KS Fertilizer Blender License Renewals

KS Fertilizer Blender License Renewals

You can electronically submit your Fertilizer Blender License to the Kansas Department of Agriculture in 4 simple steps. If you do not have a Username and Password, please email stuart@kellyreg.com or call 1-800-803-5777.

Terms and Conditions: (Click Here For Printable Version)

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 registration or
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 to submit electronic
documents ("Document Submit"), submit UPC’s electronically (“UPC Submit”) and
process registrations ("Registration") and renewals ("Renewal”) of regulated
products and services, licenses, certification, permits and applications and
the corresponding documentation, as required by 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.  The Service varies from entity to entity and is currently
unavailable to process any Federal Registrations.  You provide to Company for
the purpose of Registration and/or Renewal and/or UPC Submit and/or Document
Submit all data required by the particular state or other entity in which you
seek to register ("Registration Information" or "Renewal Information" or “UPC
Submit” or "Document Submit Information," respectively).  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 Registrations, Renewals and UPC Submissions.  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.  UPC Submit and Document Submit Information requires no
fee and information will be submitted to the applicable entity(ies)  on a time
line established between Company and the applicable entity(ies).

(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.

4. Limitations 
(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.

(b)  Privacy.  Company’s privacy policy, as amended from time to time, is
available at www.kellysolutions.com and krsnetwork.com and is by this
reference made an integral part of this Agreement.  Notwithstanding anything
in this Agreement to the contrary, any personal information posted by you on
or using the Website is at your own risk.

(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.

5. Termination 
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.

8. Indemnification 
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.

9. Miscellaneous 
(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.

(c)  Interpretation.  The Website contains web pages that are available
without a user name and password (“Public Pages”) and web pages that are
available only with a user name and password (“Private Pages”).  This Terms
of Service Agreement applies only to your use of the Private Pages.  Your use
of the Public Pages is governed by the Terms of Use found on the Website.

(d)  Amendment. Company shall have the right, at any time and without notice,
to add to or modify the terms of this Agreement (including the Privacy
Policy), simply by posting such amended terms on the Website. Your access,
link to or use of the Service after the date such amended terms are posted or
otherwise communicated to you shall be deemed to constitute acceptance of
such amended terms.

(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 May 2003

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