Terms of Use

Terms of Service

January 1, 2025

Introduction

Welcome to Schlagel.net (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”) govern your use of our website and online parts store located at www.schlagel.net (together, the “Services”) operated by Schlagel Manufacturing, Inc., a Wyoming corporation. The “User” (also “you” or “yours”) is the individual or legal entity that creates an account with the Company to purchase and pay (“Order”) for farming equipment (“Products”), or inquire and communicate about any Order or Products.

Our Privacy Policy (“Privacy Policy”) also governs your use of the Services and explains how we collect, safeguard and disclose information that results from your use of our Services. Please read it here.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Services. Please email us at info@schlagel.net with any questions you may have about the Agreements.

Amendments to Terms

The Company may revise and update these Terms at any time and for any reason in our sole discretion. We will provide notice of the most recent version of these Terms by updating the “Last Updated” date above and you waive any right to receive specific notice otherwise of changes. All changes are effective immediately upon posting and apply to all access to and use of the Services thereafter. If you don’t agree with any changes to our Terms, you may stop using the Services.  Your continued access to and use of the Services signifies your acceptance of the revised and then-current Terms.

Products and Services

The Company designs and manufactures Products to aid in the single pass creation of seedbeds and fertilizer application in a variety of conditions and soil types. If we find that information relating to our Products or Services, such as on our websites, in order forms, or in product materials, contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, we reserve the right to correct, change or update that information or modify or cancel an order.  

User represents and warrants that (i) you are at least eighteen (18) years old, (ii) you are a resident of or an entity incorporated in the United States and its territories and possessions, (iii) you possess the legal authority to enter into binding legal obligations, and (iv) you will only use the Services to make a legitimate Order, or inquire about Products, for yourself or for whom you are legally authorized to represent. If you or the person making use of the Services makes an Order or inquire about Products for a third-party, you or the person making use of the Services agree to assume responsibility for (a) informing the third-party of the terms set out in these Terms and (b) obtaining the third-party’s agreement to the terms of these Terms. If you cannot comply with the aforementioned warranty and representation, you are prohibited from both the access and usage of the Services.

We may release new versions of, and updates to, the Services for the purpose of (I) solving defects and/or errors, (II) keeping the Services up to date with market developments, and (III) otherwise improving the Services. You may receive updates within your account or by other means regarding the aforementioned releases. We will only support the most recent version of the Services. The Company shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.

Accounts

The Company may require you to apply for an account and provide certain information about yourself in order to use the Services, place an Order or inquire about Products. You agree that you will provide truthful information and maintain the accuracy and completeness of your account information with us. You further agree that you are responsible for all use of your account and password, and you must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Users may be provided or asked to create a username and/or password, and we encourage you to safeguard that information to protect your account from unauthorized access.

You always have the right to terminate your account and can do so by contacting our Customer Service at info@schlagel.net. If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to limit, restrict or terminate your account, prohibit you from using the Services, and take any appropriate legal actions to protect the Company, our partners, or other Users. You can read more below in the section titled “Changes and Termination by Us”.

Purchases and Payments

When you place an Order, you enter into an agreement with the Company when we accept your Order. Your accepted Order will provide a description of the items, price, shipping, insurance (if applicable), taxes, and any other listed charges that you are responsible for paying upon checkout. Once the Company has accepted your Order and processed it for payment, you may not change or cancel it except as provided below in the section titled “Returns and Refunds; Limited Warranty”.  The Company reserves the right to modify or cancel Orders for any reason, including unauthorized or insufficient payment methods, shipping and delivery estimates, system or typographical errors affecting our items, fraud, or other unforeseen problems.

The listed pricing for our Products as posted in our Services is exclusive of any shipping fees and applicable levies, duties, or other governmental assessments of any nature, including but not limited to value-added, sales, use, general excise, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. User agrees to fully indemnify and hold harmless the Company, its partners, agents, and employees from and against (i) tax claims and liabilities of the Company for taxes for which you are responsible or liable, or (ii) where the Company has the legal obligation to pay, collect, withhold, and remit for, on behalf of, or instead of, User.

