Please read and agree to the terms below.
AGREEMENT BETWEEN BUCHHEIT INC AND CUSTOMER USING E COMMERCE PORTAL
This letter shall confirm that Buchheit Inc, Agri Division may allow customers to enter into agreement to use the “E Commerce Portal” service to access information concerning the customer’s grain and account receivable information.
THIS SERVICE IS PROVIDED “AS IS”. BUCHHEIT INC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THREREOF. BUCHHEIT INC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUCHHEIT DISCLAIMS ANY AND ALL (i) WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY BUCHHEIT OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Customer shall hold Buchheit Inc, divisions, and their respective officers, directors, employees, and agents harmless from any and all damages, liabilities, causes of action, claims or losses arising from or otherwise relating to the Service, even if caused by the negligence of fault of Buchheit, its divisions or any of their respective officers, directors, employees or agents.
IN NO EVEN SHALL BUCHHEIT OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF BUCHHEIT OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
For greater certainty, this contract is not intended to release or excuse any liability or actions of Buchheit that may not legally be released or excused by contract pursuant to the law applicable to this contract.