TELLUS PRODUCTS, LLC
(Effective July 1, 2021)
Introduction
Thank for visiting this Website owned and provided by Tellus Products, LLC (“Tellus”). Your access to, and use of, this site, or any other Website (each a “Site”) owned or provided by Tellus is subject to the following terms and conditions enumerated below (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you automatically accept, without limitation or qualification, these Terms and Conditions. Please read these important Terms and Conditions below. If you are using this Site for more than your own personal information, education or enjoyment, you could be violating the law. If you do not accept these Terms and Conditions in full, you must leave the Site immediately.
Tellus may revise these Terms and Conditions at any time by updating this page. You should check the Site from time to time to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms on particular pages on the Site.
Submissions
Subject to the exceptions regarding certain personal information set forth in the Privacy Policy located on this Site, all remarks, suggestions, ideas, graphics, photos, materials or other information that you submit to Tellus, by email, download, social media or otherwise (“Submissions”) are non-confidential and non-proprietary and we are free to use and reproduce such Submissions for any purpose. Tellus shall retain exclusive ownership of all present and future rights to Submissions of every kind and will be entitled to use any Submission for any commercial or other purpose whatsoever without any obligation to compensate you or any other person sending the Submission. You warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use and that Tellus’ use of the Submission will not violate any third party’s rights. You acknowledge and agree that you are responsible for any Submission you make and that you, and not Tellus, have full responsibility for the message, including its legality, reliability, appropriateness, originality, copyright and non- infringement.
Postings
Although Tellus may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site (“Postings”), we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting or Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings or Submissions on this Site.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, in breach of confidence or privacy, which may cause annoyance or inconvenience, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law, or infringe the rights of any third party, in any country in the world; for which you have not obtained all necessary licenses and/or approvals; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). Tellus will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Tellus may in its absolute discretion remove Postings at any time, and for any reason.
Intellectual Property
All material from this Site may not be copied, distributed or republished, displayed, licensed, sold, modified, reused, uploaded, posted or transmitted in any way, without the prior written consent of Tellus except as provided below. You may only download material displayed and identified on the Site as specifically available for downloading and provided you do not delete or change any copyright, trademark or other proprietary notices contained on the materials. Such material is for non-commercial, personal use only. You may not distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including text, images, audio and video, without Tellus’ written permission. Modification or use of materials for any other purpose violates our intellectual property rights.
Software downloaded, including the files and images incorporated in or generated by the software and all accompanying data, is licensed to you for your personal, non-commercial use and may not be redistributed, sold, reverse-engineered, disassembled or otherwise converted to any other form. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Crimea-Region of Ukraine, Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Linking
The Site may contain links allowing you to leave this Site for other sites that are not under the control of Tellus. We have not reviewed all the websites linked to this Site and are not responsible for the content of any other websites linked to this Site. Your linking to any other website is at your own risk, and Tellus shall not be liable for any damages or injury arising from access to, or use of, such sites. Please be mindful of this as you link to other outside websites. Tellus does not object to links to our Site from third-party websites; however, any person or entity linking to our Site must strictly abide by the following rules: (1) unless we have a written agreement with you, you may not use any of Tellus’ trademarks, logos or slogans in or with your links; (2) you may not present the link to this Site in any way that suggests Tellus has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with us to do so; (3) you may link to this Site using the plain text name of this Site; (4) you may link only to the home page of this Site; (5) you may not, without Tellus’ written permission: (a) incorporate any content from this Site into your Website (e.g., by in-lining or framing) or (b) use any Tellus names, trademarks, slogans, or any other words or codes identifying Tellus Site in any “metatag”. We will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Tellus and its products. Tellus reserves the right to cancel permission to link at any time, for any reason. You shall fully indemnify Tellus for any loss or damage suffered by Tellus for breaching the Terms and Conditions of linking above.
Trademarks
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this Site belong to Tellus or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Tellus will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Copyright Complaints (DMCA Policy)
Tellus, at its discretion, may suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tellus to locate the material;
Information reasonably sufficient to permit Tellus to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send your notice to:
Tellus Products, LLC - Attn: Legal Department
37021 Gator Boulevard
Belle Glade, FL 33430
As there can be penalties for false claims, we urge you to consult with your legal advisor before filing a notice or counter-notice.
Disclaimer
Your use of, and browsing on, this Site is at your own risk. Tellus assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property because of your use of this Site. Tellus makes no warranties or representations as to the accuracy of anything contained on the Site. Without limiting the foregoing, EVERYTHING PROVIDED TO YOU ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TELLUS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TELLUS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TELLUS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Indemnification
If you elect to register on our Site and select a user name and password, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Further, you agree to defend, indemnify and hold harmless Tellus and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
Service Access
While Tellus endeavors to ensure that the Site is normally available 24 hours a day, Tellus shall not be liable if for any reason the Site is unavailable at any time or for any period.
Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Tellus’s control.
General
This Site is intended for residents of the United States only. Tellus makes no representation that the materials in the Site are appropriate or available for use in other locations. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable laws. These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of Tellus to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit Tellus’ rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under Florida law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this Site must be brought in the state or federal courts of Florida and you consent to the exclusive personal jurisdiction of such courts.
How to Contact Us
If you have any questions or concerns about these Terms and Conditions or your dealings with this Site, please refer to the “Contact Us” section of this Website.
Copyright © 2021 by Tellus Products, LLC. All rights reserved.
