Terms of Use for this Website

Effective Date: August 12, 2009

Introduction

These terms and conditions ("Terms and Conditions") govern the use of this Website (the "Site") provided by Cargill, Inc. ("Cargill"). As used herein, "You" and "Your" refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site ("Services") signifies that You agree to be bound by these Terms and Conditions in effect at the time You use the Site and that You consent to the privacy policy (the "Privacy Policy"). If You do not agree with these Terms and Conditions or the Privacy Policy, You should immediately cease use of the Site and the Services and cease use of the all information and materials You have obtained through the Site and/or the Services.

Use of Site and Site Material

Personal Noncommercial Use Only. Except as expressly stated herein, this Site is provided for Your personal noncommercial use only. You agree not to copy or use Cargill's content in any way that infringes on anyone's intellectual property rights. You may not use any name, brand, logo, design, slogan or other designations Cargill uses in connection with its products and services. Any copying, republication or redistribution of Cargill content is expressly prohibited without prior written consent of Cargill.





Prohibited Uses. You are prohibited from using this Site in any malicious or unlawful manner, including but not limited to posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage unlawful conduct. You will not take any action that imposes an unreasonable or disproportionately large load on Cargill's infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques.





You agree not to tamper with the software or functionality of the Site and Services and not to introduce any material into the Site or the Services that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming viruses that may damage, interfere with, intercept or expropriate any system, data or information. Likewise, You must not reverse engineer any of our applications. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of Your system.





You may not take any action, or omit to take any reasonable action, which would constitute an invasion of privacy of any other user of the Site or Services in any applicable jurisdiction. You will not misrepresent Yourself or capture data. Use or distribution of tools designed for compromising privacy or security is strictly prohibited.





Information You Provide. In consideration of Your use of this Site or any Services, You agree to provide accurate, current and complete information as requested on a registration form.

Ownership of Intellectual Property

Cargill is an owner of the copyrights to all material and the trademarks, service marks, and trade dress (collectively referred to as "Intellectual Property") displayed on and from this Site. Notwithstanding any other term or condition in this agreement, Cargill retains its ownership rights to all Intellectual Property on this Site and all material on and from this Site. Nothing on this Site should be construed as a license to use the Intellectual Property. Your use of the Intellectual Property on this Site is strictly prohibited and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Cargill. All rights reserved.

Disclaimer of Warranty and Limitation of Liability

YOUR USE OF THIS SITE AND MATERIAL FROM THIS SITE IS AT YOUR OWN RISK.




CARGILL USES REASONABLE SAFEGUARDS TO ENSURE SAFE, UNINTERRUPTED SERVICE, BUT THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. CARGILL MAKES NO WARRANTIES OR REPRESENTATIONS THAT THIS SITE OR THE SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. CARGILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOU, YOUR COMPUTER, OR YOUR OTHER PROPERTY, DUE TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF THIS SITE, OUR SERVICES OR ANY MATERIALS PROVIDED ON THIS SITE.




CARGILL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, INFORMATION OR PRODUCTS PROVIDED ON THIS SITE. CARGILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE.




NEITHER CARGILL NOR ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY MATERIAL, INFORMATION OR PRODUCTS FROM THIS SITE. WITHOUT LIMITING THE FOREGOING AND TO FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE AND THE MATERIAL, INFORMATION AND PRODUCTS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.




CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Medical Disclaimer

The contents contained herein are for informational purposes only and are not to be, and should not be, used in substitute of professional medical advice, diagnosis or treatment. Consult a healthcare professional for your medical conditions.

Links and Third Parties

Cargill does not endorse any third party websites not under the control or operation of Cargill, has not reviewed any or all such sites that may be linked to this Site and is not responsible for any such sites linked to this Site. Your linking to any sites from this Site is at Your own risk. By linking to a site or permitting a link to this Site, Cargill does not endorse the site operator or the content of the linked site.




Cargill's Site and Services include advertisements and promotions from third parties. Your business dealings with these third parties are solely between You and the advertiser. Advertising on Cargill's Site and Services does not imply endorsement, and Cargill is not responsible for any loss or damage that may be incurred through Your dealing with these third parties.

United States Only

Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States.

Idea Submission/Use of Information

Cargill welcomes Your comments and suggestions on this Site and products, but Cargill does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. Excluding Your Personally Identifiable Information ("PII"), which is subject to the Privacy Policy, and excluding any information or other materials that are or may be considered illegal to possess or own, any information that You send or submit online to Cargill or to business partners working on behalf of Cargill, including but not limited to feedback, data, questions, comments, suggestions, or the like ("Submissions"), shall be deemed non-confidential and the property of Cargill.




Your submission of such information shall constitute an assignment to Cargill of all worldwide rights, titles, and interests in the Submissions, including the right to use, reproduce, modify, disclose and distribute the Submissions without limitation. Cargill shall be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information, and will not be liable for any use or disclosure of such Submissions.




By submitting a Submission, You warrant that Cargill may publish such Submission, use it as part of its operations, and incorporate its concepts in Cargill products without liability or compensation to You. By submitting a Submission, You represent that You have proper authorization to enter into and agree to these Terms and Conditions.

Applicable Law

Any dispute arising out of Your use of this Site or material from this Site shall be resolved according to the laws of the State of Minnesota, United States of America, without giving effect to that state's principles of conflicts of laws. The federal and state courts of the State of Minnesota shall have exclusive jurisdiction over all claims.

Miscellaneous

Termination. Your access may be terminated by Cargill at any time and for any reason or for no reason. You shall have no recourse and Cargill shall have no liability with respect to any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, limitation of liability and indemnification obligations shall survive the termination or expiration hereof.




Modification. Cargill may modify these Terms and Conditions at any time. The amended terms will be effective upon posting on the Site. Your continued use of the Site and/or the Services constitutes Your assent to such amended terms and Your agreement to be bound thereby. Cargill may, but is under no obligation to, provide You notice of such modifications to these Terms and Conditions via email or other communication.




Questions. Any questions regarding these Terms and Conditions should be directed to privacy@truvia.com.