Terms and Conditions - Version 7.3

THIS IS A BINDING LEGAL AGREEMENT, PLEASE REVIEW IT CAREFULLY AS IT LIMITS YOUR RIGHTS AND DEFINES MANY OF YOUR RESPONSIBILITIES.

ACCEPTANCE OF TERMS

The following are terms of a legal agreement between you and Crop Data Management Systems, Inc. (hereinafter “CDMS”). By accessing, browsing and/or using this Web site (“Site”), you agree to be bound by the following terms and conditions and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms and conditions (“Terms and Conditions”), do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by CDMS from its offices within California. CDMS makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Site from other locations you do so on your own initiative and agree that you are solely responsible for compliance with all applicable local laws.

CDMS may revise the Terms and Conditions at any time by posting a revised version on the Site. YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THE TERMS AND CONDITIONS AS POSTED, INCLUDING ANY REVISIONS.

DISCLAIMERS

CDMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CDMS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES, ADDITIONS AND DELETIONS ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CDMS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE. INFORMATION AVAILABLE ON THIS SITE IS BASED ON INFORMATION MADE AVAILABLE BY MANUFACTURERS OF AGRI-CHEMICALS AND IS NOT INDEPENDENTLY VERIFIED. FURTHER, INFORMATION AVAILABLE ON THE SITE IS NOT A SUBSTITUTE FOR YOUR OWN PROFESSIONAL JUDGMENT REGARDING USE OF AGRI-CHEMICALS OR LEGAL REQUIREMENTS.

Descriptions of, or references to, products, services or publications from this Site do not imply endorsement of that product, service or publication. CDMS makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.

LIMITATION OF LIABILITIES

IN NO EVENT SHALL CDMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE (INCLUDING CDMS’ NEGLIGENCE) OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR INFORMATION AVAILABLE IN THIS SITE. IN NO EVENT SHALL CDMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE TO ANYONE FOR ANY CLAIM, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE (INCLUDING CDMS’ NEGLIGENCE) OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR INFORMATION AVAILABLE IN THIS SITE. IF THE FOREGOING DISCLAIMER IS UNENFORCEABLE IN ANY JURISDICTION, CDMS’ AGGREGATE LIABILITY FOR USE OF INFORMATION AVAILABLE OR NOT AVAILABLE ON THE SITE SHALL BE LIMITED TO $100.00.

INTELLECTUAL PROPERTY

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of CDMS or other third parties. You are not permitted to use these Marks without the prior written consent of CDMS or such third party which may own the Mark.

The copyright (and all other intellectual property) in all material provided on this Site is held by CDMS or by its licensors. Except as stated herein, none of the material may be copied, reproduced, reverse engineered, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CDMS or the copyright owner. Permission is granted to display the materials on this Site for facilitating proper product use only by you for your own use. You may print a selected record for your internal reference. You may not copy, download, link, archive, frame, modify, update, populate, distribute, sublicense, create derivative works of the materials without CDMS' prior written permission (e.g., you may not download product information from this site to create, store or utilize in a database, without CDMS’ consent). You may not use your access to this information on a service bureau basis. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You hereby acknowledge that any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by CDMS or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

EXTERNAL LINKS

CDMS may provide links to other sites that it feels are relevant to Users (“Link Sites”). CDMS is not responsible for the content on the Link Sites and is not responsible for the accuracy of information and intellectual property notices therein. Some of these Link Sites may provide User with opportunities to purchase products. CDMS does not endorse any such products nor does CDMS make any representations or warranties in connection with such products available through the Link Sites. CDMS is providing these links only as a convenience, and CDMS reserves the right to change, add or delete Link Sites from time to time without notice.

PRIVACY

Use of this Site is subject to the terms of CDMS’ Privacy Policy

GENERAL PROVISIONS

GOVERNING LAW. These Terms and Conditions are governed by the laws of the State of California without regard to conflict of law provisions. You hereby consent to the personal and exclusive jurisdiction of the state or federal courts located in Yuba County, State of California.

ENTIRE AGREEMENT. These Terms and Conditions, together with any other policies CDMS may post, constitute the entire agreement between CDMS and User in connection with User’s use of the Site, and supersede any prior versions of the Terms and Conditions, if applicable. CDMS may update these terms and conditions from time to time by posting revised terms and conditions on the Site, without other notice to you, and your subsequent use of the Site is governed by those new terms and conditions. The Terms and Conditions are effective until terminated by CDMS. In the event of termination, the Intellectual Property, Disclaimers, Limitations of Liability, and Governing Law provisions set forth in these terms and conditions will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained in the Site, these Terms and Conditions will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

COPYRIGHT NOTICE. Copyright © 1997-2017 CDMS and/or its suppliers, 423 Fourth Street, 7th Floor, Marysville, California 95901 U.S.A. All rights reserved.

TRADEMARKS. Product, service and company names mentioned herein may be the trademarks or service-marks of CDMS or its licensors.

Any rights not expressly granted herein are reserved by CDMS.