In order to submit an Order through the online parts store, you will be required to provide personally identifiable information to our payments processor (currently, Authorize.net) and agree to their own terms of use and privacy policy. We recommend that you read those terms carefully before submitting an Order. You are responsible for the accuracy and completeness of that data, and the Company specifically disclaims all liability resulting from or related to (i) any delay or unavailability of a payment in connection with the online parts store, or (ii) the fulfillment by the payments processor of any obligations under their terms of use and privacy policy. Complaints, claims, concerns, or questions regarding payments should be directed to the payments processor and not to the Company.

Returns and Refunds; Limited Warranty

The Company has a thirty (30) day return policy, which means you have thirty (30) days after receiving your Order to request a return with a 15% restocking fee applied. To be eligible for a return, the Product must be in the same condition that you received it and you must provide your order number or proof of purchase with RMA number provided by Schlagel Manufacturing. Images may be required for return approval.  To start a return, please contact us at info@schlagel.net. If your return is accepted, the Company will provide you with instructions on how and where to send the Product; you are responsible for all shipping charges. Items sent back to the Company without first requesting a return approval will not be accepted. Unfortunately, the Company cannot accept returns on sale items or gift cards.

The Company will notify you once it has received and inspected your return. If the return is accepted, you’ll be refunded on your original payment method within ten (10) business days. Please remember it can take some time for your bank or credit card company to process and post the refund. If more than fifteen (15) business days have elapsed since the Company has approved your return, please contact us at info@schlagel.net.

Please inspect your Order upon receipt and contact us immediately if the Product is defective, damaged, or if you receive the wrong Product, so that the Company may evaluate the issue and make it right. While we make every effort to ensure that you are thrilled with our Products, if you are dissatisfied, you may contact our Customer Service at info@schlagel.net for further assistance, subject to the terms of our Limited Warranty Policy.

Changes and Termination by Us

We reserve the right to withdraw or amend our Services, and any Products, services or materials we provide via the Services, in our sole discretion and without notice. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users.

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreements. All provisions of the Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You remain fully and solely responsible for fulfilling obligations owed to us executed prior to any suspension or termination of these Terms.

Prohibited Uses

You agree not to use the Services in a way that violates any laws, infringes any individual’s or entity’s rights, is inappropriate or offensive, or interferes with the Services (including any technological measures we employ to enforce the Agreements). You agree that the Company is not liable to you or any third-party for any access, use, modification, suspension, or discontinuance of the Services. The respectful use of the Services is important to us. You may not disarm, manipulate, work around, or disable any technological measures we employ to manage and safeguard the Services.

The Company specifically prohibits you from using the Services: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or attempt 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 the Services or any websites; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services. 

The Company may monitor the Services for violations of the Agreements and take appropriate legal action against anyone who, in our sole discretion, violates the law or the Agreements, including without limitation, reporting such user to law enforcement authorities; refusing, restricting access to, limiting the availability of, or disabling (to the extent technologically feasible) your user account or any of your content; and otherwise manage the Services in a manner designed to protect our rights and to facilitate our business. We may conduct and/or instruct a third-party to conduct an inspection or audit your records to the extent reasonably necessary to fulfill any legal or reporting obligations of the Company, and where we suspect non-compliance with these Terms by you. You shall cooperate fully with reasonable requests from us and such third-parties, providing access to all relevant books, records, premises, personnel and other information and making copies available as required.

By accessing and using the Services, you agree that you and the Company are independent contractors to each other.  You further acknowledge and agree that no additional partnership, joint venture, employee, employer or other relationship is intended or entered into by the Agreements. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership with, or as an employee of the Company or any of our affiliates or partners.

Links to Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company. Such third-party websites and materials are not necessarily affiliated with us and we do not endorse, monitor, or have any control or input over such third-party websites or materials. We are not responsible for examining or evaluating their content or accuracy. The Company does not warrant, and will not have any liability or responsibility for, any websites, materials, products, or services of third-parties. Any use by you of third-party materials is entirely at your own risk and discretion. We encourage you to carefully review the terms, conditions, and policies of any third-parties before you engage in any transactions with them. Complaints, claims, concerns, or questions regarding third-party websites, policies, products, or services should be directed to the third-party and not to the Company.

