- The contents of this Web Site may be used for informational, non-commercial purposes only. The Web Site is intended to provide information about Shively Supply and its affiliates to potential customers, business partners, investors, and employees. Such information about Shively Supply may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities. This publication is not intended to provide investment advice with respect to water management, or agriculture, investments, or otherwise al advice.
- Except as otherwise provided in these Terms, you may not download, or save, modify or distribute a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
- No part of the contents of this Web Site may be distributed, modified, transmitted, reused, reposted or otherwise used without the express permission of Shively Supply except as provided herein.
- Unless specifically requested, Shively Supply does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Shively Supply you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Shively Supply you grant Shively Supply the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Shively Supply and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the placement or transmission of any message, content, information, software or other materials through the Web Site by you.
- References on the Web Site to services and products or supplied software are provided by Shively Supply on an “as is” and “as available” basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Shively Supply specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Shively Supply does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
- Under no circumstances, including, but not limited to, negligence, shall Shively Supply be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Web Site or any other Shively Supply web site, even if Shively Supply or a Shively Supply authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Web Site. In no event shall Shively Supply total liability to you herein, for any claim or action arising from use of the Web Site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Shively Supply liability shall be limited to the fullest extent permitted by law.
- While Shively Supply uses reasonable efforts to include accurate and up-to-date information on the Web Site, Shively Supply makes no warranties or representations as to its accuracy. Shively Supply assumes no liability or responsibility for any typographical or other errors or omissions in the content. Using the Web Site indicates that you accept these Terms. 8. Linked sites are not under the control of Shively Supply and Shively Supply is not responsible for the contents of any linked site or any link contained in a linked site. Shively Supply provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Shively Supply of the site. All links to this site must be approved in advance and in writing by Shively Supply. Trademarks Shively Supply, Shively Supply logo, Shively Supply market segments icons and the other icons and graphic symbols are registered trademarks and/or service marks of Shively Supply or various affiliates and subsidiaries of Shively Supply. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Shively Supply. Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the site should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.