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Terms of Use

 

Last updated: October 10, 2025

Please read the following Terms of Use carefully.

  1. General Agreement

By entering and using our websites, including www.agricen.com, www.agricensciences.com, and their subdomains (“Websites”) you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should not use the Websites. Agricen may modify these Terms of Use from time to time. Your continued use of this Website (or any of Agricen’s other Websites) following such change demonstrates your agreement to be bound by the modified Terms of Use. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Agricen Websites.

  1. Accuracy of Content

Agricen makes every effort to ensure that the content of the Websites is accurate and up-to-date, but Agricen does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Websites. Agricen may remove material from the Websites at its own discretion and without giving any notice. Any information offered in relation to the use or efficacy of specific products, while based on scientific evidence, is intended to be general in nature. Always read labels and consult professional support if in doubt. If you choose to rely on such information, you do so entirely at your own risk and (subject to applicable laws) Agricen cannot be held responsible for the outcome.

  1. Intellectual Property

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the Website content, software and all HTML and other code contained in this Website, shall remain at all times vested in Agricen and/or its licensors, and is protected by copyright and other laws and international treaty provisions. Any other trademark remains the property of its respective owner(s). Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material which may be displayed on the Websites from time to time without first obtaining permission to do so from Agricen in writing. The Websites and their contents are copyright material and the copyright is owned by Agricen unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited. Generally speaking, trademarks appearing on the Websites are either owned by Agricen or Agricen has obtained limited use permission from the trademark owner to use the trademark on the Websites. You agree not to display or otherwise use any such trademarks in a manner that constitutes trademark infringement or unfair competition. Any other third party trademarks remain the property of their respective owners.

If you wish to obtain permission to make use of any of the trademarks or other material that may be displayed on the Websites from time to time please contact us. Agricen shall not be responsible for seeking any additional authorization required for third party use of any trademark not owned by or licensed to Agricen for such use.

  1. Prohibition on Commercial Use of Website Content

You are permitted to use the material that is displayed on the Websites from time to time only as expressly authorized by Agricen or its licensors and partners. The Websites are intended to provide information relating to Agricen concerns, and the Websites are designed for personal, non-commercial use only. Users may not use the Websites, or any of the material appearing on the Websites from time to time to further any commercial purpose, including (but not limited to) advertising or to promote or generate activity on any other website.

  1. Prohibited Conduct

You agree not to, directly or indirectly:

  1. use or access the Websites (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
  2. conduct activities that may be harmful to others or that could damage Agricen’s reputation;
  3. violate or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party privacy right or right of publicity;
  4. post, upload, or distribute marketing or advertising links or content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  5. use scrapers, robots, or other data gathering devices not provided by Agricen on or through the Websites;
  6. interfere with security-related features of the Websites, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Websites, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
  7. interfere with the operation of the Websites or any user’s enjoyment of the Websites, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Websites; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Websites, or violating any regulation, policy, or procedure of any such network, equipment, or server;
  8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, or accessing any other services account without permission;
  9. modify, translate, or create derivative works, adaptations or compilations of, or based on, the Websites or part thereof, or use, copy or reproduce the Websites or any part thereof other than as expressly permitted in these Terms of Use or by applicable law (e.g., as to fair use under copyright law); or
  10. attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section.
  1. Linking to Third Party Websites

Agricen may from time to time include links on the Websites to other websites or resources operated by third parties other than Agricen. These links are provided for the convenience of users and Agricen is not responsible for the availability of such external websites or resources, does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external websites. You are advised to check the terms and conditions of use and the privacy policies of these external websites before entering or making use of them. If you wish to create a hyperlink to this Website or to any other Website operated or maintained by Agricen please contact us. Agricen generally welcomes links to its Websites. However, by so linking, you agree that Agricen may require the link to be removed if, in Agricen’s sole opinion, any aspect of the linking Website, its content or any other matter relating to the link is objectionable to Agricen.

  1. Indemnity

To the fullest extent permitted by applicable law, you will defend and indemnify Agricen and its affiliates, and their respective members, managers, officers, directors, employees, agents, representatives, licensors, and service providers from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of: (a) your access to or use of the Websites; (b) your violation of these Terms of Use or any applicable law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right in connection with your use of the Websites; (d) any dispute or issue between you and any third party concerning the Websites; and (e) all claims pertaining to the Websites or your use of the Websites that arise from or allege negligence, fraud, or intentional misconduct committed by you or on your behalf. Without limiting the foregoing, we reserve the right, at our own expense and in our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and, in that case, you agree to cooperate with our defense of that claim.

  1. Disclaimers; No Warranties

The Internet is by its nature an unreliable medium. Consequently, you accept that the Websites are offered on an ‘as is’ and ‘as available’ basis. Agricen does not make any representations or warranties about the content contained on the Websites, any portion thereof, including any report, content or information generated therefrom. Agricen does not warrant that the Websites will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Websites or the server that makes it available are free of software viruses or bugs or other defects.

THE WEBSITES AND ALL CONTENT AVAILABLE THROUGH THE WEBSITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITES AND ANY CONTENT AVAILABLE THROUGH THE WEBSITES, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. AGRICEN DOES NOT WARRANT THAT THE WEBSITES OR ANY PORTION OF THE WEBSITES, OR ANY CONTENT OFFERED THROUGH THE WEBSITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  1. Limitation of Liability

IN NO EVENT WILL AGRICEN OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES OR ANY CONTENT, OR ANY DELAY IN THE RECOVERY OF ANY DATA, INABILITY TO RECOVER ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR ANY OTHER PERSON OR ENTITY AGAINST WHICH LIABILITY IS ASSERTED) HAVE BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 

IN NO EVENT SHALL AGRICEN BE LIABLE, UNDER ANY LEGAL THEORY UNDER THESE TERMS OF USE OR OTHERWISE, FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. 

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 

  1. Dispute Resolution; Venue; Class Action Waiver

In order to expedite and control the cost of disputes, you and Agricen agree that any legal or equitable claim, dispute, or controversy concerning or arising under these Terms of Use (referred to as a “Claim”) will be resolved as follows: 

  1. Informal Resolution: You and Agricen will first attempt to resolve any Claim informally. In the event that any dispute between Agricen and you arises out of or concerns these Terms of Use, the applicability of these Terms of Use, to the use of the Websites, or the breach or enforcement, interpretation, or validity of these Terms of Use, you and Agricen agree to try to promptly resolve any such dispute informally. To comply with this provision, please send a written notice describing any dispute to info@agricen.com and communicate with us in a reasonable manner, while both parties engage in good faith attempts to resolve the dispute, for at least a two week period after we receive and acknowledge such notice. 
  2. Formal Resolution: If you and Agricen are unable to informally resolve the Claim, you agree to submit the Claim to the exclusive jurisdiction of the state courts and federal courts located in Collin County, Texas for the purpose of litigating the Claim, and you hereby consent to the personal jurisdiction and venue thereof and waive all objections thereto.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU AND AGRICEN AGREE THAT EACH MAY BRING CLAIMS CONCERNING OR RELATING TO THE WEBSITES AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, AND (ii) UNLESS BOTH YOU AND AGRICEN AGREE, NO JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS CONCERNING THE WEBSITES OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING CONCERNING OR RELATING TO THE WEBSITES.

  1. Governing Law

These Terms of Use are governed by the laws of the State of Texas without regards to conflict of laws principles.

  1. Questions?

Please contact Agricen at info@agricen.com.