Terms of Use

Introduction

These are the Website Terms of Use (the “Terms”) for Akralos Animal Nutrition LLC (“Akralos”). These Terms apply when you visit our website at www.akralos.com (our “website”). These Terms and the Privacy Policy constitute the entire agreement between you and Akralos regarding the use of the website.

Your Responsibilities

Please be aware that these Terms constitute a binding legal agreement between you and Akralos. You agree you are responsible for your use of our website and any resulting consequences. You may use our website and interact with us only in compliance with these Terms and all applicable laws. Your use of our website constitutes your acceptance of these Terms and our Privacy Policy.

When using certain Akralos services, you may be subject to any additional terms that are otherwise made available from time to time.

Eligibility Requirements

By accepting these Terms through your use of our website and services, you certify that you are at least 18 years of age. If you are under the age of 18, you are not permitted to use our website.

Your Representations & Warranties to Akralos

By using our website, you represent, warrant, and agree:

  1. You meet all age and eligibility requirements expressed in these Terms; and

  2. You will only use our website for lawful purposes.

Prohibited Uses

You agree not to use the website or our services:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

  3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

  4. To impersonate or attempt to impersonate Akralos , an Akralos employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

  5. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Akralos or users of the website, or expose them to liability.

Additionally, you agree not to:

  1. Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.

  2. Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.

  3. Use any manual process to monitor or copy any of the material on the website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  4. Use any device, software, or routine that interferes with the proper working of the website.

  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website or attack the website in any way.

  7. Otherwise attempt to interfere with the proper working of the website.

Services and Availability

We reserve the right to withdraw or amend our website, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the entirety of our websites and services.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. Akralos reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.

Intellectual Property

Service Content, Software and Trademarks. You acknowledge and agree that our website may contain content or features (“website content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Akralos , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our website or website content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our website. You may not access our website through robots, scraping tools or similar data-gathering or extraction methods.

The Akralos name and logos are trademarks and service marks of Akralos (collectively the “Akralos Trademarks”). Other company, product, and service names and logos used and displayed via our website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Akralos. Nothing in these Terms or in our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Akralos Trademarks displayed through our website, without our prior written permission in each instance. All goodwill generated from the use of Akralos Trademarks will inure to our exclusive benefit.

Third-Party Material. Under no circumstances will Akralos be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Akralos does not have a duty to pre-screen content, but that Akralos and its designees will have the right in their sole discretion to refuse or remove any content that is available via our website. This includes the right to remove any content that violates these Terms or is deemed by Akralos to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Website. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information (“feedback”), provided by you to Akralos is non-confidential, and Akralos will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Akralos may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Akralos, its users and the public. You understand that the technical processing and transmission of our website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

Third-Party Websites

Our website may provide links or other access to other third party sites and resources on the Internet. Akralos has no control over such sites and resources and Akralos is not responsible for and does not endorse such sites and resources.

Communications

As part of your use of our website, you consent to receive electronic notifications from Akralos. You may opt-out of receiving certain notifications from Akralos by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.

Third-Party Advertising & Marketing

Akralos may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our website and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from Akralos and our partners. If you do not wish to receive such advertising, you opt out with the instructions provided within the communication. Akralos may compile and release information regarding you and your use of our website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our website.

Indemnity and Release

You agree to release, indemnify, and hold harmless Akralos, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of website and interactions with us, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Website

YOUR USE OF OUR WEBSITE AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AKRALOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AKRALOS MAKES NO WARRANTY THAT (I) OUR WEBSITE OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AKRALOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AKRALOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (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 OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL AKRALOS ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AKRALOS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

General

Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.

Governing Law. Terms will be governed by the laws of Kentucky without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Akralos agree to submit to the personal and exclusive jurisdiction of the local courts located in Nicholasville, Kentucky and the federal courts located in the United States District Court for the Eastern District of Kentucky. Akralos may assign or transfer these Terms, in whole or in part, without restriction.

No Waiver. The failure of Akralos to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Headquarters

3031 Catnip Hill Road, Nicholasville, Kentucky 40356, USA