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Cargill

CARGILL TESSA WEB SITE TERMS OF USE

These Terms of Use

Welcome to cargilltessa.com (this “Site”). These Terms of Use (“Terms of Use”) govern the use of this Site provided by Cargill, Incorporated. “we,” “us,” “our” refers to Cargill. . As used herein, “You” and “Your” refers to any individual, company or legal entity that accesses or otherwise uses the Site.

Your Consent

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

Scope of These Terms of Use

Access to this Site is provided only to Cargill “account owners” and other authorized users (collectively, “Authorized Users”). Any use is provided to allow Authorized Users a method to access certain photos, images, fonts and other intellectual property assets of Cargill (“IP Assets”).

Ownership of Site and Content

Except as expressly set forth in the Terms and Conditions governing Authorized Users’ use of the Site, all rights, title and interests in this Site, including all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials provided through this Site (collectively, “Content”) are owned by Cargill or by third parties who have licensed or provided their Content to us. This Site is protected under trademark, Site mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and Cargill owns the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.

Agreements Governing Your Use of This Site

When You use the Site, or any other area of this Site, or are provided access by an authorized third party, You will be asked to agree (by checking a box or clicking on a button) to special terms governing Your use of the password-protected area. This type of agreement is referred to as a “click-through agreement.” If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Our Online Privacy Policy

Our Online Privacy Policy describes how we protect Your privacy when You use this Site. To review our Online Privacy Policy, click here. Our Online Privacy Policy is part of and is hereby incorporated into these Terms of Use.

Limited License

We hereby grant You a limited, revocable license (“Limited License “) to download and print copies of the Content on this Site to which You have properly gained access, but only to carry out your obligations under an Agreement with us or with a third-party with which we have an agreement.

Under this Limited License You agree that you will not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content You download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not copy, distribute, perform, display publicly, prepare derivative works based on, broadcast, exploit, or use the Content on this Site except as expressly provided in these Terms of Use without our prior written permission, and You may not permit others to do so.

Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to You or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.

Use of Fonts

Certain Content includes “Fonts” to be used in our printing and graphics operations, or as otherwise instructed by us, or by Authorized Users, such as printing contractors who have obligations under an Agreement with us or a third-party with which we have an agreement. Such users may access the Site to access and download Fonts only to carry out their obligations under such an agreement.

Any Authorized User or any person or legal entity that gains access to such Fonts must delete and destroy all tangible or electronic copies of such Fonts immediately after they are no longer required to carry out the obligations described above, or upon our express request to do so.

If we and any third party have signed a separate agreement protecting any Content, intellectual property owned by us, or confidential information of ours, then both these Terms of Use and such separate agreement will be effective. If there is a direct conflict between Terms of Use and such separate agreement, then the provision that is more protective of such Content, intellectual property, or confidential information will control.

Third-Party Content

Some of the information, articles and other materials available through this Site are provided to Cargill by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for Your interest and convenience only. Cargill does not endorse these materials or the vendors who supply them to us, nor does Cargill warrant or represent that these materials are current, accurate, complete or reliable.

Trademarks

The trademarks and Site marks used or displayed on this Site ("Trademarks") are registered and unregistered trademarks of Cargill, its affiliates, or third parties. You may not use any Trademarks displayed on this Site without the prior express written permission of Cargill or the trademark owner.

Links to Other Cargill Websites

This Site may contain links to other websites owned by Cargill or our affiliates. Different websites are used for different purposes and therefore may have different terms of use and privacy policies. These Terms of Use (and the Online Privacy Policy referenced above) apply only to Cargill.com. Before You use any other website, You should review the applicable terms of use and policies for that website.

Links to Third-Party Websites

This Site may contain links to other websites owned by third parties (such as, advertisers, affiliate partners, strategic partners, or others). 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 of the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of any such websites. Before You use any third party website, You should review the applicable terms of use and policies for such websites. The inclusion of a link in this Site does not imply our endorsement of such third party website. If You decide to access any such linked websites, You do so at Your own risk.

Disclaimer of Warranties

YOUR USE OF THIS SITE AND ALL OF THE CONTENT, PRODUCTS AND SITES MADE AVAILABLE THROUGH THIS SITE, IS AT YOUR SOLE RISK. THIS SITE, AND ALL OF THE CONTENT, PRODUCTS AND SITES MADE AVAILABLE THROUGH THIS SITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CARGILL, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SITE PROVIDERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE.

THE CONTENT, PRODUCTS AND SITES MADE AVAILABLE THROUGH THIS SITE; YOUR USE OF THIS SITE; OR ANY WEBSITES TO WHICH THIS SITE IS LINKED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARGILL ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SITE PROVIDERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) REGARDING THE SECURITY OF THIS SITE OR OUR SYSTEMS; (D) THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELEVANT OR RELIABLE; OR (E) THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL CARGILL, ITS AFFILIATES, OR THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SITE PROVIDERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, REVENUES, SAVINGS, DATA OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR IN CONNECTION WITH THE CONTENT, PRODUCTS AND SITES MADE AVAILABLE THROUGH THIS SITE.

IN NO EVENT SHALL CARGILL, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SITE PROVIDERS, AGGREGATE LIABILITY HEREUNDER TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS SITE EXCEED USD 100.00.

EACH OF THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF CARGILL OR ONE OF ITS AFFILIATES, LICENSORS OR SITE PROVIDERS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

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 any of us 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

These Terms of Use shall be governed under the laws of the State of Minnesota 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 Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Changes to These Terms of Use

As we add new features and functionality to this Site, we may need to update or revise these Terms of Use. We therefore reserve the right to update or revise these Terms of Use, at any time and without prior notice, by posting the revised version 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 consent to the terms of the revised Terms of Use. For this reason, it is important to review these Terms of Use regularly.

If we modify these Terms of Use, we will provide a notice at the top of this page for at least 30 days after the new effective date. In addition, we will post a notice on the Account Summary page of the Site for at least 30 days after the new effective date to alert Authorized Users of the Site.

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. For Your convenience, we will post the effective date of the Terms of Use next to the link, so that You can see at a glance whether our Terms of Use have changed since Your last visit.

These Terms of Use were last updated on January 23, 2013.

Entire Agreement

These Terms of Use, as supplemented or amended by any applicable Privacy Notices or click-through agreement, contain the entire understanding and agreement between You and us with respect to this Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.

Your Feedback

We welcome Your comments, feedback, suggestions, and other communications regarding this Site and the information and Sites we make available through this Site (collectively, “Feedback”). The Feedback You provide to us through this Site 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. 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.

Questions About These Terms of Use

If You have any questions regarding these Terms of Use, please

  • Send an e-mail to privacy@cargill.com and write “Terms of Use" in the subject line
  • Write to us at: Web Terms of Use Inquiries Cargill Corporate Affairs #50 Cargill, Inc. PO Box 9300 Minneapolis, MN 55440-9300
 
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