Last Updated: April 18, 2019
2. Product, Safety and Other Technical Information
While SARGENT AND GREENLEAF uses commercially reasonable efforts to provide accurate information, the industry of which SARGENT AND GREENLEAF is a part and the laws and regulations applicable to that industry do change. Therefore, information contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. SARGENT AND GREENLEAF cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your (or, if applicable, your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by SARGENT AND GREENLEAF experts or other Site users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by SARGENT AND GREENLEAF about the effectiveness of SARGENT AND GREENLEAF products and/or comparing the effectiveness of SARGENT AND GREENLEAF products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by SARGENT AND GREENLEAF purchased through the Sites is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased, a refund of the price you actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. SARGENT AND GREENLEAF may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. SARGENT AND GREENLEAF’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by SARGENT AND GREENLEAF’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
WARNING: Some of the information and advice on the Sites may be provided by third-party contributors who are not affiliated with SARGENT AND GREENLEAF. SARGENT AND GREENLEAF makes no representation as to the truth, thoroughness, or accuracy of such information or advice.
In all operations and uses related to the products and other matters discussed on the Sites, you must read, understand, and adhere to the safety warnings and instructions pertaining to such products and accessories as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use.
3. Using Secure Portions of the Sites
Account Use: Once SARGENT AND GREENLEAF has validated and set up your Account, you may order and pay for products and services and you may access your Account history using your user name and password. You agree that SARGENT AND GREENLEAF may provide your Account statements and all messages and notifications to you electronically through your Account or via email.
Changing your Account Information/Settings: It is your responsibility to review and update your Account information. You may update your Account profile, settings and information at any time, for example, to add/update/delete credit cards, mobile devices and authorized users to your Account. This is especially important with respect to credit card information because credit cards expire periodically. You acknowledge and agree that SARGENT AND GREENLEAF will have no liability associated with or arising from your failure to maintain accurate Account information or update your authorized users. If SARGENT AND GREENLEAF has reasonable grounds to suspect that the information you have provided is or becomes untrue, inaccurate or incomplete, SARGENT AND GREENLEAF may suspend or terminate your Account and refuse any and all current or future use of SARGENT AND GREENLEAF’s Cloud and/or all or any part of SARGENT AND GREENLEAF’s Cloud Services.
4. User Conduct
In general, SARGENT AND GREENLEAF expects visitors to interact with SARGENT AND GREENLEAF and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting your affiliation with SARGENT AND GREENLEAF or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, hateful, racially or ethnically objectionable, is invasive of another’s privacy or publicity rights, infringes upon another’s proprietary rights or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with any material, link or information not originating with SARGENT AND GREENLEAF is expressly prohibited.
You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by SARGENT AND GREENLEAF through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.
5. Social Media/Blogs/User Submissions
Certain more interactive portions of the Sites, such as blogs and other social media forums require special mention. SARGENT AND GREENLEAF insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. SARGENT AND GREENLEAF adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of a SARGENT AND GREENLEAF brand on a blog or other public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers disclose a material connection with an advertiser, his/her affiliation with SARGENT AND GREENLEAF and if incentives, free products or gifts or other compensation was received from SARGENT AND GREENLEAF. Because your opinions may be considered an “endorsement” and you an “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that you fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that you (i) let readers know if you received any free products or any other item of value from SARGENT AND GREENLEAF or if another material connection exists, and (ii) ensure that your statements about and reviews of SARGENT AND GREENLEAF products reflect your honest opinions, beliefs and findings.
Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication you transmit, upload or post to the Sites, generally and through the public forums, or email to SARGENT AND GREENLEAF (collectively, “Communications”) are non-confidential and nonproprietary and become the property of SARGENT AND GREENLEAF. SARGENT AND GREENLEAF has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort. SARGENT AND GREENLEAF has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from you. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
You are solely responsible for your Communications and your activities on the Sites. Although SARGENT AND GREENLEAF will not, and has no obligation to, monitor your Communications, it has the right not to post or publish Licensed Content and/or your Communications and to delete, remove or edit any Licensed Content and or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will SARGENT AND GREENLEAF or its affiliates be liable in any way for any Communications, your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by SARGENT AND GREENLEAF to substantiate such claims. SARGENT AND GREENLEAF cautions you not to use products for any purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.
The Sites may contain links to other internet websites or resources. When you link to those sites, you leave the Sites. SARGENT AND GREENLEAF has no control over such sites, their content and resources or the business practices or policies of operators of such sites. Please use caution and review the privacy policies of any sites that you visit to learn more about their information-gathering practices. SARGENT AND GREENLEAF expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply that SARGENT AND GREENLEAF endorses the linked site. Your use of any links is at your own risk. You further acknowledge and agree that SARGENT AND GREENLEAF 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 your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
10. SARGENT AND GREENLEAF’s Proprietary Rights
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
SARGENT AND GREENLEAF DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SARGENT AND GREENLEAF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
2. SARGENT AND GREENLEAF MAKES NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
4. SARGENT AND GREENLEAF IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SARGENT AND GREENLEAF SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SARGENT AND GREENLEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, SARGENT AND GREENLEAF’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5. 00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST SARGENT AND GREENLEAF WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SARGENT AND GREENLEAF
One Security Drive
Nicholasville, Kentucky 40356
Attn: SARGENT AND GREENLEAF Webmaster
13. General Information
SARGENT AND GREENLEAF administers and operates the following Sites from its location in Nicholasville, Kentucky, USA:
15. Legal Notice for New Jersey Residents