By using Ball Horticultural Company's (“Ball Horticultural,” “We,” “Us”) WebTrack To Go™ mobile application (the “App”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms”). We reserve the right to change the Terms by posting revisions to the App at any time. Your continued use of the App indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms at the start of each use of the App. If you do not agree to the Terms, you may not use the App.
License and User Conduct
Ball Horticultural grants you a limited license to access and make personal use of this App. However, you may not modify the App and/or create derivative works from the App, except with express written consent of Ball Horticultural. This App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ball Horticultural. Any unauthorized use of the App shall automatically terminate the license granted to you by Ball Horticultural for such use.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this App. You agree that Ball Horticultural may terminate your use of the App in Ball Horticultural's sole discretion for any reason.
If you are under eighteen (18) years of age, you may use the App only with involvement of your parent or guardian. Ball Horticultural reserves the right to refuse service and remove or edit content in its sole discretion.
Ball Horticultural has no obligation to monitor the App or content made available through the App; however, you acknowledge and agree that Ball Horticultural has the right to monitor the App and such content electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to provide content through the App properly, or to protect itself or others.
You shall be solely responsible for your actions, use of the App, and the contents of your transmissions through the App. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
This App may contain links to websites operated by a third party. The links are provided “as is.” You should be aware that you use them at your own risk. Ball Horticultural does not endorse, and Ball Horticultural is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within this App. Ball Horticultural is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Ball Horticultural 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 use of or reliance on any such content, goods or services available on such other sites. Ball Horticultural shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
You acknowledge that materials available on the App are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by Ball Horticultural or are used by permission. You may download or print copies of portions of the materials made available through the App, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark or patent notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the App. You may only use the materials and the Intellectual Property on the App as expressly permitted in these Terms and for no other purpose. If you submit comments, suggestions, ideas, images, video, or other content to Ball Horticultural (“Submissions”) through the App, you grant to Ball Horticultural a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
The following is a partial list of prohibited activities on or through the App: (1) using a robot, spider, script, automated process, or manual process to “scrape” the App's listings or content; (2) taking any action that imposes an unreasonable or disproportionately large load on Ball Horticultural's hardware or software infrastructure; (3) attempting to reverse engineer, decompile, disassemble or otherwise obtain the source code to the App; (4) engaging in or promoting any illegal activities; (5) engaging in any activity that markets another business or attracts Ball Horticultural customers to a third party; (6) posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BALL HORTICULTURAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APP WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APP HAS NOT BEEN VERIFIED, AND BALL HORTICULTURAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
BALL HORTICULTURAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability; Indemnification
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APP UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER BALL HORTICULTURAL, NOR ANY OF BALL HORTICULTURAL'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “BALL HORTICULTURAL ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APP OR INABILITY TO GAIN ACCESS TO OR USE THE APP OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BALL HORTICULTURAL OR AN BALL HORTICULTURAL ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BALL HORTICULTURAL IS TO STOP USING THE APP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT BALL HORTICULTURAL'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIFTY DOLLARS ($50).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BALL HORTICULTURAL AND THE BALL HORTICULTURAL ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE APP BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN BALL HORTICULTURAL AND YOU.
Where required, Ball Horticultural may give notice to you by posting content to you through the App, by electronic mail, or by conventional mail to your address of record. You may give notice to Ball Horticultural by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the App, or your dealings with Ball Horticultural, please e-mail or write to:
WebTrack To Go
Ball Horticultural Company
622 Town Rd.
West Chicago, IL 60185
Ball Horticultural welcomes your questions and comments.
The laws of the State of Illinois shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of DuPage County, Illinois for any action arising out of these Terms. Ball Horticultural may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The App is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the App is for you and/or your entity's use only. You may not sell, license, or otherwise provide access to the App to any third party without Ball Horticultural's express written permission.
Ball Horticultural shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the App, represent the entire understanding between you and Ball Horticultural regarding your relationship with Ball Horticultural and your use of the App. These Terms supersede all previous written or oral agreements between you and Ball Horticultural with respect to such subject matter. Notwithstanding any provision of these Terms, Ball Horticultural has available all remedies at law or equity to enforce these Terms.