Terms & Conditions
 
This Web Site is one of several offered by NPK Marketplace providing information, products, services, Content (defined below), and other functionality to Visitors, some of which may be intended for specific regions of the world or specific product lines. While the Content of the sites may vary from site to site and region to region, these Terms and Conditions of Use (hereinafter "Terms”) are applicable generally to each Site. Use of this Site is subject to these Terms and to the licenses and permissions contained herein. These Terms form a contract with you. A link to these Terms is posted on the Home Page of this Web Site and will be continually available for your review.

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE FOLLOWING TERMS AND AN ACKNOWLEDGMENT OF YOUR UNDERSTANDING OF THEM. IF YOU DO NOT AGREE TO THESE TERMS, USE OF THIS SITE IS PROHIBITED.

NPK Marketplace may revise these Terms from time to time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound. If any of these Terms would not be enforceable under the local laws of the country from which you are viewing this Site, that term shall be severable from this agreement and the remainder of this agreement shall remain in full force and effect. The failure of NPK Marketplace to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Web Site from countries, if any, in which its Content is unlawful is strictly prohibited and constitutes a violation of these Terms. You are responsible for compliance with applicable local laws. Not all products, programs, and services that may be described on a NPK Marketplace Site are available in each country. If in doubt, contact a local NPK Marketplace representative in your area to determine precisely what is available to you. Persons intending to use a NPK Marketplace product described in this Web Site must follow product directions and comply with all applicable laws and regulations relating to the product. Definitions that explain some of the terminology used in these Terms is listed below.

"NPK Marketplace” refers to NPK Marketplace and to each of its subsidiaries and affiliates.

The words "you” and "your” refer to corporations or other business entities, and their agents, and to individuals using this Site, respectively and as applicable.

"We”, "Our” and other first-person pronouns refer to NPK Marketplace.

"Site” means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by NPK Marketplace.

Compliance with Local Law

NPK Marketplace operates from its World Headquarters in Las Vegas, Nevada, United States. However, this Site may be operated from the World Headquarters, from any of NPK Marketplace division and affiliates located around the world or hosted on our behalf by any third party. NPK Marketplace makes no warranty or representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be accessible.

Trademarks

The trademarks, trade names, trade dress service marks, and logos (the "Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of NPK Marketplace and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of NPK Marketplace or any third party that may own the respective Trademarks. Except as expressly indicated on the Site, the name of NPK Marketplace or the NPK Marketplace logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from NPK Marketplace.

Your Use of Copyrighted Material on this Site

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site ("Content”) are all subject to patent, trademark, copyright and other intellectual property protection. The copyright in the arrangement of and components of all material provided on this Site by NPK Marketplace, including, without limitation, all Site Content is held by NPK Marketplace or by the original creator of the material. NPK Marketplace grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bonafide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy; display; reproduce; download; distribute; modify; edit; create derivative works; reverse engineer; decompile any code, script, or software forming the Site; alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of NPK Marketplace or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. NPK Marketplace reserves all other rights not expressly granted by this License.

Confidential or Proprietary Information

NPK Marketplace strives to provide the public with broad access to information about its products and services. In doing so, it is not NPK Marketplace's intention to waive any intellectual property rights, including, without limitation, trade secrets. NPK Marketplace may have information on this Site under applicable laws. NPK Marketplace has policies and procedures in place that are designed to prevent the disclosure on this website of information that NPK Marketplace considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by NPK Marketplace, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to NPK Marketplace, you agree to immediately destroy any copies of the information, in any form, in your possession.

Usernames and Passwords

If this Site or other NPK Marketplace Sites permits you to adopt a Username and a Password or to use an assigned Username and Password in order to access features of this Site, then:
1. You agree to use the Site solely for legitimate purposes.

2. When registering for a Username, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.

3. You agree not to share your Username or Password with any other person.

4. You agree to immediately notify us of any unauthorized use of your Password, Username or the Site, or any other breach of security through the Contact Us section of this Site.

5. You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your Username or Password.
NPK Marketplace reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your Username or Password.

Transactions

For any NPK Marketplace Site that permits you to place orders or otherwise effect transactions with NPK Marketplace, additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions. Such third parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business and complete the transactions. Please review carefully the third party’s policies, practices, and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. The EU, United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with NPK Marketplace, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws. By entering a transaction with NPK Marketplace through this Site, you are representing to us that you are not in a country where such import/export is prohibited and are not a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
 
Product Assurance
 
Product Assurance Guarantee: For purchases completed on the NPK Marketplace, we guarantee that the product received will conform to the product specifications described on our website. In the case of soil nutrient products, the product specifications include the published levels of key elements. We give customers up to 72 hours from the time of delivery to report any problems due to the product not meeting specifications. If there is a dispute regarding the delivered product, we will then work with the Seller to help resolve the problem through a product replacement, refund, or other means. In addition, our Product Assurance Guarantee includes an escrow period where we hold the customer payment and do not release it to the Seller until the conclusion of the 72-hour product inspection period. 

