Cotton Seed Distributors Ltd ("CSD") provides access to and the use of the CSD website located at www.csd.net.au, and all associated sites linked to www.csd.net.au by CSD ("the Site") subject to the following terms and conditions, as amended by CSD from time to time ("these Terms and Conditions"). Your use of the Site constitutes your agreement to all the Terms and Conditions.
1. Terms of Access
- (a) BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, YOU MUST CEASE USING THE SITE IMMEDIATELY.
- (b) CSD may from time to time amend, update, or change these Terms and Conditions, without prior notice, and will post these changes on the Site. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
- (c) CSD may at any time, without notice, interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- (d) You may download material from the Site, provided that you:
- (i) do not falsify or delete any attributions or other proprietary notices or indications of origin or source of any such material;
- (ii) use such material only for your personal informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
- (iii) make no modifications to any such material,
- (e) You must not:
- (i) interfere with or attempt to interfere with the Site or servers or networks connected to the Site, or with any other person's use of the Site;
- (ii) attempt to gain unauthorised access to the Site or any portion or feature of the Site or computer systems or networks connected to the Site or to any CSD server, or to any of the services offered on or through the Site, by any means;
- (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
- (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CSD’s systems or networks, or any systems or networks connected to the Site or to CSD; or
- (v) use the Site or any material on or accessible through the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
- (f) CSD may deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that in CSD's opinion:
- (iv) violates any of these Terms and Conditions; or
- (v) violates the rights of CSD or any third parties; or
- (vi) is otherwise inappropriate for continued access and use of the Site.
- (g) You agree to indemnify and hold harmless CSD and its officers and employees from and against all claims, liability, damages, and costs arising from your use of the Site or your failure to comply with these Terms and Conditions, or from your violation of any applicable law.
3. Disclaimers & limitations of liability
- (a) The information on this Site is intended as a general guide only and does not purport to be comprehensive or to render specific technical or professional advice. Circumstances vary from region to region and from farm to farm, and you should take into account all the particular circumstances of your farm, and all applicable technology providers and other guidance and directives, and obtain all appropriate input from independent, qualified advisers, before using or relying on anything on or accessible through this Site.
- (b) All information provided on the Site is subject to change without notice.
- (c) CSD makes no commitment to update any material on the Site;
- (d) Subject only to 3(e) below:
- (i) this Site is provided by CSD on an "as is" basis without any express or implied warranty of any kind;
- (ii) CSD gives no warranties and makes no representations as to the accuracy, adequacy or completeness of any material on or accessible through this Site or its suitability for use in any particular circumstances, or that your use of the Site will provide specific results;
- (iii) CSD does not warrant that access to or use of this Site will be uninterrupted or error free or that any defects will be corrected or that the Site or any material on or accessible through the Site is free from errors or viruses, trojan horses or other contamination or destructive features.
- (iv) all conditions, warranties and guarantees by CSD, express or implied, arising by virtue of statute or otherwise and whether as to the Site, or your use of the Site, or any material on or accessible through the Site, or otherwise, are hereby expressly negatived and excluded and CSD shall not be liable in contract, negligence, equity or otherwise for any loss or damage suffered by any person arising from use of this Site including from reliance upon any information, statement or opinion on or accessible through this Site or from any errors or omissions in any material on or accessible through this Site, including without limitation, for any special, indirect, incidental or consequential loss or damage, even if CSD has been advised of the possibility of such loss or damage;
- (e) If any term, condition or warranty is implied into this these Terms and Conditions by law, or if any guarantee in respect of CSD Seed or any other goods or services supplied by CSD under this Agreement is created by the Australian Consumer Law or other legislation, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in these Terms and Conditions, or the guarantee shall apply and shall not be excluded, restricted or modified, PROVIDED THAT CSD’s liability for a breach of any such term, condition or warranty, or for failure to comply with any such guarantee (other than a guarantee under sections 51, 52 or 53 of the Australian Consumer Law), including any economic or consequential loss or damage which Grower may sustain, will be limited at CSD’s option to:
- (i) in the case of supply of goods, either replacing the goods or supplying equivalent goods or paying the cost of replacing the goods or acquiring equivalent goods;
- (ii) in the case of supply of services, either supplying the services again, or paying the cost of having the services performed again.
4. Links to other sites
- (a) This Site may contain links to third party websites. Those links are provided solely as a convenience to visitors to the Site. Such linked sites are not under CSD’s control, and CSD is not responsible for and does not recommend or endorse the content of such linked sites or any information or materials contained on such linked sites or any products or services mentioned or described on such linked sites.
