Terms of Use of SFP’s MTM Calculator (Rev. Date.: 01/08/2012)

 

Recital:
Specialty Fertilizer Products, LLC (hereinafter referred to as “SFP”) provides this More than Manure® (MTM) calculator (hereinafter referred to as “calculator”) to facilitate an understanding of an estimated amount of MTM required for a specific application to liquid manures. While SFP has considered many possible uses or misuses of the calculator in the application of MTM, it is unable to foresee all possible uses; and therefore, SFP cannot and does not warrant any of the calculator’s results. The calculator is provided for informational purposes only. SFP highly recommends that the user(s) thoroughly review and completely understand the labels of all SFP products when applying or using them. Should the user not understand the labeled instructions, including application directions as provided, he or she should contact SFP. Contact information is available on the web at www.sfp.com.

 

Therefore, with respect to the foregoing recital, by use of this calculator, the User agrees to the following terms and conditions accompanying the use of the calculator:

 

1) Copyright and Trademarks: The SFP calculator is protected under all applicable state or federal intellectual property laws. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, presentations, articles, compilation (meaning arrangement, assembly), as well as, software, is the property of SFP and protected by U.S. and international trademark and copyright laws. This site is for access of information for the intended purpose only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.

 

2) Limited Warranties and Disclaimer of Liability: SFP ASSUMES NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED ON THE CALCULATOR, NOR DOES SFP ASSUME ANY RESPONSIBILITY OR RISK ATTENDENT TO THE USE OF THE CALCULATOR WEBSITE.
FURTHERMORE, THE CALCULATOR IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BELOW, SFP EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER IN CONNECTION WITH THE CALCULATOR, WHETHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT).
WITHOUT LIMITING THE FOREGOING, SFP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE CALCULATOR OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED OR PRODUCED THEREON; (II) THAT THE CALCULATOR WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED THROUGH THE CALCULATOR;

 

IN NO EVENT WILL SFP BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS CALCULATOR, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

3) Remedies. The exclusive remedy or remedies for users of SFP products with claims under any legal theory is limited by the label of the respective product, the content of each pertinent label is incorporated herein by reference as if fully set forth herein. For reference, each label may be found at sfp.com.

 

4) Governing Law and Jurisdiction. These terms of use shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the state of Kansas, without giving effect to its conflict of law principles or any other principles that may result in the application of a different body of law. THE STATE or FEDERAL DISTRICT COURTS LOCATED IN or NEAREST TO JOHNSON COUNTY, OLATHE, KANSAS, USA, WILL CONSTITUTE THE SOLE AND EXCLUSIVE FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND YOU HEREBY IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND IRREVOCABLY WAIVE ANY OBJECTIONS THERETO.

 

5) These terms are subject to change by SFP at any time without Notice to the user.

© 2014 SFP. All Rights Reserved.  
SFP, AVAIL, NutriSphere-N, N-N, More Than Manure and MTM are registered trademarks of Specialty Fertilizer Products (SFP), LLC.
All Markets