Welcome. This Web Site is one of several offered by Monsanto
around the world offering 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.
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. 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.
Not all products, programs and services which may be described
on a Monsanto Site are available in each and every country. When in
doubt, contact a local Monsanto representative in your area to
determine precisely what is available to you. Persons intending to
use a Monsanto product described in this Web Site must follow
product label directions and comply with all applicable laws and
regulations relating to the product.
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.
Monsanto 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.
If any provision of these Terms shall be declared by a court to
be invalid, illegal, or unenforceable, such provision shall be
deemed severable from these Terms and the other provisions shall
remain in full force and effect. The failure of Monsanto to
exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision.
Use the links below to jump immediately to the following
sections of these Terms.
Table of Contents
Advertisements that May Appear on
the Site
Copyright Infringement
Claims Procedure
Disclaimers of
Warranties
Effective Date
Forward Looking
Statements
Compliance with Local
Law
Limitations of Monsanto's
Liability
Linking To and From This
Site
Monsanto's Rights in Material
Submitted to the Site
Some Definitions
Trademarks
Transactions
User Names and Passwords
When Visitors May Post to a
Monsanto Site
Your indemnification
Obligations
Your Privacy
Your Use of
Copyrighted Material on this Site
Confidential or
Proprietary Information
Some Definitions
Following are some definitions that explain some of the
terminology used in these Terms.
- The words “You” and “Your” refer to corporations or other
business entities, and their agents, and to individuals using this
Site for personal business, respectively and as applicable.
- “Monsanto” refers to Monsanto Company and to each of its
subsidiaries and affiliates.
- “We”, “Our” and other first person pronouns refer to
Monsanto.
- “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
Monsanto.
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Compliance with Local Law
Monsanto operates from its World Headquarters in St. Louis,
Missouri, USA. However, this Site may be operated from the World
Headquarters, from any of Monsanto's many divisions and affiliates
located around the world, or hosted on our behalf by any third
party.
Monsanto makes no representation that materials on this Site are
appropriate or available for use in all locations around the world
from which it may be viewed. Access to this Site from countries
where its contents are illegal is prohibited. Those who choose to
access this Site from such locations do so on their own initiative
and are responsible for compliance with applicable local laws.
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Your Use of Copyrighted Material on this Site
The copyright in all material provided on this Site by Monsanto
is held by Monsanto or by the original creator of the material.
Monsanto grants you a limited, non-exclusive and non-transferable
license to use and display the materials on this Site only for the
bona fide purposes associated with your interaction with the Site.
The license includes the right to print such materials but only for
the stated uses. Unless otherwise stated, you have no right to
copy, display, reproduce, download, distribute, modify, edit, 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 Monsanto 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.
The foregoing limitation does not apply to Material Safety Data
Sheets (MSDS) or to product labels which may be furnished on the
Site and which are intended for reproduction and use.
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Confidential or Proprietary Information
Monsanto strives to provide the public broad access to
information about its products and services. In doing so, it is not
Monsanto's intention to waive any intellectual property rights it
may have in information on this website under applicable laws.
Monsanto has policies and procedures in place that are designed to
prevent the disclosure on this website of information that Monsanto
considers to be confidential or proprietary trade secret
information. However, if at any time you obtain confidential or
proprietary trade secret information from this website that may be
disclosed inadvertently by Monsanto, you agree to act in good faith
to recognize and respect the confidentiality of the information and
you agree not to make use of or disclose any confidential or trade
secret information you may obtain from this website to anyone else
and to destroy any copies of the information, in any form, in your
possession.
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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.
Monsanto 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.
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Transactions
For any Monsanto Site that permits you to place orders or
otherwise effect transactions with Monsanto, additional terms and
conditions may be applicable to that transaction and, if so, those
terms will be displayed on the web pages which enable to you to
conduct such business.
The United States and other governments regulate the import and
export of products and information. You agree that, to the extent
such laws are applicable to you or the transaction you wish to
effect with Monsanto, you will comply with all such import and
export laws and regulations and that you will not import, export or
re-export products or services purchased or sold through the Site
to countries or persons prohibited under applicable import and
export control laws.
By entering into a transaction with Monsanto through this Site,
you are representing to us that you are not in a country where such
import/export is prohibited or are a person or entity to which such
import/export is prohibited. You are responsible for compliance
with the laws of your local jurisdiction regarding the import,
export, or re-export.
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Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used
and displayed on this Site are registered and unregistered
Trademarks of Monsanto and others. Unless otherwise stated on the
Site, 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. Except as expressly indicated on the Site,
the name of Monsanto Company or the Monsanto 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 Monsanto.
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Your Privacy
To the extent that this Site collects Personal Information about
you, our use of that information is subject to Monsanto's Privacy
Policy.
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Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws.
A site that links to Monsanto's Site:
- may link to, but not replicate, content on this Site;
- may not create a browser or border environment around content
on this Site;
- may not imply that Monsanto is endorsing it or its
products;
- may not misrepresent its relationship with Monsanto;
- may not present false information about Monsanto's products or
services;
- may not use Monsanto's Trademarks without express written
permission; and
- 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.
Monsanto does not control and is not responsible for the content
of any third-party (non-Monsanto) sites linked to this Site and is
not responsible for any changes or updates to such third-party
sites. Monsanto is providing these links to you only as a
convenience, and the inclusion of any link does not imply
endorsement by Monsanto of the Site.
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Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW,
MONSANTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE
SITE AND MATERIALS ON THE SITE.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING
OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION
WAS CURRENT WHEN POSTED; HOWEVER, MONSANTO 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, MONSANTO 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 MONSANTO COMPANY.