Communications

By creating an account on our Services, you agree to subscribe to newsletters, marketing and promotional materials and other information we may send. You agree that we may communicate with you and provide you with notices by email to the address then-current in your user account. Please review our Privacy Policy for further details about how to manage communications from us.

Intellectual Property

All trademarks, logos, and service marks (“Marks”) displayed within the Services and Products are the registered and unregistered trademarks of the Company or third-parties who have authorized their use by us.  The Services and Products are protected by copyright and other intellectual property rights, including but not limited to the images, likenesses, designs, and the like, except where explicitly noted otherwise (collectively “Intellectual Property”). You may not use, copy, edit, reproduce, republish, upload, post, transmit, distribute, create derivates of, or modify the Intellectual Property in any way without prior written approval from us and any third-party owner or licensor. You are prohibited from infringing or violating the Company’s Intellectual Property rights and we will enforce our rights to the fullest extent of the law.

Unless otherwise indicated, the Services and Products are our proprietary property and all materials, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as any Intellectual Property are owned or licensed and controlled by us, and are protected under various other intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions. These materials are provided by the Company “as is” for your information and personal use only.

Error Reporting and Feedback

You may provide us directly at info@schlagel.net with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Services (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) the Company may have development ideas similar to the Feedback; (iii) the Feedback does not contain confidential information or proprietary information from you or any third-party; and (iv) the Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.

Disclaimer of Warranties; Limitation of Liability

SUBJECT TO THE section titled “Returns and Refunds; Limited Warranty”, THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; HOWEVER, WE EXCLUDE ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE AGREEMENTS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE THEREOF. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (U.S. $100.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, including our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Agreements, the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Dispute Resolution; Arbitration; Governing Law; Assignment; Waiver

If you have a dispute with the Company, we invite you to reach out to us at info@schlagel.net so that we can try to resolve your concerns.  If after thirty (30) days we are unable to amicably resolve any claim or dispute between us arising under the Agreements, then you agree to have your claim or dispute resolved through confidential, individual, binding arbitration in the County of Goshen, Wyoming under the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”) and waive any right to a jury trial. 

The parties agree that one (1) arbitrator, selected jointly by the parties, will arbitrate the dispute. If the parties cannot agree on an arbitrator within twenty (20) days of the demand for arbitration, the arbitrator will be selected from the AAA panels and according to the Rules of the AAA. The decision of the arbitrator will be made in writing, is final and binding, and judgment may be entered in any court of competent jurisdiction.  The decision may not be vacated, modified, or appealed, except to the extent permitted by the terms of sections 10 and 11 of the Federal Arbitration. 

To the fullest extent of the law, such arbitration will be limited to a specific individual and may not be inferred to or against matters affecting other individuals’ interactions with the Company, thus meaning that you agree not to participate in any joint, consolidated or class action lawsuit or arbitration and you explicitly waive the right to have your claims consolidated into, asserted by, or determined according to a class action lawsuit or arbitration. 

The Agreements shall be governed by, construed, and enforced in accordance with the laws of the State of Wyoming, without giving effect to any conflict of law provisions. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

Notwithstanding this provision, either party may bring a claim related to intellectual property rights or seek temporary and preliminary specific performance and injunctive relief in any court of competent jurisdiction, without the posting of bond or other security.

You may not assign your rights under these Terms, including, without limitation, by operation of law or merger, without our prior written approval, and any attempt to assign these Terms without such prior approval is void. Our failure to enforce any right or provision of the Agreements will not be considered a waiver of those rights. If any provision of the Agreements is held to be invalid or unenforceable by a court, the remaining provisions of the Agreements will remain in effect. The Agreements constitute the entire agreement between us regarding our Services and Products, and supersede and replace any prior agreements we might have had between us regarding the Services and Products.

Contact Us

If you have any questions or concerns about these Terms, please contact us at the following:

A.         Email to info@schlagel.net is the fastest and most-preferred way to reach us.

B.         Via Direct Mail:   

Schlagel Manufacturing - 4154 Buttermilk Rd, Torrington, WY 82240

C.        Via Phone: (307) 532-4451