beyond our control. We will attempt to notify you if delivery is delayed, where possible. We reserve the right, at our sole discretion, not to ship to certain addresses.
In order to obtain access to the non-public portions of the Website and certain Services, you must register with the site with a username and password. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify www.cottonacres.com in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect the www.cottonacres.com Services. CottonAcres is not responsible for any loss or damage arising from your failure to comply with the provisions of this section. Only authorized users are eligible to participate in certain Services offered on the Website.
You agree not to use or display trademarks without the prior written consent of CottonAcres or the owner of such marks.
Website Content; Copyright
You may not download (other than caching) or save a copy of the Website Content or any portion thereof, for any purpose, except that you may print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on and are not removed from the printed or stored images of such screens. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Website Content, without the express prior permission of CottonAcres. Any other modification of Website Content or use of Website Content for any other purpose is a violation of the rights of CottonAcres or third parties. If you believe that any content on the Website has been copied in a way that constitutes copyright infringement, please notify CottonAcres.
No License Granted
Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of CottonAcres or third parties.
User Content; Forums
Information, data, text, music, sound, photographs, graphics, video, messages and other materials that you may post to the Website or supply to CottonAcres are collectively referred to as “User Content”. By posting User Content on or through www.cottonacres.com, you agree that you are solely reason and dissemination of, and that you, and not CottonAcres, are entirely responsible for, your User Content.
By submitting or sending User Content to www.cottonacres.com or otherwise making User Content available for display on or through the Website, you grant CottonAcres the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
CottonAcres does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Website. However, CottonAcres reserves the right (but assumes no obligation) to, in its sole discretion, refuse, edit or remove any User Content that, in CottonAcres’s sole discretion, is determined not to comply with these Terms and Conditions, is illegal or is otherwise undesirable, inappropriate, offensive or inaccurate. CottonAcres is not responsible for refusing, editing or removing any User Content or any failure to do so.
You understand and agree that your use of the Services entitles CottonAcres to use, monitor and preserve copies of all User Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that User Content violates the rights of third parties, protection of the personal safety of any person or protection of the property rights of CottonAcres or any other person or entity. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF USER CONTENT.
You understand and agree that all information, data, User Content and other material provided in the Services is the responsibility of the person or entity providing such content. In the event that CottonAcres permits you to upload, post, email or otherwise transmit information for display on the Website, you will be responsible for all User Content that you upload, post, email or otherwise transmit using the Services. Likewise, you are responsible to respect third party rights with respect to all content that appears on the Website and not to download, email or otherwise transmit such content in violation of such third party rights.
You may not upload, post, email or otherwise use the Website to transmit or store any User Content that:
(i) infringes any patent, copyright, trademark, publicity, privacy or other proprietary rights of any party or person;
(ii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another’s privacy or hateful;
(iii) victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
(iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters” or any other form of solicitation, except in those areas of the Website that are intended and designated for such purpose, provided that even in those areas, your User Content will comply in all respects with the provisions hereof; or
(v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or any other similarly destructive activity.
You agree that, in connection with your use of the Website, you will not:
(i) “stalk” or harm any other user or any other person or entity in any way;
(ii) impersonate any person or entity, including, but not limited to, a CottonAcres officer, director or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Website;
(iv) disrupt the normal flow of dialogue in a forum;
(v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(vi) “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website;
(vii) use any data mining tools, robots or similar data gathering or extracting tools in connection with the Website;
(viii) harvest, collect or store information about the users of this Website or the User Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website; or
(ix) violate any applicable local, state, national or international law or regulation.
No Resale Of Services
You agree to use the Services solely for your own personal or internal business purposes and not to use or exploit any portion of the Website or the Services for commercial purposes not related to your business on www.cottonacres.com.
You may be able to link to third parties’ websites (“Linked Sites”) from www.cottonacres.com. CottonAcres does not control and is not responsible for any Linked Sites, including without limitation, for the content, availability, advertising, products or other materials of such Linked Sites, or any additional links contained therein. These links do not imply CottonAcres’s endorsement of or association with the Linked Sites. COTTONACRES MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. You should be aware that your use of any Linked Site is subject to any terms and conditions, including privacy policies, applicable to that site.
