LAST UPDATED: 10-01-2020
Our visitors’ privacy is important to us, and we recognize the need to provide additional privacy protection for children on the Agar Powder Sites permitting such visitors. The United States’ Children’s Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries guide our privacy practices. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AGAR POWDER IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AGAR POWDER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AGAR POWDER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Agar Powder’ liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. At present time there is no charge for accessing any of the Agar Powder sites.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Agar Powder, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Agar Powder does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Agar Powder is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware–short for Malicious software–is a term used to broadly classify a form of software, which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
•Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
•Install a Spyware Removal Tool such as Spybot Search & Destroy to clean your computer of Malware.
•Install Microsoft Security Essentials.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
You agree to indemnify, defend and hold harmless, Agar Powder, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. Agar Powder reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Agar Powder in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
The Agreement and the relationship between you and Agar Powder shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Agar Powder operates and controls this Site from its office in Texas, 78154, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.