5. Intellectual property rights
- (a) All information, text, photographs, graphics, images, video and audio clips, trade marks, user interfaces, layout, look and feel, and control features of or on the Site (the "Content") is protected by copyright, trade mark and other intellectual property laws, and is owned or controlled by or licensed to CSD.
- (b) You must not modify, copy, reproduce, republish, frame, upload to a third party, transmit or distribute in any way any of the Site or the Content except as expressly provided in these Terms and Conditions or as permitted by the Copyright Act.
- (a) If any provision of these Terms and Conditions is void, voidable, illegal or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, but without in any way affecting the effectiveness, validity, legality or enforceability of the remaining provisions of these Terms and Conditions.
- (b) The fact that CSD fails to do, or delays in doing, something CSD is entitled to do under these Terms and Conditions, does not amount to a waiver of any of CSD’s rights; nor shall any course of conduct between CSD and you or any other party be deemed to modify any provision of these Terms and Conditions.
- (c) These Terms and Conditions are governed by and must be construed in accordance with the laws of New South Wales. All parties submit to the jurisdiction of the Courts of New South Wales.
Monsanto Terms & Conditions of Use
Welcome. This Web Site is one of several offered by Monsanto around the world offering information, products, services, Content (defined below) and various other functionality to Visitors, some of which may be intended for specific regions of the world or specific product lines. While the Content of those sites may vary from site to site and region to region, these Terms and Conditions of Use (hereinafter simply “Terms”) are applicable generally to each Site.
Your use of this Site is subject to these Terms and to the licenses and permissions herein contained. These Terms form a contract with you. A link to these Terms is posted prominently on the Home Page of this Web Site and will be continually available for your review.
YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Monsanto may revise these Terms at any time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.
To the extent any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from this agreement and the remainder of this agreement shall be remain in force and effect. The failure of Monsanto to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Web Site from countries, if any, in which its Content is illegal is strictly prohibited and would be a violation of these Terms. If you choose to access this Site from such locations, do so at your own initiative and risk. You are responsible for compliance with applicable local laws.
Not all products, programs and services which may be described on a Monsanto Site are available in each and every country. When in doubt, contact a local Monsanto representative in your area to determine precisely what is available to you. Persons intending to use a Monsanto product described in this Web Site must follow product label directions and comply with all applicable laws and regulations relating to the product.
- The words "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using this Site for personal business, respectively and as applicable.
- "Monsanto" refers to Monsanto Company and to each of its subsidiaries and affiliates.
- "We," "Our" and other first person pronouns refer to Monsanto.
- "Site" means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by Monsanto.
Compliance with Local Law
Monsanto operates from its World Headquarters in St. Louis, Missouri, USA. However, this Site may be operated from the World Headquarters, from any of Monsanto's many divisions and affiliates located around the world, or hosted on our behalf by any third party.
Monsanto makes no representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be viewed.
The trademarks, trade names, trade dress service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Monsanto and others. Unless otherwise stated on the Site, 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 written permission of Monsanto or any third party that may own the Trademarks. Except as expressly indicated on the Site, the name of Monsanto Company or the Monsanto logo 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 Monsanto
.Your Use of Copyrighted Material on this Site
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. The copyright in the arrangement of and or components of all material provided on this Site by Monsanto, including, with out limitation, all Site Content is held by Monsanto or by the original creator of the material. Monsanto grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming the Site, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Monsanto or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. Monsanto reserves all other rights not expressly granted by this License.
The foregoing limitation does not apply to Material Safety Data Sheets (MSDS) or to product labels which may be furnished on the Site and which are intended for reproduction and use.
Confidential or Proprietary Information
Monsanto strives to provide the public broad access to information about its products and services. In doing so, it is not Monsanto's intention to waive any intellectual property rights, including, without limitation, trade secrets, Monsanto may have in information on this Site under applicable laws. Monsanto has policies and procedures in place that are designed to prevent the disclosure on this website of information that Monsanto considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Monsanto, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Monsanto, you agree to destroy any copies of the information, in any form, in your possession.
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- You agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security. (Send your notice to us via the Contact Us section of this Site.)
- You agree not to share your User Name or Password with any other person.
- You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.
Monsanto reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your User Name or Password.
