SYNGENTA CROP PROTECTION, INC.
http://blog.syngenta-us.com/blogs/farmassist_markets/default.aspx
TERMS OF USE

Syngenta Crop Protection, Inc. (“Syngenta,” “we,” “us,” and “our”) owns and operates this Web site (this “Site”).  These Terms of Use govern your use of this Site.

Your Acceptance of These Terms of Use

By accessing or posting to this Site you are agreeing to comply with and be bound by these Terms of Use (“Terms of Use”).  If you do not agree to these Terms of Use, you may not access or post to this Site.

Questions Concerning These Terms of Use

If you have questions regarding these Terms of Use, please contact us by email at us.fageneralquestions@syngenta.com or by writing us at Syngenta Crop Protection, Inc.,

Syngenta Crop Protection
410 S Swing Road, Greensboro, NC 27409;
Attention:  Legal Department.

Effective Date
These Terms of Use are effective as of July 3, 2007.

These Terms of Use May Change
We reserve the right to update or modify these Terms of Use, at any time and without prior notice, by posting the revised version of these Terms of Use on this Site.  These changes will be effective as of the date we post the revised version on this Site.  Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use. 

To alert you to changes in these Terms of Use, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.  Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification), we will also post notices on the home page of this Site for 30 days after the new effective date to alert you to the change.  

You may access the current version of these Terms of Use at any time by clicking on the link marked "Terms of Use" at the bottom of each page of this Site. 

Trademarks
The (the “Syngenta Marks”) are registered trademarks of Syngenta.  All other trademarks and service marks used or displayed on this Site are registered and unregistered trademarks of Syngenta, its affiliates or other third parties.  Nothing on this Site may be construed as granting any license or right to use any of the Syngenta Marks or any other trademarks displayed on this Site without the prior express written permission of Syngenta or the trademark owner.  In particular, you may not use any trademark displayed on this Site as a "hot" link without the prior written approval of the trademark owner.

Agent to Receive Notification of Claimed Infringement
Syngenta does not knowingly violate or permit others to violate the copyrights of others.  We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. 

If you believe that we have used copyrighted material in a manner that constitutes copyright infringement, please notify our Copyright Agent immediately.  Your notice must be in writing and must include

  • a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
  • a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
  • enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
  • a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
  • a statement that all of the information you have provided is accurate; and
  • a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your statement must be addressed as follows:

Syngenta Crop Protection, Inc., Syngenta Crop Protection
410 S Swing Road, Greensboro, NC 27409;  Attention:  Legal Department.

Password Protection
Certain areas of this Site may be password protected for your protection.  You are responsible for maintaining the confidentiality of your password.  We have the right to assume that anyone accessing this Site using a password assigned to you has the right to do so.  You will be solely responsible for the activities of anyone accessing this Site using a password assigned to you, even if the individual is not, in fact, authorized by you.  You agree to change your password immediately if you believe your password may have been compromised or used without authorization.

Responsibility For Content Posted on This Site
You are solely responsible for the comments, ideas, feedback, suggestions, information, and other communications (collectively, “Content”) that you post on this Site. 

This means that you, and not Syngenta, are entirely responsible for all Content that you upload, post, transmit or otherwise make available to others using this Site, and you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others.  If any part of the Content you submit is not your original work, it is your responsibility to obtain any necessary permissions before you post that Content on this Site.

Some of the individuals posting to this Site, including the moderators, are Syngenta employees.  Others may be independent columnists who are compensated by Syngenta for posting to this Site.  The communications posted on this Site express the personal opinions of the individuals who posted them and do not necessarily reflect the views of Syngenta or any person or entity associated with Syngenta. 

Under no circumstances will Syngenta be liable in any way for any Content posted on or made available through this Site by you or any third party.  

Restrictions on Your Use of this Site

You agree not to use this Site to

  • upload, post, transmit or otherwise make available
    • any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    • any Content that is false, misleading, or fraudulent;
    • any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
    • any request for or solicitation of money, goods, or services for private gain; 
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • promote any illegal activity;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • violate any local, state, national or international law, rule or regulation.

Syngenta Employees Must Comply with Syngenta’s Blogging Policy. 
If you are a Syngenta employee, you must comply with these Terms of Use and Syngenta’s Blogging Policy. To review Syngenta’s Blogging Policy and Guidelines, click here. 

Ownership and Use of the Content You Submit 
The Content you transmit to or post on this Site will be treated as non-confidential and non-proprietary and may be used by Syngenta and its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. 
You hereby grant to Syngenta a worldwide, perpetual, irrevocable, royalty-free, transferable license to exercise all copyright and other intellectual property rights with respect to any original Content you submit.  Syngenta will be entitled to reduce to practice, make, use, copy, disclose, distribute, display or perform publicly, improve, modify and create derivative works based on any original Content you submit for any purpose whatsoever, without restriction, without attribution, and without compensating you in any way and to authorize others to do the same.  For this reason, we ask that you not send us any Content that you do not wish to license to us, including any confidential information or product ideas.

We will not use your Comments in a way that identifies you personally without your permission.

DISCLAIMERS
THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, SYNGENTA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PROGRAMS, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SYNGENTA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OR OTHER INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SYNGENTA, ITS AFFILIATES, THEIR SERVICE PROVIDERS AND LICENSORS, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT OR OTHER INFORMATION PUBLISHED ON THIS SITE, OR ANY PROGRAMS, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.  

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SYNGENTA, ITS AFFILIATES, OR THEIR SERVICE PROVIDERS AND LICENSORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SYNGENTA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  

Links to Sites Operated by Third Parties
This Site may provide links to web sites operated by third parties.  We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites.  We do not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply our endorsement of the site. If you decide to access linked third-party web sites, you do so at your own risk.

Interpretation
As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right.  All waivers must be in writing.  Unless the written waiver contains an express statement to the contrary, no waiver by Syngenta of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue
Syngenta's headquarters are located in Greensboro, North Carolina.  These Terms of Use shall be governed under the laws of the State of North Carolina without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Guilford, North Carolina.  You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement. 
These Terms of Use contain the entire understanding and agreement between you and Syngenta with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Syngenta with respect to this Site and your use of this Site. 

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