Terms of use

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Viterra USA Terms of Use

 

Acceptance of Terms of Use. By clicking “Accept” or by accessing or browsing any web site, mobile site or mobile application owned and/or operated by or for Viterra USA (collectively the "Site"), you accept the legal policy set forth in the following Terms and Conditions (“Legal Policy”). Viterra USA, Inc. and/or any subsidiaries ("Viterra USA") provides you with access to, and use of, the Site subject to all applicable laws, regulations and this Legal Policy. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Viterra USA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Terms and Conditions

1. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, video, images, data, software, code and other materials or elements (collectively the "Content") are owned and copyrighted by Viterra USA, its licensors or others with all rights reserved. You may not use the Content, except as provided in this Legal Policy, without the prior written permission of Viterra USA.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of Viterra USA or its licensors unless otherwise stated herein. Viterra USA and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site other than as expressly provided in this Legal Policy.

2. User Conduct. Viterra USA maintains the Site for information, education, and communication only and grants you permission to use the Site and to download Content (excepting images, video or market data), but only for your internal business purposes; provided, however, that you do not remove any copyright or other proprietary notices contained on the Content, that you do not distribute, modify, copy, transmit, publish, license, create derivative works from, sell or otherwise use Content without the prior written permission of Viterra USA. The download or use of any images, videos or market data displayed on the Site, by you, or anyone else authorized by you, is prohibited unless permitted by the prior written permission of Viterra USA.

You agree to not to engage in any of the following activities on the Site:

  • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, confidential, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
  • Impersonating another user, person or entity, including any official or employee of Viterra USA; or
  • Use the Site to advertise or perform any commercial solicitation.
  • You may use the Site only for lawful purposes and in accordance with this Legal Policy. You agree not to use the Site:
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Viterra USA or users of the Site or expose them to liability.
  • Additionally, you agree not to:
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Legal Policy, your right to use the Site will cease immediately and you must, at our option and without waiving any other legal remedies, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by this Legal Policy is a breach of this Legal Policy and may violate copyright, trademark and other laws.

3. Links to Third Party Sites and Licensed Content. The Site may contain links to other Internet sites of display licensed content not under the ownership or editorial control of Viterra USA. Such links are provided for your convenience only without any express or implied warranties by Viterra USA of any products, services, advice or information available from such sites. Viterra USA does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites or licensed content and you hereby release Viterra USA, its officers, directors and agents from any and all such responsibility or liability for the same. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.

4.  Reliance on Information Posted. The information presented on the Site is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

5.  Confidential Pricing Information.  You acknowledge that the Site contains pricing information which is confidential to Viterra USA. You may only disclose such pricing information to the extent required by regulatory or governmental authorities.

6.  Your Feedback. We welcome your comments, feedback, suggestions, and other communications regarding this Site and the information and services we make available through this Site (collectively, “Feedback”). The Feedback you provide to us through this Site and any communications or material you transmit to Viterra USA by electronic mail or otherwise will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. Subject to Viterra USA’s Privacy Policy, we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

7. EXCLUSION OF LIABILITY. NEITHER VITERRA USA NOR ANY OF ITS OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY INJURY OR DAMAGES THAT RESULT FROM YOUR USE OF ANY VITERRA USA SITE. YOUR USE OF ANY VITERRA USA SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY: THE USE OR INABILITY TO USE THE SITE; THE USE OR INABILITY TO USE ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; INACCURACY OR INCOMPLETENESS OF THE CONTENT, ERRORS IN THE CONTENT OR SITE, OR OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY VITERRA USA SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. VITERRA USA DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY VITERRA USA SITE.

VITERRA USA IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, VITERRA USA IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

VITERRA USA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN ONE HUNDRED DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. DISCLAIMER. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VITERRA USA NOR ANY PERSON ASSOCIATED WITH VITERRA USA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER VITERRA USA NOR ANYONE ASSOCIATED WITH VITERRA USA REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. VITERRA USA DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.  Without limiting the generality of the foregoing, VITERRA USA, AND ITS respective directors, OFFICERS, employees, agents, licensors and service providers disclaim all representations and warranties of merchantability, fitness for a particular purpose, title and non-infringement; OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION TO THE ABOVE YOU (AND NOT VITERRA USA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Export Control. Software and other materials from the Site may be subject to United States Export Control and these laws prohibit the export of certain technical data and software to certain territories. Viterra USA does not authorize the exportation or download of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.

10. Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Viterra USA's historical experience and its present expectations or projections. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Viterra USA undertakes no obligations to publicly update or revise any forward-looking statements.

11.  Site Content.  The information contained on the Site is for informational purposes only and does not constitute an advertisement or a solicitation or recommendation to buy or sell any commodity or related derivative or other financial instrument. The views expressed in this information are the personal views of the employees of Viterra USA specified in the information (each, an “Author”), not the views of Viterra USA.