Disclaimer Of Warranties
PRODUCTS OBTAINED THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED WITH STANDARD PRODUCT WARRANTIES APPLICABLE TO SUCH PRODUCTS. [Verify.] THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COTTONACRES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OR OTHERWISE OF THE WEBSITE OR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COTTONACRES MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE OR SERVICES IS TO CEASE TO USE THE WEBSITE OR SERVICES.
Important Notice: Use Restriction
The seed sold is proprietary to or licensed to CottonAcres. CottonAcres grants to buyer, a limited, non-exclusive, non-transferable right to use the product licensed hereunder for the sole purpose of production of a single crop for processing and/or fresh market and/or flower crop. Buyer agrees that buyer is not acquiring any rights to use the seed for purposes other than production of a single crop for processing and/or fresh market and/or flower crop. Buyer shall not reproduce (sexually or asexually) said seed or transfer said seed, nor subject the seed or plants produced therefrom (nor their pollen or any other plant part) to any breeding, sexual or asexual propagation, biotechnology process, or any other genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques. Export of this seed and the crop produced therefrom for planting, breeding, sexual or asexual propagation, and/or biotechnology purposes is prohibited.
Notice of Required Arbitration
Under the seed laws of several states, arbitration is required as a prerequisite to maintaining certain legal actions, counterclaims, or defenses against a seller of seed, including claims for failure of seed to produce as represented. In those states, as well as in states in which arbitration is provided but not required, the consumer shall file a complaint (sworn for AL, AR, CO, FL, IN, MN, MS, NC, SC, TX, WA; signed only for CA, GA, ID, IL, ND, SD) along with the required filing fee (where applicable) with the Commissioner or other responsible seed official as specified within such time as to permit inspection of the crops or plants during the growing season. A copy of the complaint shall be sent to the seller of the seed by certified or registered mail.
Limitation Of Liability
YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY LOSS OR DAMAGES SHALL BE, AT YOUR OPTION, REFUND OF THE PURCHASE PRICE OF THE GOODS SOLD OR REPLACEMENT IN KIND AND QUANTITY. IN NO EVENT WILL COTTONACRES, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY OTHER EXEMPLARY, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE THE WEBSITE, EVEN IF COTTONACRES OR ITS REGISTERED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE OR THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold CottonAcres, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Website or the Services, any violation of these Terms and Conditions by you, or any User Content you post on or through the Website. CottonAcres shall provide notice to you promptly of such claim and shall reasonably cooperate with you, at your expense, in your defense of any such claim.
General Practices Regarding Storage
You understand and agree that CottonAcres may from time to time establish and revise practices and limitations concerning your use of the Services. You agree that CottonAcres shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Website or transmitted using the Website or the Services.
Termination of Registration
You acknowledge and agree that CottonAcres may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what CottonAcres, in its sole discretion, deems to be an extended period of time; (ii) CottonAcres believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that CottonAcres deems objectionable. You agree that any termination of your access to the Website or the Services shall not result in any liability or other obligation of CottonAcres to you or any third party in connection with such termination.
Consent to Jurisdiction and Governing Law
Buyer consents to the exclusive jurisdiction of the courts of the Texas, Canada and agrees that this agreement shall be governed under the laws of the Texas, Canada. CottonAcres controls and operates this Website from our offices within the province of Texas. The laws of Texas, shall govern these Terms and Conditions and your use of the Website. Any claim or dispute with CottonAcres or relating in any way to your use of the Website resides exclusively in the courts of the state of Texas, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the state of Texas in connection with any such dispute. This Site can be accessed from all from other countries around the world. As each of these places has laws that may differ from those of the Texas, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the state of Texas, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the state of Texas and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.
Changes To Terms And Conditions
CottonAcres may change these Terms and Conditions from time to time and at any time, [with or without actual notice to you.] All such changes to these Terms and Conditions will appear on this page of the Website. By using the Website following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and CottonAcres and govern your use of the Website and the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services. 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. The failure of CottonAcres to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of this Agreement.