Terms of Use

AgriPower, Inc., AgriPower Manufacturing & Services, Inc., or its subsidiaries are referred to herein as "AgriPower." Throughout the website, the terms “we”, “us” and “our” refer to AgriPower. “Website” refers to www.agripowermanufacturing.com. By visiting our website you agree to be bound by the following Terms and Conditions. “You” means the individual accessing or using the website, or the company, or other legal entity on behalf of which such individual is accessing or using the website, as applicable. “Terms” mean these Terms and Conditions that form the entire agreement between you and AgriPower regarding the use of the website.

These Terms set out the rights and obligations of all users regarding the use of the website. We offer all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. These Terms apply to all visitors, users, and others who access or use our website.

If you have additional questions or require more information about the Terms of Use, do not hesitate to contact us.

Please read the Terms of Use carefully before using the website. By accessing our website, you hereby agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the website. AgriPower reserves the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

AgriPower reserves the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, use the website, or access the website or any contact on the website, without express written permission by us.

By using the website, you represent that you are at least 18 years of age. AgriPower does not permit those under 18 to use the website.

AgriPower respects the intellectual property rights of others. It is our policy to respond to any claim that content posted on the website infringes a copyright or other intellectual property infringement of any person. You may submit a claim by providing our Copyright Agent with the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the website where the material that you claim is infringing is located.
• Your address, telephone number, and email address.
• 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.
• 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.

AgriPower reserves the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website.

AgriPower is not responsible if the information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. AgriPower reserves the right to modify the contents of this website at any time but has no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

Your submission of personal information through the website is governed by our Privacy Policy. For more details, please review our Privacy Policy.

If, at our request, you send certain specific submissions or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments. We reserve the right to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

The website and its original content (excluding content provided by you or other users), features, and functionality are and will remain the exclusive property of AgriPower and its licensors. The website is protected by copyright, trademark, and other laws in both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AgriPower.

Certain content, products, and services are available via our website may include materials from third parties. Third party links on this site may direct you to third-party websites that are not affiliated with us.AgriPower has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. AgriPower is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

You further acknowledge and agree that AgriPower shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. AgriPower reserves the right to terminate your use of the website or any related website for violating any of the prohibited uses.

The website and all products and services delivered to you through the website are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, statutory or otherwise, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage, or trade practice.  

Without limiting the foregoing, neither Agripower nor any of our providers make any representation or warranty of any kind, express or implied:(i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted, timely, secure, or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or emails sent from or on behalf of AgriPower are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

To the maximum extent permitted by applicable law, in no event shall AgriPower, our, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation to, (i) damages for loss of profits or loss of revenue, loss of data or other information, business interruption, personal injury, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the website or any products procured using the website; (ii) loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of these Terms; or (iii) for any other claim related in any way to your use of the website or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content or product posted, transmitted, or otherwise made available via the website.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

You agree to indemnify, defend and hold harmless AgriPower, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third party.

The laws of the United States, excluding its conflicts of law rules, shall govern these Terms and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.

If you have any concerns or disputes about the website, you agree to first try to resolve the dispute informally by contacting AgriPower.

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time when you cease using our website. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by us on this site or for the website constitute the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

You can review the most current version of the Terms of Use at any time on this page. AgriPower reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.