Syngenta Canada Inc. ("Syngenta") provides the www.Syngenta.ca website (the "Site") as a service to farmers and agricultural professionals, subject to the terms and conditions of this User Agreement (this "Agreement"). Syngenta is an indirect wholly-owned subsidiary of Syngenta AG.
Definitions of "you" and "your company"
If you operate your business as a corporation or a partnership, then the term "your company" refers to the corporation or partnership you identified as your business on the first registration page. The terms "you" and "your" refer to you, individually. If you operate your business as a sole proprietorship, you can ignore the references to "your company" in this Agreement.
Who is Bound by This Agreement?
If you operate your business as a corporation, you and your company are bound by this Agreement; as an agent of your company, your actions on this Site will bind your company.
If you operate your business as a sole proprietorship, you, individually, are bound by this Agreement. In either case, you, individually, consent to the collection, use and disclosure of your personal information in accordance with the Privacy Statement contained in this Agreement.
Use of this Site
You and your company understand and agree that this Site is made available to you and your company only pursuant to this Agreement. If you operate your business as a corporation or partnership, you may use this Site only as an agent of your company.
This Agreement May Change
Syngenta is continually improving and adding new functionality and features to this Site and improving and adding to its existing services and programs. Because these ongoing improvements, changes in the law and changes in technology may require changes to this Agreement, Syngenta reserves the right to update or modify this Agreement at any time without prior notice. Syngenta will do so by posting an updated or modified version of this Agreement on this Site. Your use of this Site following any such change constitutes your and your company's agreement to follow and be bound by the terms and conditions of the Agreement as changed. For this reason, we encourage you to review this Agreement regularly. You may review this Agreement at any time by clicking on the button marked "Terms & Conditions" at the bottom of each page of this website. You may review the Privacy Statement, which is part of this Agreement.
This Agreement was last revised in October, 2012.
Usernames, Passwords and Security
Your username and password are issued to you personally, and may not be used by anyone else (including other employees or agents of your company). You and your company are entirely responsible for maintaining the confidentiality of your username and password. Furthermore, you and your company are entirely responsible for all activities that occur on this Site using your username and password, whether or not the activities or the use of your password was authorized by you or your company. You or your company must notify Syngenta immediately of any known or suspected unauthorized use of your username and password or any other breach of security.
Updating User Information
You or your company must notify Syngenta promptly if any of the information that you provided as part of this registration process (the "User Information") changes, or if you or your company becomes aware that any of the User Information is inaccurate or incomplete.
Notwithstanding your or your company's obligation to provide Syngenta with updated User Information, Syngenta has the right to rely on the User Information that you or your company previously provided until such time as you or your company has provided Syngenta with updated User Information. You and your company further agree that Syngenta may provide notices related to this Agreement or to this Site by e-mail using the latest e-mail address you or your company has supplied to Syngenta.
If you cease to be an employee or authorized agent of your company, or cease to be authorized by your company to use this Site, then your company must promptly notify Syngenta, and you are no longer authorized to use this Site.
As between you and your company and Syngenta, Syngenta shall have sole and exclusive ownership of all right, title, and interest in and to this Site, including, without limitation, the design, features, functionality, navigation, content, and "look and feel" of this Site, and all data collected through this Site, including, without limitation, all intellectual property rights associated therewith, such as all copyrights, patents, trademarks, trade secrets, and know-how.
Right to Change Site
SYNGENTA RESERVES THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS SITE, OR TO SHUT DOWN THIS SITE, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY TO YOU OR YOUR COMPANY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
Copyright Notice and Limited License
The copyrights in the content of this Site are owned by Syngenta or by one of its affiliates, or by third parties who have licensed their materials to Syngenta.
You may download, store, print, and copy selected portions of the content of this site, provided you: (1) only use the content you download for your personal, noncommercial use; (2) you do not publish or post any part of the content on any other Internet site; (3) you do not publish or broadcast any part of the content in or on any other media; (4) you do not modify or alter the content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the content of this site without first obtaining written permission from Syngenta.
Except as expressly stated above, no right, title or interest in the downloaded content is transferred to you when you download content from this site. Except for the limited, non-exclusive license expressly granted above, nothing contained in these terms and conditions or on this website shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any other right under any copyright, trademark, patent, or other intellectual property right of Syngenta or any third party .
