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Terms of Use

Farmex Incorporated “Farmex” provides this web site and the related goods or services to you subject to the following Terms of Use. If you visit Farmex’s web site or use a good or service of Farmex, you accept these terms. Please read them carefully.

Representations, Warranties and Covenants

User represents and warrants that use of this web site will comply with all applicable governmental laws and regulations. Farmex and its affiliates, suppliers, and business partners make no representations about the suitability, accuracy, currency, or completeness of the information contained in the documents or of any graphics, content, or services published or offered on this site for any purpose. All such documents, graphics, content and services are provided "As-Is" without warranty of any kind.

Disclaimer

To the fullest extent permissible, Farmex and its affiliates, suppliers and business partners hereby disclaim all warranties expressed or implied, including, but not limited to, implied warranties of merchantability, performance, and fitness for a particular purpose, with regard to the documents, any information contained therein, any content, and the services, features, functionalities, and availability of Farmex’s web site, your use of the web site and the results of such use. Without limiting the foregoing, Farmex specifically disclaims any warranty (A) that the web site and services will be uninterrupted or error-free, (B) that defects will be corrected, (C) that there are no viruses or other harmful components, (D) that the security methods employed will be sufficient or (E) regarding correctness, accuracy, completeness, availability, or reliability of the information contained on Farmex web site.

While every reasonable attempt has been made to check on the validity of the information provided on the web site, we cannot guarantee that the information provided is without error.

Limitation of Liability

Farmex shall not be liable for (i) any indirect, special, punitive, incidental or consequential damages of any character arising out of or in relation to its web site, products and services available on such site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Farmex has been advised of the possibility of such damages, or (ii) any claim or damages attributable to errors, omissions, or other inaccuracies in the Farmex web site or any Farmex product or service. Farmex' s sole obligation, and user's exclusive remedy, for any action or claim by user under this agreement shall be limited to user's termination of the use of those site and services. The limitations set forth in this section shall apply even if any other remedies fail of their essential purpose.

Indemnification

User shall indemnify Farmex, its officers, directors, employees, partners and agents from and against all damages, costs, expenses (including reasonable attorneys' fees), claims and liabilities arising out of use of this web site. The party claiming indemnification under this Section (the "Claimant") shall notify the indemnifying party as soon as practicable in writing of any demand, action, arbitration, investigation or other proceeding brought or threatened to be brought against the Claimant. The indemnifying party shall defend such claim, and pay all costs and expense of such defense, including attorneys' fees, and any liability resulting there from. The indemnifying party shall be entitled to exercise exclusive control over any such defense and all negotiations for its settlement or compromise. No settlement or compromise that adversely affects the rights or obligations of the Claimant shall be binding on the Claimant without its written consent.

Governance

These Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to its conflict of laws provisions or User's actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. These Terms of Use and any related agreements between the parties with respect to the subject matter hereof supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Farmex.

Limitations; Reservation of Rights

User shall not and shall not allow others to harm or jeopardize Farmex’s services, web site or software, and shall not reverse engineer, decompile, or otherwise attempt to discern proprietary information embodied in Farmex's websites, software, or services. Farmex reserves all of its right, title and interest in its intellectual property rights, including trademarks, patents, copyrights, trade secrets and other intellectual property rights. Unauthorized use of our web site or our intellectual property will be prosecuted to the maximum extent possible.

Farmex, Incorporated (“Farmex”) provides goods and services to you subject to the following Privacy Policy. If you visit our web site or use a good or service of Farmex, you accept the Privacy Policy provisions. Please read them carefully.

PRIVACY

Use of our web site and services, purchase of our products may require personal user information to be stored on our servers, and users may request data by submitting their e-mail. When you send us an e-mail, we will collect your e-mail address. Farmex does not resell any information that is collected to outside parties. Farmex makes every effort to ensure the security of your information while the information is stored with Farmex. In the event you move from our web site to a third party’s web site, it is your responsibility to ascertain the security and privacy policies of any such third party, and Farmex cannot speak for those companies on privacy and security issues. If you would like to know more or have a question, please e-mail marketing@farmexinc.com. We reserve the right to alter our Privacy Policy as necessary and/or required, and any alterations to this Privacy Policy will be posted on our Web site in a timely manner.

What information does Farmex collect?

Farmex collects two kinds of information: anonymous and personally identifiable. Anonymous information is not associated with specific individuals. For instance, Farmex may know how many unique browsers view this Privacy Policy today, but we don't know the names or addresses of the individuals at that browser. Personally identifiable information reveals who you are and/or how you can be contacted. Personally identifiable information is stored by Farmex such period of time as we deem necessary, and it may be indefinitely.