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 Monsanto's liability for such
product.
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Limitation Of Monsanto's Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL MONSANTO BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE
USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF
MONSANTO OR A MONSANTO AUTHORIZED REPRESENTATIVE 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.
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Your indemnification Obligation
You agree to defend, indemnify and hold harmless Monsanto, 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.
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Disclaimer For Forward-Looking Statements
Certain statements contained on this Site are “forward-looking
statements”, such as statements concerning the company's
anticipated financial results, current and future product
performance, regulatory approvals, business and financial plans and
other non-historical facts. These statements are based on current
expectations and currently available information. However, since
these statements are based on factors that involve risks and
uncertainties, the company's actual performance and results may
differ materially from those described or implied by such
forward-looking statements. Factors that could cause or contribute
to such differences include, among others: competition;
contingencies related to intellectual property protection,
regulatory matters, and public acceptance of biotechnology
products; research and development success; litigation;
developments related to foreign operations; acquisitions; commodity
prices; regulations affecting manufacturing; inventory levels; the
company's ability to obtain financing and payment for the products
that it sells; weather, natural disasters and accidents; and other
risks and factors detailed in the company's most recent periodic
filing with the SEC. Undue reliance should not be placed on these
forward-looking statements, which are current only as of the date
of their posting to this Site. Monsanto disclaims any current
intention or obligation to update any forward-looking statements or
any of the factors that may affect actual results.
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Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone
other than Monsanto appears on this Site, Monsanto 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.
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When Visitors May Post to a Monsanto Site
If this Site permits you to post or upload comments or any other
content on the Site, then the following additional terms are
applicable to your use and are hereby accepted by you.
You understand that all information, content, text, data,
messages or other materials, whether posted to the Site or
privately transmitted (“Material”) are the responsibility of the
person from which the Material originated. You are responsible for
all Material that you post, transmit or otherwise make available on
the Site or to others. You acknowledge and agree that you must
evaluate and bear all risks associated with the use of any
Material, including any reliance on the accuracy or completeness of
Material.
Monsanto does not control this Material and therefore does not
guaranty the accuracy, integrity or quality of the Material.
Monsanto will not be liable in any way for any Material, including
but not limited to, any errors or omissions in the Material, or for
any loss or damage of any kind incurred as a result of the use of
any Material posted, transmitted or otherwise made available on the
Site.
While Monsanto does not and cannot review every communication or
information posted or transmitted by you or others to the Site or
to others and is not responsible for the content of these messages,
Monsanto reserves the right to delete, move, or edit Material that
it, in its sole discretion, deems abusive, defamatory, obscene, in
violation of copyright or trademark laws, or otherwise
unacceptable.
You agree to use the Site in a proper manner and agree that by
using the Site you will not:
- upload, distribute or otherwise publish any libelous,
defamatory, obscene, hateful, pornographic, abusive, illegal,
threatening or otherwise objectionable material;
- upload or distribute any files that contain viruses, worms,
corrupted files or any other similar software or programs that may
damage the operation of another's computer or property of
another;
- harass, stalk, threaten or otherwise violate the legal rights
(including right of privacy and right of publicity) of others;
- transmit or otherwise make available any Material that you do
not have a right to make available under any law or under
contractual or fiduciary relationships;
- post material which infringes the intellectual property rights
of others (including but not limited to copyright, trade secret,
trademark or other proprietary rights);
- intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to
regulations promulgated by the U.S. Securities and Exchange
Commission;
- transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials or any other form
of solicitation; and
- distribute or otherwise publish any material containing any
solicitation of funds, advertising or solicitation for goods or
services.
You acknowledge and agree that Monsanto may disclose any
Material, and the source or owner of any Material, if required to
do so by law or legal process, to enforce the provisions of these
Terms, or protect the rights of Monsanto, its customers and/or
Visitors of the Site.
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Monsanto's Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or
otherwise make available to this Site shall conform to these Terms
and is not confidential or proprietary. You automatically grant, or
warrant, that the owner of the Material has granted Monsanto and
its affiliates, a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to make, sell, use, reproduce,
publish, create derivative works of, perform, display, distribute,
import and transmit such Material and products incorporating such
Material (in whole or in part) in any form, media or technology,
now known or later developed for the full term of any intellectual
property rights that may exist in such Material for any purpose
whatsoever, and to publish the owner's name in connection
therewith. You warrant that you have the rights necessary to grant
the licenses described in these Terms.
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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.
Monsanto respects the intellectual property of others, and we ask
our visitors to do the same. Monsanto 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, Monsanto 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 Monsanto the
following information. Please be advised that to be effective,
notification must include ALL of the following:
- A physical or electronic signature of the person authorized to
act on behalf of the owner of an exclusive copyright that is
allegedly infringed;
- A description of the copyrighted work that you claim has been
infringed;
- A description and, if possible, the IP address of where the
material that you claim is infringing is on the Site;
- Your address, telephone number and e-mail address and all other
information reasonably sufficient to permit Monsanto to contact
you;
- 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;
- 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:
By Mail:
Monsanto Company Law Team
Attention: Barbara Bunning-Stevens
800 North Lindbergh Blvd. E2NA
St. Louis, MO 63167
By Fax:
(314) 694-9009
By E-Mail:
barbara.a.bunning-stevens@monsanto.com
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Effective Date
These Terms were last revised on June 2, 2006 and govern your
access of this Site from this date forward until a later revision
is posted.
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