Your Agreement with Grotek Manufacturing,
Inc:
Welcome to the Grotek website.
Following are the terms and conditions that govern your use of this
site (www.grotek.net).
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL
AGREEMENT BETWEEN YOU AND GROTEK MANUFACTURING, INC. ("GROTEK" "WE" OR "OUR").
PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY
BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY USING THIS WEBSITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Grotek. All of the content
featured or displayed on this website, including, but not limited
to, text, graphics, photographs images, moving images, sound, illustrations
and software ("Content"), is owned by Grotek, its licensors
and its content providers.
All elements of the Grotek website, including, but not limited
to, the general design and the Content, are protected by trade
dress,
copyright, industrial design, trademark and other laws relating
to intellectual property
rights. Except as explicitly permitted under this or another agreement
with Grotek or one of its subsidiaries, no portion or element
of this website or its Content may be copied or retransmitted via
any means and this website, its Content and all related rights
shall remain
the exclusive property of Grotek or its licensors unless otherwise
expressly agreed. You agree toindemnify Grotek, its subsidiaries,
its affiliates and licensors against any losses, expenses, costs
or damages incurred by any or all of them as a result of any breach
of
the terms of this Agreement or any unauthorized use of the Content
and related rights.
Trademarks
"Grotek," "Science For Plants," "Grow big... grow Grotek," "Grotek
Analytical Lab," are Canadian registured or pending
trademarks of Grotek or its subsidiaries or its licensors or
third-party content providers and are registered or pending in
other countries.
Other product and company names mentioned herein may be the trademarks
of their respective owners or Grotek.
Copyright Notice
Copyright © 2004 Grotek Manufacturing, Inc.
and/or its suppliers, #284 - 505 - 8840 - 210th Street, Langley,
B.C. V1M 2Y2 Canada.
All rights reserved.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND
GROTEK EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW
ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR
PURPOSE. GROTEK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE
ARE NOT WARRANTED
TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GROTEK, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated
in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise required
by
applicable law, neither Grotek nor its directors, employees,
licensors,
content providers, affiliates or other representatives will
be liable
for damages
of any kind (including, without limitation, lost profits,
direct, indirect, compensatory, consequential, exemplary,
special,
incidental, or punitive
damages) arising out of your use of, your inability to use,
or the performance of this website or its Content whether
or not
we have
been advised of the possibility of such damages.
Grotek uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Content, but we make no representations
or warranties as to the Content's accuracy, correctness or
reliability.
There may be links to other websites from the Grotek website;
however, these other websites are not controlled by Grotek
and we are not responsible for any content contained on any
such website
or any loss suffered by you in relation to your use of such
websites. You waive any and all claims against Grotek regarding
the
inclusion of links to outside websites or your use of those
websites.
Some US states and foreign countries do not permit
the exclusion or limitation of implied warranties or liability
for certain
categories of damages. Therefore, some or all of the limitations
above may
not apply to you to the extent they are prohibited or superseded
by state
or national provisions.
Governing Law and Venue
This Agreement shall be interpreted, construed
and governed by the laws of the Province of British Columbia, Canada,
without reference
to
its laws
relating to conflicts of law or the provisions
of the 1980 United
Nations Convention on Contracts for the International Sale
of Goods. Venue for all disputes arising under this Agreement
shall
lie exclusively
in the Supreme Court of the Province of British Columbia,
Canada. Users of this website agree that any and all disputes arising
from
the
use of this
website, or the ordering of materials from this website,
shall be settled by binding arbitration. Notwithstanding
the foregoing,
however,
Grotek
shall have the right to commence and prosecute any legal
or equitable action or proceeding before any non-Canadian
court of competent
jurisdiction
to obtain injunctive or other relief in the event that, in
the opinion of Grotek, such action is necessary or desirable.
No Waiver, Severability
No action of Grotek, other than an express written waiver
or amendment, may be construed as a waiver or amendment
of any of these
Terms and
Conditions of Use. Should any clause of these Terms and
Conditions of Use be found unenforceable, wherever possible this
will
not affect any other clause and each will remain in full
force and
effect.
We reserve the right to change these Terms and Conditions
of Use prices, information and available contractual license
terms
featured
on this
website without notice. These conditions set out the entire
agreement between Grotek and you relating to your use of
this website.
Exclusions
Any rights not expressly granted herein are reserved.
Contact
If you have any questions about the above terms and conditions
and your use of this site, please contact:
Website Administrator
Grotek Manufacturing, Inc.
#284 - 505 - 8840 - 210th Street,
Langley, B.C. V1M 2Y2 Canada
webmaster@grotek.net
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