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Terms and Conditions:
TERMS OF SERVICE AGREEMENT
As manager, owner, partner, member of the organization, or stockholder, I am duly authorized to sign this application. I attest to the fact that the foregoing information documented on this application is true, complete and correct.
The applicant is a non-resident of Georgia, and hereby consents to and makes himself/herself/itself/themselves subject to the jurisdiction and venue of the courts of the state of Georgia and of the county of Fulton and the county in which any violation occurs and agrees that service of process shall be made by certified U.S. mail or other delivery service to the address herein given.
This Terms of Service Agreement ("Agreement") is made between Kelly Registration Systems, Inc. ("Company") and any person or entity (collectively "you", "your” or "I") who completes the submission process to use Company’s transaction processing service (the "Service").
BY CLICKING ON “I ACCEPT” OR ACCESSING OR USING ANY PART OF THE SERVICE AVAILABLE THROUGH THIS WEBSITE, WHICH IS CURRENTLY LOCATED AT www.kellysolutions.com and www.krsnetwork.com (“WEBSITE”), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON “I DO NOT ACCEPT,” AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
1. The Service
(a) Description. The Service is described in detail below. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. Company agrees to provide you with non-exclusive access to or use of the Service, consisting of access to the Website for the sole purpose of processing transactions, subject to the terms and limitations set forth in this Agreement.
Company provides an online method for its clients (Market Bulletin subscribers) to submit data and fees to various governmental entities. Offerings within the Service are regularly reviewed and revised, and in the future might include other governmental agencies or departments or private entities. You provide to Company for the purpose of subscribing all data required by the particular state or other entity in which you seek to subscribe. You also remit to Company the registration or renewal fees charged by a state or other entity ("Registration Fee" or "Renewal Fee," respectively; collectively, "Fee"), as well as a transaction fee (“Transaction Fee”) for each Transaction. A Transaction occurs each time you click on an icon, such as “click here to pay,” “submit” or “finish,” that results in transmittal of information from you to Company to be used in providing the Services to you. Examples of Transactions include Subscriptions to the Market Bulletin. In some cases a Transaction will require you to input information on multiple screens in order to complete the Transaction; in these cases, only one Transaction has occurred. Once the Company receives good funds from you, Company will transmit your Registration and/or Renewal Information and your Registration and/or Renewal Fee to the applicable state agency(ies) or other applicable entity for processing.
(b) Charges. Currently, Company accepts payment in the form of credit card, Automated Clearing House transactions (“ACH”) or check. Unfortunately, Company cannot pay interest on funds held for you. If paying by credit card, additional credit card transaction fees may also apply. If funds received by the Company must be returned to you at any point, Company will charge a processing fee as a result of such return. In addition, a processing fee shall also be charged for all checks returned for insufficient funds. You are responsible for any and all telephone access fees or Internet service fees that may be assessed by your telephone and/or Internet service provider.
(c) Limited Appointment of Agent. You hereby appoint Company to act as your agent solely for the purpose of performing the Services you request, with authority to process your Registrations and Renewals, and to remit Registration Fees and Renewal Fees (collectively, “Fees”) in your name for the Registration and/or Renewal submitted. You agree that Company is not an insurance agent for you or any insurance company, and acts merely as a data processor in any Transaction that involves insurance. Without limiting the foregoing, you also agree that Company does not act as your agent and shall not be responsible or liable to you in the following situations: (1) receipt of certificates of Registration/Renewal, or any other confirmation forms generated by the applicable entity; (2) receipt of correspondence from the applicable entity; (3) receipt of notices or other information from the applicable entity, including but not limited to renewal and cancellation notices; and (4) signing any document on your behalf.
(d) Acceptance of Funds and Remittance of Fees. The terms under which Company accepts funds from you and remits Fees to the applicable entity is described in detail above.
(e) Accessibility. You agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
(f) Third Party Content and Trademarks. The Website may contain content supplied by third parties. Any opinions, advice, statements, services, offers, or other promises, representations or warranties contained in such third party content are those of the respective author(s) or distributor(s) and not of Company. KELLYSOLUTIONS, ERENEWALS, EREGISTRATION, KRSNETWORK, KPRS, DOCUPARE, FIELDSURV, VOLCOM and the Kelly Registration and KRSNetwork logos are trademarks, service marks, registered trademarks or service marks of Company. Other product and company names found on the Website may be the trademarks of third parties.
2. Representations and Warranties
You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; (c) you have provided accurate and complete Registration Information and Renewal Information.
3. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your registration or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) submit or attempt to submit incorrect information to any government entity; (b) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (c) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (d) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
(a) Security. Company uses a cryptographic (digital certificate) key to secure account information sent between our server and your browser. Whenever you use the Service, Company’s server responds to your transmission by sending this key that is authenticated by your browser. This communication key encrypts the data sent by you and Company decrypts it when Company receives it. Company uses firewalls that are designed to protect your accounts from unauthorized access. Nonetheless, you are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
(c) Accuracy of Registration Information. You understand and agree that Company will collect and remit your Registration and Renewal Information to the entity you designate. You further understand and agree that Company does not examine your Registration and Renewal Information for accuracy, completeness or truthfulness, for which you are solely responsible. Because you are solely responsible for the content of your Registration and Renewal Information, Company cannot guarantee any results of its Service.
(d) Accuracy of Content. Company gathers information from state and Federal agencies concerning Registrations and Renewals (“Government Information”), which Company includes on the Website for information purposes only. Company provides the Government Information in substantially the same format as it is received from the applicable agency, but cannot guarantee the accuracy of the Government Information.
(e) Timeliness of Registration and Renewal Information. As used in this Agreement, the term "Business Day" means Monday through Friday, excluding Federal holidays; "Cutoff Time" means 8:00 p.m., U.S. Eastern Time on any Business Day and is the time by which you must remit good funds sufficient to cover the Fees to have them considered entered on that particular Business Day. In order for Company to process your Registration and/or Renewal in a timely manner, you must provide Registration and/or Renewal Information to Company no later than seven (7) Business Days at the Cutoff Time prior to the applicable government deadline and remit good funds sufficient to cover the Fees no later than five (5) Business Days at the Cutoff Time prior to the applicable government deadline.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT ANY GOVERNMENT INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IS COMPLETE OR ACCURATE, OR THAT THE WEBSITE OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED), NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED AND/OR STATUTORY WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, IN RELATION TO THE SERVICE. YOU HEREBY WAIVE ALL OTHER RIGHTS, OBLIGATIONS AND/OR WARRANTIES AND ASSUME ALL RISKS AND LIABILITIES IN RESPECT THEREOF. “Disabling Device” is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF OR DAMAGE TO REVENUES, PROFITS OR GOODWILL OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ARISING UNDER CONTRACT OR TORT, (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INFORMATION, USE OF OR RELIANCE ON THE GOVERNMENT INFORMATION, LOST PROFITS, BUSINESS INTERRUPTION, ERRORS, DEFECTS (BOTH PATENT AND LATENT), MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF REGISTRATION OR RENEWAL INFORMATION OR REGISTRATION OR RENEWAL FEES DUE TO YOUR BREACH OF THIS AGREEMENT, ANY OTHER FAILURE OF PERFORMANCE, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER RESULTING FROM BREACH OF CONTRACT OR BREACH OF WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. Notwithstanding anything herein to the contrary, as a limitation on damages, the maximum aggregate amount of money damages for which Company may be liable to you for each Transaction under this Agreement, resulting from any cause whatsoever, shall be limited to the lesser of the Transaction Fee remitted by you in connection with the Transaction from which such damages arose, or $50.00. In the event the Transaction did not require payment of any Transaction Fee, the limitation on damages shall be $50.00.
You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person or entity, arising out of or relating to: (a) this Agreement; (b) your breach of any of your Representations or Warranties; or (c) your use of the Service, including any data or work transmitted by you.
(a) Law and Venue. Company operates and controls this Website from its offices located in the state of Georgia in the United States. If you choose to access this Website outside of the state of Georgia through your own initiative, you are responsible for compliance with all applicable laws. This Agreement shall be governed by the laws of the State of Georgia and the United States without reference to conflicts of laws. The sole jurisdiction and venue for any litigation arising out of this Agreement or the Services shall be an appropriate federal court in the Northern District of Georgia or a state court located in Newton County, Georgia. You hereby waive any objection to personal jurisdiction in any proceeding before such courts and consent to personal jurisdiction in such courts.
(b) Conflicting Terms. The terms and conditions of any purchase order or other ordering document issued by you in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement shall not be binding on Company and shall not be deemed to modify this Agreement.
(e) Binding on Successors and Assigns. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.
(f) Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY OR LIMITED WARRANTY IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
(g) Survival. The respective rights and obligations of the parties under Sections 2, 3, 4, 6, 7, 8 and 9 shall survive any termination or expiration of this Agreement.
Revised March 2006
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