Week 50 – December 11, 2018

Terms of Use

Please read the following Terms of Use carefully. They govern your use of the websites (the "Site") of Ball Horticultural Company ("Ball Horticultural," "we," "us," "our"). By accessing, viewing, downloading, or otherwise using this Site or any webpage or service available via this Site, you (the "User") acknowledge and agree to be bound by the following terms and conditions. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE, VIEW, DOWNLOAD, OR OTHERWISE USE ANY BALL HORTICULTURAL WEBPAGE, INFORMATION, OR SERVICES. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

All content on the Site, including the logo, articles, other text, and graphics (collectively, the "Site Content") is the intellectual property of Ball Horticultural or its licensors. The Site Content available on this Site are protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Ball Horticultural. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Ball Horticultural reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Ball Horticultural.

You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from Ball Horticultural; (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (d) that you understand that the use of the Site is at your own risk. The Site Content on Ball Horticultural may not be appropriate or functional for use outside the United States of America. Users located outside the United States use the Site understanding this limitation.

As part of your use of the Site, you may: (i) be required to submit certain content (including any name, contact information, business information, and other personal information); or (ii) choose to submit information via blog postings, contributory materials, or other user submitted information (collectively, "User Content"). By submitting any User Content to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights, including any intellectual property rights.

By using the Site and submitting User Content, you hereby grant Ball Horticultural a royalty-free, non-terminable, sublicensable, worldwide license to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit such User Content.

Ball Horticultural exercises no control over any content you or others submit while using the Site. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site. Ball Horticultural has no obligation to verify the identity of any Users when they are connected to Ball Horticultural or to supervise the content which has been provided by Users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Ball Horticultural by contacting us at the information provided below.

You may register for an account in order to use or access certain portions of the Site. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your account. If you suspect unauthorized use of your account, you agree to immediately change your password and notify Ball Horticultural.

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Use any device, robot, spider, script, automated process, or manual process or other means to harvest information about other Users or any Site Content.
  • Transmit, install, upload, or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any User's or any Ball Horticultural employee's computer or other medium used to access the Site.
  • Transmit, install, upload, or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. Ball Horticultural reserves the sole discretion to determine the nature of the material.
  • Transmit, install, upload, or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).
  • Modify the information, including headers, found on the Site.
  • Transmit, install, upload, or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam and phishing emails.
  • Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that Ball Horticultural determines is detrimental to the use and enjoyment of the Site.
  • Use the Site for any unlawful or defamatory means.
  • Transmit, install, upload, post, or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
  • Attempt to gain unauthorized access to another User's account on the Site.

If you engage in any activity set forth above or violate any other Terms of Service, your account will be terminated and use of the Site prohibited. Ball Horticultural will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

You acknowledge and agree that we may send you information and notices regarding our Site and/or services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our Site and/or services. You acknowledge, consent, and agree that we may access, preserve, and disclose your information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Ball Horticultural, its Users, and the public.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BALL HORTICULTURAL AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES, AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF OR CONNECTION TO THE SITE (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY), OR ANY USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE AND THE SITE CONTENT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE SITE CONTENT AND ANY SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. BALL HORTICULTURAL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BALL HORTICULTURAL MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES.

BALL HORTICULTURAL MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL(S) OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. IN PARTICULAR, THE SITE'S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. BALL HORTICULTURAL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BALL HORTICULTURAL DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

BALL HORTICULTURAL IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE. IN ADDITION, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO NONINFRINGEMENT, WHETHER EXPRESS OR IMPLIED. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

BALL HORTICULTURAL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS. THEREFORE, BALL HORTICULTURAL DISCLAIMS ALL LIABILITY FOR INACCURATE INFORMATION, FRAUD, NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER INAPPROPRIATE USE OF THE SITE.

BALL HORTICULTURAL DOES NOT GUARANTEE AND IS NOT OBLIGATED TO GUARANTEE THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SITE. BALL HORTICULTURAL, IN OUR SOLE DISCRETION, MAY INTERRUPT THE AVAILABILITY, ACCESSIBILITY, OR USABILITY OF OUR SITE, WITHOUT NOTICE, AT ANY TIME, WITHOUT ANY LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, BALL HORTICULTURAL IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF BALL HORTICULTURAL HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) THE SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

Ball Horticultural may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Ball Horticultural found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Ball Horticultural is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Ball Horticultural advertisers on the Site.

You may find links to other internet sites or resources on the Site. You acknowledge and agree that Ball Horticultural is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products, or other materials on or available from such sites or resources. Ball Horticultural will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of, or reliance on, any such Site Content, goods, or services available on or through any such site or resource.

Ball Horticultural uses third-party applications, hardware, software, and services in providing the Site's functionality to you. For the purposes of providing the Site's functionality to you, Ball Horticultural may deliver pass data, including, but not limited to, User Content, to such third parties.

Illinois law and controlling U.S. federal law govern any action related to the Terms of Use and/or your use of the Site. Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use. You and Ball Horticultural agree to submit to the personal and exclusive jurisdiction of the courts located within DuPage County, Illinois, U.S.A.

This Agreement contains the full understanding between the parties regarding the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether oral or written, with respect to such subject matter. If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

For any questions, comments or inquiries, you may contact us at:

Ball Horticultural Company
622 Town Road
West Chicago, Illinois 60185-2698
USA
Phone: (630) 231-3600

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