For any Monsanto Site that permits you to place orders or otherwise effect transactions with Monsanto, additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions. Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business And complete the transactions. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Monsanto, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.
By entering into a transaction with Monsanto through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
Acceptable Uses of the Site
You are specifically prohibited from using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Web Sites for violating any of the prohibited uses.
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to Monsanto's Site:
(a) may link to, but not replicate, Content on this Site;
(b) may not create a browser or border environment around Content on this Site;
(c) may not imply that Monsanto is endorsing it or its products;
(d) may not misrepresent its relationship with Monsanto;
(e) may not present false information about Monsanto's products or services;
(f) may not use Monsanto's Trademarks without express written permission; and
(g) may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups.
Monsanto does not control and is not responsible for the Content of any third-party (non-Monsanto) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Monsanto is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Monsanto of the Site.
Disclaimer Of Warranties
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”. MONSANTO MAKES NO WARRANTY OT REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND MONSANTO MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO MONSANTO EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: MONSANTO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MONSANTO RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND MONSANTO WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, MONSANTO DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, MONSANTO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF MONSANTO COMPANY.
USE OF "COOKIES" AND TRACKING TECHNOLOGY. MONSANTO AND ITS SERVICE PROVIDERS USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES AND OTHER TRACKING TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, ETC.(“WEB TRACKING TECHNOLOGY”), TO ENABLE MONSANTO TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. MONSANTO MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. BY USING THE SITE, YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITE OR BY MONSANTO THIRD-PARTY SERVICE PROVIDERS BY CONTINUING USE OF THE SITE.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls Monsanto's liability for such product.
Limitation Of Monsanto's Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT MONSANTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF MONSANTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your indemnification Obligation
You agree to defend, indemnify and hold harmless Monsanto, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or Content on the Site.
Disclaimer For Forward-Looking Statements
Certain statements contained on this Site are "forward-looking statements," such as statements concerning the company's anticipated financial results, current and future product performance, regulatory approvals, business and financial plans and other non-historical facts. These statements are based on current expectations and currently available information. However, since these statements are based on factors that involve risks and uncertainties, the company's actual performance and results may differ materially from those described or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, among others: competition; contingencies related to intellectual property protection, regulatory matters, and public acceptance of biotechnology products; research and development success; litigation; developments related to foreign operations; acquisitions; commodity prices; regulations affecting manufacturing; inventory levels; the company's ability to obtain financing and payment for the products that it sells; weather, natural disasters and accidents; and other risks and factors detailed in the company's most recent periodic filing with the SEC. Undue reliance should not be placed on these forward-looking statements, which are current only as of the date of their posting to this Site. Monsanto disclaims any current intention or obligation to update any forward-looking statements or any of the factors that may affect actual results.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than Monsanto appears on this Site, Monsanto does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
When Visitors May Post to a Monsanto Site
If this Site permits you to post or upload comments or any other Content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, Content, text, data, messages or other materials, whether posted to the Site or privately transmitted (“Material(s)”) are the responsibility of the person from which the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.
Monsanto does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. Monsanto will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.
While Monsanto does not and cannot review every communication or information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, Monsanto reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Content that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree that you will not use Material to:
- upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening or otherwise objectionable material;
- upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another;
- harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
- transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- post Material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
- transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Materials or any other form of solicitation; and
- distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge and agree that Monsanto may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of Monsanto, its customers and/or Visitors of the Site.
Monsanto's Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary.By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant Monsanto and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.
Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Monsanto respects the intellectual property of others, and we ask our visitors to do the same. Monsanto will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Monsanto will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Monsanto the following information. Please be advised that to be effective, notification must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
- Your address, telephone number and e-mail address and all other information reasonably sufficient to permit Monsanto to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Monsanto Company Law Team
Attention: Trademark Counsel
800 North Lindbergh Blvd.
St. Louis, MO 63167
ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT MONSANTO AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. MONSANTO RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITES.
Monsanto may terminate these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Sites, if, in Monsanto's sole discretion, you fail to comply with any term or condition of the Terms.
Choice of Law and Forum
These Terms will be governed and construed in accordance with the laws of the State of Missouri, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to our Sites or Terms, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in St. Louis County, Missouri.
Notice and Consent to Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
No other Agreements
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these Terms constitute the entire agreement between you and Monsanto related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. These Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms
These Terms were last revised on October 15, 2013 and govern your access of this Site from this date forward until a later revision is posted.