The information we learn from helps us personalize and continually improve your experience with Farmex. Here are the types of information we gather.

Information You Give Us: We receive and store any information you enter on our web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, improving our contacts, and communicating with you.

Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Farmex’s web site.

Information from Other Sources: We also might receive information about you from other sources and add it to our information; however, Farmex does not resell this information.

What are cookies, and how does Farmex use them?

Farmex collects anonymous information through cookies. A cookie is a small piece of data containing a unique identification number that is sent to your browser from a web server, and is stored on your computer's hard drive. The unique ID number identifies your browser to Farmex’s computers whenever you use a Farmex service. Cookies do not enable anyone to access personally identifiable information that you have not already given them.
Cookies are part of the technology implemented by your browser. Most browsers are initially set up to accept cookies. You can reset your browser to either notify you when you have received a cookie, or to refuse them all together. To find out more about cookies, to accept or disable cookies, visit the websites of your browser provider. Cookies allow you to take full advantage of some of Farmex’s most important features, and we recommend that you leave them turned on.
Farmex uses both static and temporary cookies. Static cookies stay with your browser, whereas temporary cookies go away after you close your browser. Farmex uses static cookies in order to recognize you between visits. Farmex uses temporary cookies to store information about your current visit to the site. That information goes away when you close your browser or shut down your computer. If you choose to not accept cookies,
What information does Farmex log?
When you surf the Internet, your browser automatically transmits information to the web sites you visit, including Farmex. Such information includes referral data (URL of the web page you were on before coming to Farmex), IP address and your browser version. Farmex collects this information to help improve services. All the information that is automatically submitted by your browser is considered anonymous.

What is Farmex’s information retention policy?

To preserve the integrity of our databases, standard procedure calls for us to retain information for an indefinite length of time. If required by law, as is the case to comply with the Children's Online Privacy Protection Act (COPPA), we will nullify (scramble so that it is unrecognizable) customer information. We will also respond to written customer requests to nullify personally identifiable information. If you wish to make such a request, which requires that we verify your identity, or if you have any questions regarding this policy, contact Farmex’s Marketing Department at marketing@farmexinc.com.

With whom does Farmexshare information?

When you submit information to Farmex, it is generally collected, processed and maintained solely by us; however, Farmex may share, but not resell, such information as described below:

Suppliers or Affiliated Businesses We Do Not Control: We work closely with suppliers and affiliated businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.

Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links). They have access to personal information needed to perform their functions, but may not use it for other purposes.

Promotional Offers: Sometimes we send offers to selected groups of Farmex customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust your customer preferences.

Business Transfers: We might sell or buy certain products or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that Farmex, or substantially all of its assets are acquired, customer information will, of course, be one of the transferred assets.

Protection of Farmex and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Farmex, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

How Secure Is Information About Me?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to completely sign off when you are finished using a shared computer.

Links to Third Party Web Sites and Services

Farmex’s web site links to third party web sites and services. We do not provide any personally identifiable information to these third-party websites. The linked web sites and services are not under the control of Farmex and Farmex is not responsible for the contents, services, or availability of any linked web site or service or any further link contained in a linked third party web site or service. Farmex provides these links as a convenience to you, and the inclusion of any link does not imply that Farmex is specifically authorized to provide such link, nor is it an endorsement by Farmex of any third party, their web site, service or their products or services.

These third-party websites sometimes use technology to send (or "serve") the advertisements that appear on our website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Networking Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection.

What Choices Do You Have? As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain Farmex services.

You can add or update certain information. When you update information, we usually keep a copy of the prior version for our records.
If you do not want to receive e-mail or other mail from us, please adjust your customer preferences. If you do not want to receive Terms of Use and other legal notices from us, such as this Privacy Policy, those notices will still govern your use of Farmex’s web site, and it is your responsibility to review them for changes.)
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the web site of its manufacturer. However, cookies allow you to take full advantage of some of Farmex’s useful features, and we recommend that you leave them turned on.
There are products that offer anonymous browsing. In addition, the Federal Trade Commission provides useful information about online privacy on its own web site.

Conditions of Use, Notices, and Revisions

If you choose to visit Farmex’s, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Colorado. If you have any concern about privacy at Farmex, please contact us with a thorough description, and we will try to resolve it.

Our business changes constantly, and our Privacy Policy and the Terms of Use will change also. You should check our web site frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Information Regarding Persons Under 13

Farmex will not knowingly request personal information from anyone under the age of 13. If we become aware that any individual under the age of 13 provided us their personal information through our web site, we will immediately remove his or her personal information from our files.