TERMS AND CONDITIONS OF USE

Last updated on March 29, 2021

 

  1. General Conditions. 

This website (the “Site”) is the property of SFS Fertilizer, LLC d/b/a return (“Return”), which has its primary business offices at 11972 County 2, Stewartville, Minnesota 55976.  By utilizing this Site, you are agreeing to the terms and conditions of use (the “Terms”) set forth hereinafter.  If you do not accept these Terms, please leave this Site now and destroy all materials you obtained from the Site.  Return may modify these Terms at any time by positing the modified terms and conditions on the Site.  Your continued use of the Site will be deemed your acceptance of the terms and conditions, as modified.   In the event of your violation of these Terms, Return reserves the right to seek all remedies available by law and in equity.  In addition, Return reserves the right to block or deny access to the Site to anyone at any time for any reason.  Return may terminate, suspend, or discontinue any aspect of the Site at any time without notice or liability. Any information you provide on this Site may be used by Return in accordance with Return’s privacy policy posted on the Site.  

 

  1. Orders and Returns.

If you submit an order on the Site, it will be deemed an offer by you to purchase the product(s) you selected and submitted.  Return may in its sole discretion accept or reject your order upon submission. If Return accepts your order, Return will charge you for the product(s) placed in such order on the date of delivery.  If Return rejects your order, Return will not charge you for the product(s) placed in such order. You agree to pay all charges that may be incurred by you in connection with your order, including without limitation, all shipping and applicable taxes. Title to and legal responsibility for the products placed in an order will pass to you upon Return’s delivery of the product(s) placed in the applicable order to the carrier (i.e. delivery services, such as Federal Express, USPS, etc.). You agree that Return may contact you about your orders by phone, e-mail, or text message, according to the terms of Return’s privacy policy available at the Site.  Return does not accept any returns or exchanges for the products or services purchased by you on the Site.  

 

  1. Comments.

If you send Return any user-generated content, such as photos, videos, creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information) whether online (via our website or any of Return’s social media accounts), by email, postal mail, or otherwise (“Comments”), you agree that Return may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. Return shall be under no obligation to (a) maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) respond to any Comments.

 

  1. Third Party Links. 

This Site contains links to other websites owned by entities which may or may not be associated with Return.  These links are for convenience only.  Return makes no representations concerning contents of linked websites and does not endorse products or services referenced therein. You acknowledge that Return is not liable for any loss or damage in connection with such other websites. You may not create a link to this Site without express written permission from Return.

 

  1. Ownership.

This Site and the contents, features, functionality, trademarks, or other intellectual property displayed on the Site is the sole and exclusive property of Return and/or Return’s licensors and is protected by copyright, trademark, or other intellectual property or proprietary rights laws (the “Content”).  Nothing herein these Terms shall be construed to give you a right, title or interest in any of the Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, or in any way exploit any of the Content without the written permission of Return. Further, any commercial use of this Site is expressly prohibited.  If you believe any of Return’s Content infringing on your copyright, please contact Return at: hi@returnco.com or at 11972 County 2 Stewartville, Minnesota 55976, Attn: Corporate Counsel.

 

  1. Representations and Warranties. 

You represent and warrant to Return that: (a) you will abide by all laws, rules, and regulations relating to your use of this Site; (b) your Comments or any information posted on this Site by you will not infringe on the intellectual property rights of any third party; (c) you will not use this Site to send solicitation, promotional material, or unsolicited advertising; (d) you will not use this Site in any manner that could disable, overburden, or impair the Return server, or that will interfere with the enjoyment of this Site by others; (e) you will not obtain or attempt to obtain any information not intentionally made available through this Site, including, but not limited to hacking, or other such activities; (f) that you are 18 years of age or order; and (g) use of any credit card by you to buy the product(s) available for sale on this Site is authorized.

 

  1. Disclaimers.

THIS SITE AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.  THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, RETURN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). RETURN (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED.  RETURN DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR ACCURACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

 

  1. Limitation of Liability. 

IN NO EVENT WILL RETURN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND IN NO EVENT WILL THE TOTAL LIABILITY OF RETURN UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR ANY PRODUCT(S) PURCHASED FROM RETURN IN THE APPLICABLE TRANSACTION. YOU MAY BRING NO CLAIM AGAINST RETURN MORE THAN ONE YEAR AFTER THE ACTION ACCRUED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF RETURN IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW THEREUNDER.

 

  1. Indemnification.

You agree to indemnify and hold Return, its officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, arising out of (a) your use of this Site; (b) your violation of these Terms; or (c) your Comments. Return reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

 

  1. Miscellaneous.

You may not assign, delete, or transfer these Terms or your rights or obligations hereunder in any way without Return’s prior written consent. You agree that the laws of the State of Minnesota will apply to all matters regarding the use of this Site.  You further agree to submit to the exclusive personal jurisdiction of the Hennepin County, Minnesota with respect to such matters. If any provisions of these Terms are deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms.  All provisions not affected by the invalidity shall remain in full force and effect.  These Terms shall be binding upon and inure to the benefit of each party hereto and their respective successors and assigns. Any failure by Return to enforce any of its rights under these Terms or under applicable law will not constitute a waiver of such rights. Any provisions of these Terms that require performance or have application to events following termination shall survive and remain in full force and effect.  Headings are for reference purposes only and shall not affect the meaning or interpretation of any provision in these Terms. 

© SFS Fertilizer, LLC d/b/a return

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