- Legal Notices
Thank you for visiting Merschman Seeds’ Web site. By entering this Web site at http://www.merschmanseeds.com you as the user, hereby expressly and voluntarily consent to the following terms and restrictions governing any legal liabilities regarding the use or misuse of our Web site. Please note that Merschman Seeds reserves the right to modify this legal policy at its sole discretion of which, you the user, will be bound.
Please carefully read the following legal policy before utilizing this Web site.
General Use Terms and Restrictions
Merschman Seeds, Inc. at all times holds any and all right, title, and interest in and to the materials on this Web site. All materials on this Web site are the copyrighted work of Merschman Seeds. Merschman Seeds grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only for purposes associated with your interaction with this Merschman Seeds Web site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to this Web site or any materials contained on this Web site. You agree not to “frame” or “mirror” this Web site or any material contained on or accessible from this Web site on any other server or Internet-based device without the advanced written authorization of senior management of Merschman Seeds.
Disclaimer of Warranties
This Web site is presented to you without any warranty or guarantee of accuracy. Although the information on this Web site is presented in good faith and believed to be correct, Merschman Seeds does not represent or warrant the completeness, accuracy or timeliness of the materials provided on this Web site. Merschman Seeds has no liability for any errors or omissions in the materials, whether provided by Merschman Seeds or third parties. Furthermore, the availability of products on this Web site may change without notice to you at any time in Merschman Seeds’ sole discretion. Merschman Seeds makes no representations or warranties in connection with this Web site, including but not limited to the quality, suitability, truth, accuracy or completeness of any material, information, product, or service contained on this Web site. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed.
Limitation of Merschman Seeds’ Liability
Merschman Seeds will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with this Web site, including but not limited to, your use of this Web site or your inability to use this Web site, even if Merschman Seeds has previously been advised of the possibility of such damages.
The Merschman Seeds’ logo, Your Friend In The Field ®, Bonus Coated + ™ and all other products or services denoted with ™, SM, or ® are trademarks, service marks or registered trademarks of Merschman Seeds or other affiliated third parties. Use of such trademarks and service marks in connection with any product or service that is not a Merschman Seeds’ product or service, or that of an affiliated third party, is strictly prohibited.
Use of Third Party Trademarks on Web site
Merschman Seeds, Inc. uses third party trademarks on its Web site under binding contractual obligations with such third parties.
- Roundup Ready® is a registered trademark used under license from Monsanto Company.
- YieldGard® Plus, YieldGard® Corn Borer, YieldGard® Rootworm, YieldGard VT ™ and Design, YieldGard VT Triple ™, and YieldGard VT Rootworm/RR2 ™ are trademarks used under license from Monsanto Company.
- Respect the Refuge SM is a registered service mark used under license from Monsanto Company.
- Roundup WeatherMAX® is a registered trademark used under license from Monsanto Company
- Herculex® and the Herculex Shield Logo are registered trademarks of Dow AgroSciences LLC.
- Herculex® I Insect Protection technology by Dow AgroSciences and Pioneer Hi-Bred.
- Liberty®, LibertyLink®, and the LibertyLink logo are registered trademarks of Bayer CropScience.
- Poncho® 500 is a registered trademark of Bayer CropScience.
- Market Choices® is a registered certification mark used under license from American Soybean
- Trade Association (ASTA). America’s Alfalfa (logo) and Traffic Tested (logo) are registered trademarks of Land O’Lakes, Inc.
Links to Third Party Sites
Links to other sites on the World Wide Web that are not under the control of or maintained by Merschman Seeds do not constitute an endorsement by Merschman Seeds of any such sites. You acknowledge that Merschman Seeds is providing these links to you only as a convenience, and you agree that Merschman Seeds is not responsible for the content or links displayed on such sites.
Except where otherwise explicitly stated, all marketing or promotional materials found on this Web site are solely directed to individuals, companies or other entities located in the United States of America. If you use this Web site from outside the United States of America, you are entirely responsible for compliance with any and all applicable laws, including but not limited to the export and import regulations as well as any patent, trademark or copyright laws.
Any action related to these Terms will be governed by the laws of the State of Iowa, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa for the resolution of all disputes arising from or related to these Terms and/or your use of this Web site.
Submissions and unauthorized use of any materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications’ statutes and regulations and other applicable laws and regulations. You alone are solely responsible for your actions. Merschman Seeds is in no way responsible nor is it liable for any misuse or unauthorized activities you conduct from this Web site.
You shall indemnify and hold harmless Merschman Seeds and its officers, directors, employees, affiliates, agents, licensors, and business partners from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Web site violates any applicable law or regulation, or the rights of any third party.
Merschman Seeds may revise these Terms at any time without notice by updating this posting. Your continued use of this Web site after changes have been made will constitute your acceptance of such revised Terms. Therefore, you should periodically visit this page to determine the current Terms to which you are bound.
If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect.