Effective Date: March 15, 2016
NOTICE: Please read these terms of service carefully. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. Sigma Marine Products Ltd. retains the right to update these terms of service at any time without notice. If you do not agree to the terms and conditions below, do not access this site, or any pages of the site.
Terms of Service
This Terms of Service sets forth the Agreement between Sigma Marine Products Ltd. (Sigma Marine Products or Sigma) “we” “us” and “You” or “user” governing the use by you of this site.
All orders accepted herein are fulfilled by Sigma Marine Products and/or its contract fulfillment partners and which are subject to all the provisions set forth herein.
Information / Suggestions / Advice
The products, information and other material provided on and through this site, including without limitation any products, information, services and other content provided on any linked site, are provided for informational purposes only to facilitate the use of our products.
Links to third party sites
This web site contains links to third party web sites. These links will let you leave our site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.
We are also not responsible for any products or services sold on or through this site or any claims of performance made on or through this site, including any claims of performance made on or through any site to which this site links. You are advised that other sites on the internet, including without limitations linked sites might contain material or information that some people may find offensive or inappropriate: or that is inaccurate, untrue, misleading or deceptive: or that is defamatory, libelous, infringing of other’s rights or otherwise unlawful.
We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any linked site.
Copyright and Trademarks
All website design, graphics, sound, software and other content, are the property of Sigma Marine Products or its licensors, and are protected by United States and international copyright owners.
All logos, custom graphics designs and icons are our service marks and/or trademarks of its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners. Trademarks, service marks, products names are sometimes used for comparison purposes and are fully identified as such and are used with their permission.
Be aware that certain product names are trademarks, even if not specifically mentioned. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right in or to the Trademarks without the express written permission of Sigma Marine Products or such other third party. Your misuse of the Trademarks on this site and in its conditions is strictly prohibited.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users, Sponsors, Providers, Licensors, or Merchants. We are not responsible for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the site.
We may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because customer service is very important to our business, we reserve the right to limit quantities of items purchased by each customer.
No Warranty – Disclaimer
We provide this site and its contents on an “as is” basis. Sigma Marine Products, parent company, its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any linked site and the uninterrupted and error-free use of this site. Sigma Marine Products and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Sigma Marine Products and its affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Sigma Marine Products or its affiliates will create any warranty not expressly set forth herein. Your use of this site is at your sole risk.
All information submitted to Sigma Marine Products via this site shall be deemed and remain the property of Sigma Marine Products, Sigma Marine Products and its affiliates and licensees shall be free to use without charge or fee, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Sigma Marine Products through this site. Sigma Marine Products shall not be subject to any obligations of confidentiality regarding submitted information except as agreed in writing by Sigma Marine Products or as otherwise specifically required by law.
Product Use and Recommendations
This site has been designed to provide general information about Sigma Marine and its Products. This site is not intended to give any instructions on the appropriate use of products produced and supplied by Sigma Marine Products. All recommendations for handling, storage or use of products, whether given in writing, orally, or to be implied from the results of tests are based on the state of Sigma Marine Products knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of such products must make your own determination and satisfy yourself that the products supplied by Sigma Marine Products and the information given by Sigma Marine Products are (i) suitable for the intended process or purpose, (ii) are in compliance with environmental, health and safety regulations, and (iii) will not infringe any third party’s intellectual property rights.
Acceptance of Orders
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations.
Sigma Marine Products strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredients that are considered restricted or prohibited by any law within the United States or any destination country.
Items that are shipped within the State of California are subject to tax at the appropriate state and local rate unless there is a valid Resale Permit on file.
Prices &. Currency – Payment Terms
The prices quoted are in U.S. dollars and are valid and effective only within the United States. All sales are made on a prepaid basis. Prices do not include shipping and handling or sales or use taxes. Sales and/or Use Tax if applicable will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. You are also responsible for the cost of any import license required, certificates or any other import documentation that any United States agency may require. Duties, insurance costs, tariffs, or value added taxes if assessed, will be your responsibility
Please note that imports shipments are final. Once delivered to the carrier in the origin country, the order is considered fulfilled and product cannot be returned for any reason.
We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You may post reviews of products or services, upload photos of your crops, plants or flowers, comments, suggestions, or other material (“Submissions”) so long as the content of your submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. Sigma Marine Products reserves the right (but not the obligation) to monitor, edit and remove any submission but does not regularly review posted submissions.
Please note that any information, materials, suggestions, ideas, or comments sent to www.sigmafertilizers.com or any of its e-mails, will be deemed non-confidential in nature.
By posting or sending us any submission, you grant Sigma Marine Products and its subsidiaries a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submission throughout the world in any media we choose. You also grant Sigma Marine Products and its subsidiaries the right to use the name you submit in connection with such submission.
By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Sigma Marine Products and its subsidiaries against all claims and liabilities resulting from your submission.
Sigma Marine Products does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.
Limitation of Liability
Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the service. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content or materials you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Service, or your violation of any rights of another or termination of your access to www.sigmafertilizers.com or any of our websites.
Notwithstanding the foregoing, the sole and entire maximum liability of Sigma Marine Products and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Sigma Marine Products via this site.
Site Usage/Termination of Usage
You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, defamatory, obscene, profane, indecent, offensive or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by Sigma Marine Products, Ltd. for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Sigma Marine Products, Ltd. and its affiliates, are responsible for compliance with applicable local laws.
You agree that Sigma Marine Products, Ltd. may terminate or suspend your access to all or part of this site, without notice, for any conduct that Sigma Marine Products, Ltd., in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user, Sigma Marine Products, Ltd. or its affiliates.
This information was last updated on March 15, 2016. Sigma Marine Products, Ltd. may in its sole discretion, amend this Terms of Service Agreement from time to time. We encourage you to check this Agreement area periodically for changes.
Use of this website after any modification implies that you consent to this Agreement as modified.
These Terms of Service constitute the entire agreement between us (you and us) and govern the use of the Site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software
The failure of Sigma Marine Products, Ltd. or its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “No Warranty – Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of Sigma Marine Products, Ltd. and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
The section titles in the Terms of Service Agreement are for convenience only and have no legal or contractual effect.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the site to either a foreign national or a foreign destination in violation of such laws.
This Agreement constitutes the entire and only Agreement between Sigma Marine Products, Ltd. and each user of this site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.
Severability – Interpretation
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
Sigma Marine Products, Ltd. limits the number of employees that have access to the databases that contain personal information of our customers, and our employees are advised of the importance of confidentiality. While we implement these security measures, you should be aware that 100% security is not always possible.
Applicable Law / Jurisdiction
Use of this site shall be governed by all applicable federal laws of the United States of America and construed in accordance with the laws of the State of California without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this site shall be brought exclusively in Federal or State Courts in EI Dorado County, California.
You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the state of California, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in EI Dorado County, California, U.S.A.
Every effort has been made to provide accurate product information. However, typographical errors may occur.
Prices and availability on any of our products are subject to change without notice.
Contacting the Webmaster
If you have questions concerning any of the Terms of Service, you may contact us at:
Sigma Marine Products Ltd.
P.O. Box 4679
El Dorado Hills, Ca. 95762 USA