Terms of Service
Terms & Conditions
This website pponix.com (“Site”) is comprised of various web pages operated by Ponix MicroAg LLC. Throughout the site, the terms “we”, “us” and “our” refer to Ponix MicroAg LLC (“Ponix”). Ponix offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting pponix.com (“site”) and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions ( “Terms & Conditions” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before agreeing to be bound by the terms. It is your responsibility to check these Terms & Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
Intended for Users Over 18
We provide the Site for use by individuals 18 years of age and older. If you are under the age of 18, you may use the Site only with the assistance of a parent or guardian.
Visiting pponix.com or sending emails to Ponix constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
All content included on or comprising the Site, including trademarks, logos, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Ponix owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way exploit any of the Content, in whole or in part , and to any other computer, website or other medium or for any commercial purpose, without Ponix prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Ponix reserves all rights not expressly granted hereunder. Ponix expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
Certain services offered on or through the Site may require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify Ponix immediately of any unauthorized use of your account or password, or of any other breach of security. You acknowledge that Ponix is not responsible for third party access to your account that results from theft or misappropriation of your account. You may be held liable for losses incurred by Ponix or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by Ponix in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site. Ponix and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Ponix does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use pponix.com only with permission of a parent or guardian.
Accuracy, Completeness and Timeliness of Information
We try to be as accurate as possible. However, we do not warrant that information made available on this site is accurate, complete, reliable, current or error-free. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
Occasionally there may be information on our site or in the Terms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms or on any related website is inaccurate at any time (including after you have submitted your order).
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We undertake no obligation to update, amend or clarify information in the Terms or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on any related website, should be taken to indicate that all information in the Terms or on any related website has been modified or updated. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Terms.
Conditions of Sale and Payment Terms
To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of maturity, (b) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.
Methods of Payment, Credit Card Terms and Taxes
The Ponix MicroAg website and ecommerce functionality is hosted by Shopify Inc.
Specific Methods and Terms of Payment are stated within the pponix.com pages of the purchasing checkout process and detailed explanations of the various payment terms are found at https://www.shopify.com/legal . Ponix reserves the right to change the available payment methods at any time. Ponix collects all applicable sales taxes.
Order Acceptance Policy
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Ponix reserves the right at any time after receipt of your order to accept or decline your order for any reason. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Third Party Websites
pponix.com may contain links to other websites ("linked Sites"). The linked Sites are not under the control of Ponix and Ponix is not responsible for the contents of any linked Site, including without limitation any link contained in a linked Site, or any changes or updates to a linked Site. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Ponix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ponix of the site or any association with its operators.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Terms or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Terms or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Terms or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless Ponix MicroAg LLC and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. If you fail to assume such defense, then Ponix may defend the action in any manner that it deems appropriate, and you agree to pay to Ponix all costs, including reasonable attorneys' fees, that we incur in effecting such defense in addition to any sum that we may be required to pay by reason of any settlement or judgment against Ponix MicroAg LLC.
Ponix MicroAg LLC is not responsible for any warranties, claims, or changes to services by their website hosting provider, Shopify Inc.
Changes to Terms & Conditions
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Terms following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.