Unauthorized Access of Site

You are specifically prohibited from accessing or using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe 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 our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Web Sites and to pursue any and all civil and criminal remedies for any access to our Sites or Content without authorization or any use of our Sites or Content that exceeds your authorized access.

Your Privacy

To the extent that this Site collects Personal Information about you, our use of that information is subject to NPK Marketplace Privacy Policy. Linking to and from this Site anyone linking to the Site must comply with all applicable laws. A site that links to NPK Marketplace (a) may link to, but not replicate, content on this Site; (b) may not create a browser or border environment around Content on this Site; (c) may not imply that NPK Marketplace is endorsing it or its products; (d) may not use NPK Marketplace Trademarks without express written permission; may not misrepresent its relationship with NPK Marketplace; (e) may not present false information about NPK Products or services; and (f) may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups. NPK Marketplace does not control and is not responsible for the Content of any third-party (non-NPK Marketplace) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. NPK Marketplace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NPK Marketplace of the Site.

General Disclaimer of Warranties

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS” AND "WITH ALL FAULTS”. NPK MARKETPLACE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS, OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND NPK MARKETPLACE MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO NPK MARKETPLACE EMPLOYEE, AGENT, OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: NPK MARKETPLACE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXLCUSIONS MAY NOT APPLY TO YOU. NPK MARKETPLACE RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND NPK MARKETPLACE WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION. PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, NPK MARKETPLACE DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS.

FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, NPK MARKETPLACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE. CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF NPK MARKETPLACE COMPANY.

The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls NPK Marketplace liability for such product.

Limitation of NPK Marketplace Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT NPK MARKETPLACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO DATA OR PROPETY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NPK MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Your indemnification Obligation

You agree to defend, indemnify, and hold harmless NPK Marketplace, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims, and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material, or Content on the Site. Disclaimer for Forward Looking Statements Content on this Site may contain forward-looking statements. Such forward looking statements are not guarantees of future performance and are subject to risks and uncertainties that could cause actual results and NPK Marketplace plans and objectives to differ materially from those expressed in the forward-looking statements. Advertisements that May Appear on the Site If any advertisement for a product or service provided by anyone other than NPK Marketplace appears on this Site, NPK Marketplace does not endorse, warrant, or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

When Visitors May Post to the NPK Marketplace Site

If this Site permits you to post or upload comments or any other Content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you. You understand that all information, Content, text, data, messages, or other materials, whether posted to the Site or privately transmitted ("Material(s)”) are the responsibility of the person from whom the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material. NPK Marketplace does not control this Material and therefore does not guarantee the accuracy, integrity, or quality of the Material. NPK Marketplace will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted, or otherwise made available on the Site.

While NPK Marketplace does not and cannot review every communication or all information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, NPK Marketplace reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Content that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You agree that you will not use Material to: harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others; transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships; post Material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights); upload, distribute, or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening, or otherwise objectionable material; upload or distribute any files that contain viruses, worms, corrupted, or any other similar software or programs that may damage the operation of another's computer or property of another; intentionally or unintentionally violate any applicable local, state, national, or international law; transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Materials, or any other form of solicitation, and; distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.

You acknowledge and agree that NPK Marketplace may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of NPK Marketplace, its customers, or Visitors of the Site. NPK Marketplace Rights in Materials Submitted to the Site Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant NPK Marketplace and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import, and transmit such Material and products incorporating such Material (in whole or in part) in any form, media, or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.

Notifications of claimed copyright infringement should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. NPK Marketplace respects the intellectual property of others, and we ask our visitors to do the same. NPK Marketplace will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, NPK Marketplace will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe your work has been copied in a way that constitutes copyright infringement, please provide NPK Marketplace with the following information. Please be advised that to be effective, notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

2. A description of the copyrighted work that you claim has been infringed;

3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;

4. Your address, telephone number, and e-mail address and all other information reasonably sufficient to permit NPK Marketplace to contact you;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:

NPK Marketplace Legal Department 900 Las Vegas Blvd. South #812 Las Vegas, NV 89101

Release

ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT NPK MARKETPLACE AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRDPARTY CLAIMS MADE IN CONNECTION WITH THE SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. NPK MARKETPLACE RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD, ACCESS THAT IS WITHOUT AUTHORIZATION OR EXCEEDS AUTHORIZATION, OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITES.

Termination

NPK Marketplace may terminate these Terms at any time and may do so immediately without notice and, accordingly, refuse or terminate your access to the Sites, if, in NPK Marketplace sole discretion, you fail to comply with any term or condition of the Terms. Choice of Law and Forum These Terms will be governed and construed in accordance with the laws of the State of Nevada, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to our Sites or Terms, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in the State of Nevada, USA.

Notice and Consent to Electronic Communications

You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing. No Other Agreements By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these Terms constitute the entire agreement between you and NPK Marketplace related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. These Terms are effective as of the Effective Date (defined below). Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms.

Effective Date: January 1, 2024
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