Terms and Conditions of Use

Terms and Conditions of Use

Hawkins, Inc. (“Hawkins,” “Our,” “We,” or “Us”) owns and maintains www.cropchoicefertilizer.com (“Site”) for promotional, and other, purposes. This Site is governed by these Terms and Conditions of Use (“Terms”).    By using this Site, You agree to be bound by these Terms, and you acknowledge that You have read, and agree to be bound by, the Privacy Policy (“Policy”) that is also found on this Site.  You may not use this Site if You do not agree to these Term, and to the Policy. Please read them carefully.  “Content” refers to any text, graphics, logos, emblems, documents, photographs, images, designs, layouts, trademarks, copyrighted materials, trade names, service marks, audio and video presentations and any other information provided by Us on or through this Site, including user interfaces and the selection, arrangement and coordination of such information.  “You” or “Your” refers to any user of this Site.

Use Restrictions

Hawkins prohibits the copying, reproduction, display, performance, modification, distribution or transmittal of any Content for any purpose. The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Hawkins or to Our business partners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark laws. Use of Our HTML, images, or ideas and concepts by You for purposes other than those expressed or implied is strictly prohibited and may violate copyright, trademark, or privacy laws and other laws and regulations. Nothing contained on this Site may be construed as granting any license or right to use any of Our trademarks or service marks without Our prior written consent.

You may not (a) decompile, disassemble or reverse engineer this Site or otherwise attempt to determine the source code or trade secrets of the Site, (b) violate or attempt to violate the security of the Site or (c) otherwise disrupt or interfere with the operation of the Site. You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this Site. Using bots, spiders and other indexing agents to “crawl,” retrieve or copy all or any part of this Site is prohibited. Without Hawkins’ prior written permission, You may not mirror or archive any Content on any server or computer, or retransmit any Content from this Site, or any modified versions thereof.

You agree that You are authorized to view this Site, including any Content herein. To the extent You have accessed a private or password-protected portion of this Site, You agree that You have been granted permission by Hawkins to access that portion of the Site.

Disclaimer of Warranties

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, USE OF, AND ACCESS TO, THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SITE, OR ANY CONTENT ON THE SITE, IS NONINFRINGING; THAT ACCESS TO THE CONTENT OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE OR CONTENT WILL BE SECURE; THAT THE SITE OR THE CONTENT OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT THE CONTENT ON THE SITE WILL BE COMPLETE, CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY OR OTHERWISE RELIABLE. THE CONTENT AND THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSSES OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE SITE, INCLUDING THE CONTENT ON THE SITE, IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY OF ANY KIND. Access to this Site from locations where the Content may be illegal is prohibited and You are responsible for compliance with applicable local laws. You are responsible for taking all necessary precautions to assure that any material You obtain from this Site is free from computer viruses, Trojan horses, worms or other destructive devices.

Limitation of Liability

IN NO EVENT SHALL HAWKINS OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY THEORY OF LAW, TO YOU OR ANYONE ELSE, FOR ANY CLAIMS, LOSSES OR DAMAGES, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR LOSS OF PROFITS, RESULTING FROM, OR OCCASIONED BY, YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT, REGARDLESS OF THE NATURE OR CAUSE OF ANY SUCH DAMAGES OR LOSSES AND WHETHER OR NOT A CLAIM THEREOF IS BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.

Links to or from this Site

We have no responsibility for the content of third-party web sites where access to this Site, or from this Site, is provided via hypertext link.  We do not make any representations or give any warranties or conditions with respect to any information contained in, or at, these third-party web sites and We shall not be liable for any damages or injuries arising from the content of, or access to, these third-party web sites. Hawkins does not endorse any entities, whether individuals, companies or other similar entities, or any products or materials associated with such companies, individuals or other similar entities, on any third-party web sites.

This Site may include links to other web sites. We provide the links only as a convenience. If You decide to access these other third-party web sites, You do so at Your own risk. These other third-party web sites contain information created, maintained, published or otherwise posted by organizations independent of, and separate from, Us. We do not certify, maintain, endorse, approve, or control these other third-party web sites and do not guarantee the accuracy, efficacy, completeness, timeliness, or correct sequencing of information located at other third-party web sites. We are not responsible for assuring that other third-party web sites are free from computer viruses, worms, Trojan horses or other destructive devices. Neither the inclusion of a link in this Site, nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies recommendation, endorsement, or favoring by Hawkins. Use of any information obtained from third-party web sites is at Your own risk.

Changes to this Site or Terms

Hawkins may change or discontinue this Site, or change any Content, at any time without prior notice. We have no obligation to inform You of such changes. Your continued use of the Site after such changes have been posted will constitute Your acceptance of the changes.

Indemnification

You agree to indemnify, defend and hold harmless Hawkins and Hawkins’ officers, directors, employees, contractors, agents, attorneys, licensors and suppliers, for, from and against any and all losses, liabilities, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees and court costs), incurred by any third party due to, arising, or resulting from, any violation of these Terms, or any activity related to use of this Site (including but not limited to negligent or wrongful conduct), by You, or any authorized or unauthorized user accessing any password-protected area of this Site using Your Internet account or password. If You cause a technical disruption of the Site or the systems transmitting the Site, You agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising, or resulting from, that disruption.

Miscellaneous

These Terms, and Your use of the Site or Content, will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms and Your use of the Site or Content will be an appropriate state or federal court located in Minnesota. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods; the application of which is expressly disclaimed. Hawkins reserves the right to seek all remedies available at law and in equity for violations of these Terms, including suspension, or blocking, of Your access to this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of Our legal or equitable rights. If any provision or portion of these Terms is, or becomes, invalid under any applicable law, regulation, judgment or order, it will be deemed to be reformed to most nearly effectuating the intent of the parties as reflected herein and as enforceable under applicable law, and the rest of these Terms will remain in full force and effect.

Feedback, Questions and Comments

We welcome questions, comments and other feedback. We reserve the right not to review or respond to any such correspondence, within Our sole discretion. Please also be aware that We will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to You. If You have any questions about the Terms of this Site, please contact Customer.service@hawkinsinc.com.

Effective Date: January 11, 2019.

These Terms were last updated January 11, 2019.