Syngenta welcomes your comments and feedback regarding this website. All information and materials submitted to Syngenta through this website, such as any comments, feedback, ideas, questions, designs, data or the like, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting communications and/or materials to Syngenta through this website, you assign to Syngenta, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information and/or materials you submit. Syngenta will be entitled to use any information and/or materials you submit through this website, and any ideas, concepts, know-how or techniques contained in any such information and/or materials, for any purpose whatsoever, included but not limited to developing, manufacturing and marketing products using such information or materials without restriction and without compensating you in any way.
However, Syngenta will not use any information or materials you submit through this website in a way that violates applicable privacy laws. In particular, Syngenta will not release your name or otherwise publicize the fact that you submitted information or materials to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
You are responsible for the information and other content contained in any communications you submit through this website, including, without limitation, their truthfulness and accuracy.
All of the trademarks, service marks and logos displayed on this website (the "Trademark(s)") are registered and unregistered trademarks of Syngenta, one of its affiliates, or third parties who have licensed their Trademarks to Syngenta or one of its affiliates.
Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Syngenta's written permission.
Links to Other Sites
This Site contains hyperlinks to sites that are not operated by Syngenta. These hyperlinks are provided for your and your company's reference and convenience only, and do not imply any endorsement of the material on these third-party sites or any association with their operators. Syngenta does not control these sites and is not responsible for their contents. You and your company access and use these sites solely at your and your company's own risk.
Much of the information, articles and other materials available through this site are provided to Syngenta by third-parties. Wherever practical, in our opinion, the source of these third-party materials is identified. Syngenta does not endorse these materials or the parties who supply them to us, nor does Syngenta warrant or represent that these materials are current, accurate, complete or reliable. Syngenta accepts no responsibility for any use to which third party information is put.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SYNGENTA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYNGENTA DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. SYNGENTA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALTHOUGH SYNGENTA HAS MADE AND WILL CONTINUE TO MAKE GREAT EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SYNGENTA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL SYNGENTA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, SYNGENTA SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE; THIS APPLIES IN PARTICULAR TO ANY REFERENCES TO PRODUCTS AND SERVICES SUPPLIED BY SYNGENTA. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF SYNGENTA OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ANY LIABILITY WE MAY HAVE FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS AND EXCLUSIONS ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Syngenta reserves the right to terminate the licenses granted under this Agreement (and the licenses granted under all other Agreements between Syngenta and you or your company relating to the subject matter hereof, including, but not limited to the software license to use the Syngenta Application Software) upon e-mail notice to you or your company. Unless mutually agreed in writing by the parties, this Agreement will remain in effect following termination of the licenses.
You and your company acknowledge that the Internet is not a reliable means of communication; Syngenta does not warrant the security of any information transmitted through the Internet. Syngenta uses industry-standard, SSL (Secure Socket Layer) encryption and decryption methodology to protect information while in transit to and from Syngenta servers.
Site Not Intended for Use Outside Canada
You and your company acknowledge that this Site is operated by Syngenta from its offices within the Canada for use in and viewing from Canada. You and your company acknowledge and agree that Syngenta makes no representation that the Site is appropriate for use in or viewing from other locations. You and your company access this Site from other locations at your and your company's own risk.
Governing Law and Jurisdiction
This Agreement shall be governed by, subject to, and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable thereto without regard to conflict of law principles. Any action relating to this Agreement shall only be brought in a court of competent jurisdiction in Ontario, and you and your company consent to the jurisdiction, venue and convenience of such courts.
In the event any term or provision of this Agreement or any application thereof shall be deemed to be illegal, void or unenforceable, then the same shall not affect the remaining portions of this Agreement or any other application of the same that are not determined to be illegal, void or unenforceable, which remaining provisions and any other such application shall survive and constitute the agreement of the parties.
This Agreement and the licenses referenced herein constitute the entire agreement between you and your company and Syngenta with respect to your and your company's access to and/or use of this Site.
The parties hereto have requested that this Agreement and any related schedules be drafted in English. Les parties présentes ont exigé que cette entente et tous documents s'y rapportant soient rédigés en anglais.