Copyrights

This Site and the materials within it are © 2022 Orlando Topsoil.

Use License

Orlando Topsoilgrants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth herein), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products, or services from this Site.

Your use of this Site constitutes your acceptance of the notices, terms and conditions set forth herein. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. As a condition of your use of this Site, you represent and warrant to Orlando Topsoil that you will not use this Site for any purpose that is unlawful, immoral, or prohibited by these terms, conditions, and notices. Other than this agreement and agreements between you and Orlando Topsoil relating to the sale of products or services to you through this Site, Orlando Topsoil will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks

The trademarks, service marks, and logos (collectively the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Orlando Topsoil and others. 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 prior written permission of the Trademark owner. Orlando Topsoil aggressively enforces its intellectual property rights to the fullest extent of the law. The name Orlando Topsoil, theOrlando Topsoil logo or the other Orlando Topsoil formatives 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 Orlando Topsoil. Orlando Topsoil prohibits use of the Orlando Topsoil logo as part of a link to or from any site unless establishment of such a link is approved in advance by Orlando Topsoil in writing. Fair use of Orlando Topsoil Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Product Orders

Orlando Topsoil will use our best efforts to fulfill all orders, however we cannot guarantee the availability of any particular product displayed on this Site. Orlando Topsoil reserves the right to discontinue the sale of any product listed on this Site at any time without notice. 

We reserve the right to limit quantities to the amount reasonable for our customers.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which 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.

While our goal is a completely error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Orlando Topsoil reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted).

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than Orlando Topsoil. Such links are provided for your reference only. Orlando Topsoil does not control outside sites and is not responsible for their content. Orlando Topsoil’s inclusion of links to an outside site does not imply any endorsement of the material on that siteor, unless expressly disclosed otherwise, does not imply any sponsorship, affiliation, or association with its owner, operator, or sponsor, nor does Orlando Topsoil’s inclusion of the links imply that Orlando Topsoil is authorized to use any trade name, trademark, logo, seal, or copyrighted symbol that may be reflected in the linked site.

NO WARRANTIES; EXCLUSIONS OF LIABILITY

ORLANDO TOPSOIL MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ORLANDO TOPSOIL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ORLANDO TOPSOIL SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT,TO THE EXTENT PERMISSIBLE BY STATE LAW, SHALL EITHER ORLANDO TOPSOIL, ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Although Orlando Topsoil will, in most circumstances, be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Orlando Topsoil does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

Uploaded Content

By submitting any content to Orlando Topsoil (including photos), via this Site or otherwise, you represent and warrant that:

• You are the sole author and owner of the intellectual property rights thereto; and
• All “moral rights” that you may have in such content have been voluntarily waived by you; and 
• Use of the content you supply does not violate this agreement and will not cause injury to any person or entity

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate, or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• that is, or may reasonably be considered, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files

You agree to indemnify and hold Orlando Topsoil (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown, including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant Orlando Topsoil and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third parties at Orlando Topsoil’s sole discretion. Orlando Topsoil reserves the right to change, condense or delete any content on this Site that Orlando Topsoil deems, in its sole discretion, to violate this agreement. Orlando Topsoil does not guarantee that you will have any recourse through Orlando Topsoil to edit or delete any content you have submitted. You acknowledge that you, not Orlando Topsoil, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Orlando Topsoil, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers and employees.

General

You agree that this agreement and your use of this Site are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in the venue nearest to Bradenton, Florida in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreementwithout limitation, including this paragraphand the warranty disclaimers and liability exclusions above. Orlando Topsoil has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

WITH THE PRIOR AGREEMENT OF ORLANDO TOPSOIL, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN BRADENTON, FL, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

Orlando Topsoil may, at any time and without notice, change the terms, conditions, and notices under which this Site is offered, however, any change to the terms after your last usage of the Site will not be applied retroactively.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Orlando Topsoilas a result of this agreement or your use of this Site.

Orlando Topsoil’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Orlando Topsoil’s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Orlando Topsoil with respect to such use.

This agreement, the privacy, and terms of sale constitute the entire agreement between you and Orlando Topsoil with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Orlando Topsoil with respect to this Site. No modification of this agreement shall be effective unless it is authored by Orlando Topsoil. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Orlando Topsoil in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Orlando Topsoil in printed form.

Orlando Topsoil may make employment information available through this Site. Orlando Topsoil is an equal opportunity employer. Orlando Topsoil provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Orlando Topsoil’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits, and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS, AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE ORLANDO TOPSOIL OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Copyright © 2022 Orlando Topsoil

All Rights Reserved.