This Web Site may be one of several offered by AgReliant Genetics of information, products, services, Content 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, except to the limited extent stated otherwise therein.
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.
AgReliant Genetics 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 AgReliant Genetics 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.
By visiting the Site you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
Following are some definitions that explain some of the terminology used in these Terms.
- "AgReliant Genetics" refers to AgReliant Genetics, LLC and includes the following brands: AgriGold®, Eureka Seeds®, Great Lakes®, Golden Acres Genetics®, LG Seeds®, Producers Hybrids®, Wensman®, and PRIDE Seeds®.
- "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 AgReliant Genetics.
- The words "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using this Site for business or personal reasons, respectively and as applicable.
- "We," "Our" and other first person pronouns refer to AgReliant Genetics.
The trademarks, trade names, trade dress service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of AgReliant Genetics and others. 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 the Trademark owner, whether AgReliant Genetics or any third party. Except as expressly indicated on the Site, the name of AgReliant Genetics, any of its brands or any AgReliant Genetics 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 AgReliant Genetics.
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 AgReliant Genetics, including, without limitation, all Site Content is held by AgReliant Genetics or by the original creator of the material. AgReliant Genetics 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 Content or 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 AgReliant Genetics 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. AgReliant Genetics reserves all other rights not expressly granted by this License.
Confidential or Proprietary Information
AgReliant Genetics strives to provide the public broad access to information about its products and services. In doing so, it is not AgReliant Genetics's intention to waive any intellectual property rights, including, without limitation, trade secrets, AgReliant Genetics may have in information on this Site under applicable laws. AgReliant Genetics has policies and procedures in place that are designed to prevent the disclosure on this website of information that AgReliant Genetics 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 AgReliant Genetics, 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 AgReliant Genetics, you agree to destroy any copies of the information, in any form, in your possession.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password or to use an assigned User Name and Password in order to access features of this Site, then:
- You agree to use the Site solely for legitimate purposes.
- When registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
- 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.
AgReliant Genetics 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.
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 AgReliant Genetics'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 AgReliant Genetics is endorsing it or its products;
(d) may not misrepresent its relationship with AgReliant Genetics;
(e) may not present false information about AgReliant Genetics's products or services;
(f) may not use AgReliant Genetics'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.
AgReliant Genetics does not control and is not responsible for the Content of any third-party (non-AgReliant Genetics) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. AgReliant Genetics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AgReliant Genetics of the Site.
Disclaimer Of Warranties
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”. AGRELIANT GENETICS MAKES NO WARRANTY OR 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 AGRELIANT GENETICS 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 AGRELIANT GENETICS EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: AGRELIANT GENETICS 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 EXLCUSIONS MAY NOT APPLY TO YOU.
AGRELIANT GENETICS 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 AGRELIANT GENETICS 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, AGRELIANT GENETICS 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, AGRELIANT GENETICS 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 AGRELIANT GENETICS COMPANY.
USE OF "COOKIES" AND TRACKING TECHNOLOGY. AGRELIANT GENETICS AND ITS SERVICE PROVIDERS MAY 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 AGRELIANT GENETICS TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. AGRELIANT GENETICS 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 AGRELIANT GENETICS 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 AgReliant Genetics's liability for such product.
Limitation Of AgReliant Genetics'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 AGRELIANT GENETICS 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 PROPETY WHETHER THE ALLEGED LIBAILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABIITY OR ANY OTHER BASIS, EVEN IF AGRELIANT GENETICS 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 AgReliant Genetics, 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.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than AgReliant Genetics appears on this Site, AgReliant Genetics 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.
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. AgReliant Genetics respects the intellectual property of others, and we ask our visitors to do the same. AgReliant Genetics 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, AgReliant Genetics 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 AgReliant Genetics the following information. Please be advised that to be effective, notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit AgReliant Genetics to contact you;
5. 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;
6. 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:
AgReliant Genetics, LLC
Attention: General Counsel
1122 E. 169th Street Westfield, Indiana 46074
ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT AGRELIANT GENETICS 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. AGRELIANT GENETICS 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.
AgReliant Genetics may amend or 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 AgReliant Genetics'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 Indiana 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 Hamilton County, Indiana.
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 AgReliant Genetics 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
Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms. Effective Date These Terms were last revised on October 16, 2017 and govern your access of this Site from this date forward until a later revision is posted.