You may only copy the information on the Site or disclose its contents with Viterra USA’s prior written consent and only as permitted under applicable law, including the Commodity Exchange Act, as amended [7 U.S.C. § 1, et seq.] and the rules and regulations thereunder, the Securities Exchange Act, as amended [15 U.S.C. § 78a et seq.] and the rules and regulations thereunder, and the rules and regulations of any applicable self-regulatory organization such as the National Futures Association (“NFA”) or the Financial Industry Regulatory Authority (“FINRA”).

Employees of Viterra USA may maintain, from time to time, an interest in financial instruments of the type discussed in this information, including but not limited to financial interests in commodities and related derivative instruments.

12. Revisions to the Terms or Site. Viterra USA may at any time, in its sole discretion and without notice, revise or modify this Legal Policy. Any such revisions will be effective immediately upon the posting of the revised Terms and Conditions. By clicking “Accept” to any prompt regarding an updated Legal Policy or continuing to use this Site, you agree to be bound by any such revisions and should periodically visit this Site to review the current Legal Policy.

13. User Names and Passwords. If this Site allows you to create a User Name and a Password or to use an assigned User Name and Password in order to access areas of this Site then:

  • You agree to use the Site solely for legitimate and legal purposes;
  • When registering for a User Name, you agree that you will use only accurate and truthful information about yourself or entity and you will not imitate any other person, entity or assume a false identity;
  • You agree to immediately notify Viterra USA of any unauthorized use of your Password, User Name or the Site, or any other breach of security (send notice to us via the contact information on this Site);
  • You agree not to share your User Name or Password with any other person or entity who is not authorized by you to act as your agent with respect to Viterra USA and the Site;
  • You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information;
  • You agree that if you grant additional user(s) access to your account, it is your responsibility to request removal of such user(s)’s access by emailing privacy-us@viterra.com​​​​​​​ once you no longer want such user(s) to have access;
  • You agree that all individuals utilizing your Account, Used Name or Password are permitted to access, view and modify all of your information available through the Site or Services, and act as your agent for purposes of accepting and binding you to this Legal Policy and any other terms, conditions or policies applicable to the use of the Site or Services;
  • You agree to assume and bear full responsibility for all risks and damages arising out of the use of the Site by you and any other person or entity using your Account, User Name or Password.

14.  Accessing the Site and Account Security. We reserve the right to withdraw or amend this Site, the Services or any materials we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

To access certain portions of the Site and the services it offers, you may be asked to provide certain registration details or other information, including your name, e-mail address, territory and/or zip code. It is a condition of your use of those portions of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information provided, collected or generated as part of your use or receipt of the Site or services is governed by the Viterra USA Privacy Policy and Cookie Policy, and you consent to all actions we take with respect to such information consistent with our Privacy Policy and Cookie Policy. Further, you expressly consent to our use of any information included on the Site or provided to Viterra USA through the Services for our business purposes.

15. Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; or (d) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Viterra USA on this Site and other than generally available and supported third party web browsers (e.g., Google Chrome). Viterra USA may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

16. Text Messaging: In the event you elect to receive text messages from Viterra USA by clicking the applicable box(es) in the Site or pursuant to your previous authorization under a prior version of Viterra USA’s text messaging system(s), you authorize Viterra USA to deliver or cause to be delivered to the number you provided advertising, promotional, informational, and/or telemarketing text messages from Viterra USA’s automated systems. Your authorization and consent to receive such text messages is not a condition to enter into any commercial transaction with Viterra USA.

17. General Terms. This Legal Policy, your use of the Site and any dispute or claim arising therefrom or related thereto is governed by the laws of the State of Delaware in the United States of America, without regard to its choice of law provisions and the exclusive forum and venue for any legal action related to this Legal Policy shall be the appropriate court located in Omaha, Nebraska. This Legal Policy and our Privacy Policy constitute the entire agreement between you and Viterra USA regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. The failure of Viterra USA to exercise or enforce any right or provision of this Legal Policy shall not constitute a waiver of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action arose or be forever barred.

18. Third Party Features. Our Site offers links to other third party websites. The links provided on our Site are provided solely for your convenience and may assist you in locating other information on the Internet. When you click on these links, you will leave our Site and be redirected to another website.

These third party websites are not under the control of Viterra USA. In using such third party websites please be aware that each third party website is subject to its own privacy policies and is not covered by our Privacy Policies.  We make no representation or warranty regarding the accuracy of the information contained on such third party websites, and Viterra USA disclaims all responsibility relating to or resulting from your use of such third party websites.

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: privacy-us@viterra.com.
 

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