Terms & Conditions

Welcome to the Potash America, Inc. Web Site. This Web site has been designed to provide general information about Potash America, Inc (Company) and its products and services. You may use this Web site, provided you comply with these terms and conditions.

Your Acceptance of These Terms and Conditions

Please take a few minutes to carefully review these terms and conditions. By accessing and using this Web site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this Web site. The Privacy Statement, which can be accessed on this Web site via the link at the bottom of these pages forms an integral part of these Terms & Conditions.

These Terms and Conditions May Change

Potash America reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions every time you use this Web site. These terms and conditions were last revised on August 15, 2011.

Copyright Notice and Limited License

Everything you see and hear on this Web site (the “Content”), including, for example, all of the text, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted.

You may download, store, print, and copy selected portions of the Content of this site, Example: corporate compliance policy, news releases, images of board members or advisory board members as long as images are being used with published news releases from Potash America unedited or modified.

(1) only use the Content you download to further your business dealings with Potash America ;
(2) You may distribute published Potash America News Releases (Content) across the internet as long as it is in the mining rare minerals industry;
(3) You may not copy, use or distribute any components (images, graphics) that make up this web site’s design.;
(4) do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Potash America.

Except as expressly stated above, no right, title or interest in the downloaded Content is transferred to you when you download Content from this site. Except for the limited, non-exclusive license expressly granted above, nothing contained in these terms and conditions and on this Web site shall be construed as conferring a license or any other right under any copyright, trademark, patent, or other intellectual property right of Potash America or any third party.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Web site (the “Trademark(s)”) are registered and unregistered trademarks of Potash America, one of its affiliates, or third parties who have licensed their Trademarks to Potash America or one of its affiliates.

Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Potash America written permission.

Unsolicited Ideas

Potash America welcomes your comments and feedback regarding this Web site. All information and materials submitted to Potash America through this Web site, such as any comments, feedback, ideas, questions, designs, data or the like, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information and any original creative materials.

By submitting communications and/or materials to Potash America through this Web site, you assign to Potash America, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials you submit to Potash America. Potash America will be entitled to use any information and/or materials you submit through this Web site, and any ideas, concepts, know-how or techniques contained in any such information and/or materials, for any purpose whatsoever, included but not limited to developing, manufacturing and marketing products using such information or materials without restriction and without compensating you in any way.

You are responsible for the communications you submit through this Web site, including, without limitation, their truthfulness and accuracy.

Please note that your submissions (e.g. via our contact form) do not have any legally binding effect on Potash America. Therefore, invoices, reminders and the like must be exclusively sent to the addresses set forth in the respective contract.

Third-Party Information

Some of the information, articles and other materials available through this site are provided to Potash America by third-parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. Potash America does not warrant or represent that these materials are current, accurate, complete or reliable. Potash America accepts no responsibility for any use to which third party information is put.

Links to Other Web sites

This site contains hyperlinks to Web sites that are not operated by Potash America. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party Web sites or any association with their operators. Potash America does not control these Web sites and is not responsible for their contents. You access and use these Web sites solely at your own risk.

Product Information

Any information contained or referenced in this Web site is suitable only and is not to be construed other than as an introduction to Potash America and its products and services. For specific advice and instructions related to our products and services, please contact Potash America directly. Persons intending to use mineral, clay or soil products produced or manufactured by Potash America must read and follow the label accompanying that product and comply with all applicable laws and regulations relating to the use of that product. Before using any manufactured or produced product by Potash America, be sure that it is registered for use in your country.

Right to Alter Web site

POTASH AMERICA RESERVES THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS WEB SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS WEB SITE, OR TO SHUT DOWN THIS WEB SITE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Forward-Looking Statements

Our Web site may contain forward-looking statements – i.e., statements not of historical fact, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, with regard to which Potash America shall in no way be liable. These statements involve inherent risks and uncertainties, many of which are outside of Potash America’s control. Potash America undertakes no obligation to update any of the statements in light of new information or future events.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, POTASH AMERICA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, POTASH AMERICA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. POTASH AMERICA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALTHOUGH POTASH AMERICA HAS MADE AND WILL CONTINUE TO MAKE GREAT EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. POTASH AMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL POTASH AMERICA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, TO THE EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, POTASH AMERICA SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE; THIS APPLIES IN PARTICULAR TO ANY REFERENCES TO PRODUCTS AND SERVICES SUPPLIED BY POTASH AMERICA. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF POTASH AMERICA AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Effective Date

The terms and conditions set forth above are effective as of August 15, 2011.