Terms and Conditions of Use
Please read the following carefully.
This Web site www.TheCargillSalesInstitute.com
(the “Web site”) is provided by
The Cargill Sales Institute
for your and others’ personal, non-commercial enjoyment, subject to the
terms of these terms and conditions of use and all modifications thereto (“Terms
and Conditions”), and the rules for the Web site that may be published
from time to time by
The Cargill Sales Institute
. By visiting or using this Web site, you are deemed to have agreed to these
Terms and Conditions. If you do not agree to these Terms and Conditions, you
may not access or otherwise use this Web Site.
The Cargill Sales Institute
may change the Terms and Conditions from time to time and at any time, and
without actual notice to you. All such changes to these Terms and Conditions
will appear on the Web site. You should check these Terms and Conditions periodically
for changes. By using this Web site following any modifications to the Terms
and Conditions, you agree to be bound by any such modifications.
Please note that when you enter any subsite accessible through this Web Site,
such subsite may have its own terms and conditions of use which is specific
to such subsite.
Purpose of the Site
The purpose of this Web site is to provide users with information about and
services concerning
The Cargill Sales Institute
. Certain areas of the Web site may request you to provide information about
yourself. Your provision of information to
The Cargill Sales Institute
in these areas is subject to our Privacy Policy.
Intellectual Property Rights
As between
The Cargill Sales Institute
and you,
The Cargill Sales Institute
is the sole owner or licensee of all content on the
The Cargill Sales Institute
Web site, including without limitation, all applicable U.S. and non-U.S. copyrights,
patents, trademarks, and trade secrets, and other intellectual property rights
thereto (“Site Material”). Except as otherwise specifically provided
in these Terms and Conditions, you may not download or save a copy of the Site
Material or any portion thereof, for any purpose. You may, however, print a
copy of individual screens appearing as part of the Site Material solely for
your personal, non-commercial use or records, provided that any marks, logos
or other legends that appear on the copied screens remain on, and are not removed
from the printed or stored images of such screens.
Restrictions of Use of Material
The Site Material is intended for informational purposes only. Except as expressly
permitted herein, you may not modify, copy, publish, display, transmit, adapt,
sell, package, or in any way exploit the Site Material in any way without the
prior express written permission of
The Cargill Sales Institute
. If permission is granted by us and by all other entities with an interest
in the relevant intellectual property, you may not change or delete any author
attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions contained
on the Web site.
Unsolicited Materials
The Cargill Sales Institute
does not solicit nor does it wish to receive any confidential, secret or proprietary
information or other material from you through the Web site or
The Cargill Sales Institute
's mail and email addresses, or in any other way. Any information or material
submitted or sent to
The Cargill Sales Institute
will be deemed not to be confidential or secret. By submitting or sending information
or other material to
The Cargill Sales Institute
you represent and warrant that the information is original to you and that
no other party has any rights to the material. By submitting or sending information
or other material to
The Cargill Sales Institute
you grant
The Cargill Sales Institute
the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and display
such material (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed.
You also warrant that any "moral rights" in posted materials have been waived.
Linked Sites
This Web site provides links to other web sites ("Linked Sites"). Linked Sites
are not reviewed, controlled or examined by
The Cargill Sales Institute
in any way and
The Cargill Sales Institute
is not responsible for the content, availability, advertising, products or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply
The Cargill Sales Institute
's endorsement of or association with the Linked Sites. It is your sole responsibility
to comply with the appropriate terms of service of the Linked Sites as well
as with any other obligation under copyright, secrecy, defamation, decency,
privacy, security and export laws related to the use of such Linked Sites and
any content contained thereon. In no event shall
The Cargill Sales Institute
be liable, directly or indirectly, to anyone for any loss or damage arising
from or occasioned by the creation or use of the Linked Sites or the information
or material accessed-through these Linked Sites. You should direct any concerns
to that site's administrator or webmaster.
The Cargill Sales Institute
reserves the exclusive right, at its sole discretion, to add, change, decline
or remove, without notice, any feature or link to any of the Linked Sites from
the
The Cargill Sales Institute
Web site and/or introduce different features or links to different users.
Disclaimer of Warranties
THIS WEB SITE AND THE SITE MATERIAL ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE
FOREGOING,
The Cargill Sales Institute
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:
(i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS,
RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THIS WEB SITE AND THE
SITE MATERIAL; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF OR INIABILTY
TO USE, THIS WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY
ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
The Cargill Sales Institute
DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE
FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING
CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE
WILL BE UNINTERRUPTED OR ERROR-FREE.
The Cargill Sales Institute
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE CONTENT MATERIALS. YOU (AND NOT
The Cargill Sales Institute
OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL
The Cargill Sales Institute
, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS,
BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF
The Cargill Sales Institute
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE
PROPERTIES OF THE WEB SITE.
Termination
Either party may terminate service upon thirty (30) days written notice to the other party
in the event of dissatisfaction of service by the customer or infringement to the term and
condition of TheCargillSalesInstitute.COM usage. Upon termination, customer shall have no rights to continue
use of the service. If the termination is a result of dissatisfaction with The Cargill Sales Institute
service, The Cargill Sales Institute shall refund the pro rater portion of any fee that may have been
paid by customer for any portion of the service not furnished.
Indemnification
By using this Web site, you agree to defend, indemnify and hold
The Cargill Sales Institute
, its affiliates, officers, directors and employees harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys' fees,
arising in any way from your use of, or inability to use, the Web site, the
uploading, posting, emailing or transmission of any Web site material, or any
violation of these Terms and Conditions or law or regulation by you.
Applicable Laws / Jurisdiction
You agree that the laws of the state of California, U.S.A., excluding its
conflicts-of-law rules, shall govern these Terms and Conditions. Please note
that your use of the Web Site may be subject to other local, state, national,
and international laws. You expressly agree that exclusive jurisdiction for
any claim or dispute with
The Cargill Sales Institute
or relating in any way to your use of the Web Site resides in the courts of
the state of California, U.S.A., and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of the state of California,
U.S.A., in connection with any such dispute and including any claim involving
The Cargill Sales Institute
or its affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and content providers.
We control and operate this Web site from our offices in the United States
of America. We do not represent that materials on the site are appropriate
or available for use in other locations. Persons who choose to access this
site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be directed
to:
Corporate Communications
The Cargill Sales Institute
8939 South Sepulveda Blvd., Suite 528
Los Angeles, CA 90045