Pioneer GrowingPoint® website

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PIONEER TERMS OF USE

WELCOME TO The Pioneer GrowingPoint® website ("Site") located in the password protected area of the Pioneer.com website. PIONEER HI-BRED INTERNATIONAL, INC, (�Pioneer�) OFFERS YOU ACCESS TO THIS SITE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms"). BY CLICKING ON THE �I AGREE� BUTTON YOU AGREE TO ABIDE BY THE TERMS SET FORTH BELOW. THAT ACTION IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THE TERMS AND YOUR INTENTION TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT CLICK ON THE �I AGREE� BUTTON AND DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE e-mail us at GrowingPoint@pioneer.com.

PERMITTED USE OF GROWINGPOINT AND GENERAL USE RESTRICTIONS Pioneer or third parties granting rights to Pioneer hold all right, title, and interest in and to the products, services, content, material, information, scripts, code and various functionalities and applications (collectively, the "Services") on this Site, which are the copyrighted work of Pioneer or such third parties. Pioneer grants you a limited, personal, non-exclusive, non-assignable, and non-transferable license to use and display the Services only on your personal computer and only for purposes associated with your interaction with this Site. Some of the information included as part of the Services is considered by Pioneer to be proprietary, confidential, of a sensitive nature and/or the trade secrets of Pioneer. Accordingly, you will keep confidential and not disclose to any person or entity outside your farming operation any of the information retrieved by you during your use of the Site and Services. Except as stated herein, you shall have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Services in any manner or (to the extent such restriction is allowed by law) reverse engineer or decompile any code, script, or software forming part of the Services. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site, the Services or any content, information or materials related thereto and you shall not "frame" or "mirror" the Site, any Services contained on, framed within, or accessible from or through this Site on any other server or Internet-based device without the advanced written authorization of Pioneer. 

PASSWORD RESTRICTIONS
This Site is password restricted to authorized users only and can only be accessed with the login account and password assigned to you by Pioneer. Even though the Site may allow you to change your password, you shall be responsible for maintaining the confidentiality of your password and login account, and agree to notify Pioneer if the password is lost, stolen, disclosed to an unauthorized third party, or may have been compromised. You may be allowed to enter into transactions and other agreements via this Site. You agree that you accept all responsibility and to be bound by any and all activities and transactions that occur under your password and login account, whether or not authorized by you. You agree to immediately notify Pioneer of any unauthorized use of your account or any other breach of security known to you in relation to the Site. Pioneer reserves the right to revoke your password and access to the Site at any time and for any reason.  

AVAILABILITY
Pioneer has several web sites offering Services to specific regions worldwide. This Site is only offered to those persons located in the United States or Canada. You hereby represent that you are located in the United States or Canada. Any part of the Services on this Site may change without notice to you at any time in Pioneer's sole discretion. The services offered on a Pioneer website in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. Pioneer does not and shall not make any warranty or representation that a user in one region may obtain the services from a Pioneer website in another region and Pioneer may cancel a user's access to and use of this Site and the Services where it is determined that you are not located in the United States or Canada. Pioneer is under no obligation to maintain this Site or provide the Services contained herein and makes no warranty that it will do so. Information that Pioneer publishes on the Site, or on any of its other websites including, but not limited to those located at the domain Pioneer.com may contain references or cross references to Pioneer products, programs and services that are not announced or available in your country. Such references do not imply that Pioneer intends to announce such products, programs or services in your country. Consult your local Pioneer business contact for information regarding the products, programs and services which may be available to you. 

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
In your use of the Site, you may, through links to other websites or to advertisements, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party advertisers or members or sponsors of the Site. Unless otherwise stated specifically by Pioneer, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. Pioneer shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. 

This Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by Pioneer. Such links do not constitute an endorsement by Pioneer of any such websites or the products or services offered through such websites. You acknowledge that Pioneer is providing these links to you only as a convenience, and that Pioneer is not responsible for the business practices, content, privacy policies or links displayed on such websites or products and services offered through such sites to which you may be linked and your access to these websites is at your own risk. 

DISCLAIMER OF WARRANTIES AND LIIMITATION ON LIABILITY YOUR USE OF, AND ANY RELIANCE UPON, THIS SITE AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, MATERIALS, AGRONOMIC INFORMATION, WEATHER FORECAST, ADVICE AND COMMODITY PRICES IS AT YOUR OWN RISK. The Services have not been independently verified or authenticated in whole or in part by Pioneer. PIONEER DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE SITE OR ITS SERVICES. PIONEER HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER PROVIDED BY PIONEER OR THIRD PARTIES AND PIONEER DOES NOT GUARANTEE THE AVAILABITY OF THE SITE. 

THIS SITE AND SERVICES IS PROVIDED TO YOU ON AN "AS IS", �AS AVAILABLE� AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS. PIONEER, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS SITE OR SERVICES, PROVIDES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN CONNECTION WITH OR REGARDING THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, REPRESENTATION, OR SERVICES CONTAINED ON THE SITE. 

ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY DISCLAIMED. SPECIFICALLY, PIONEER MAKES NO WARRANTY REGARDING THE AVAILABILITY OF THE SITE, THE SERVICES, ANY DATA STORED ON THE SITE, YOUR ACCESS TO THE SITE OR ANY DATA, OR THE ACCURACY OF ANY INFORMATION EITHER STORED OR PROVIDED VIA THE SITE. 

NEITHER PIONEER NOR ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS SITE SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE OR FAILURE TO REALISE EXPECTED SAVINGS ARISING FROM OR CONNECTED WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR SERVICES OR YOUR INABILITY TO USE THE SITE OR SERVICES, EVEN IF PIONEER HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY THIRD PARTY OWNERS OF ANY MATERIALS, SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO WEATHER FORECAST OR COMMODITY INFORMATION, PROVIDED OR CONTAINED ON THIS SITE ARE THIRD PARTY BENEFICIARIES TO THE WARRANTY AND LIABILITY LIMITATION PROVISIONS CONTAINED IN THIS PARAGRAPH AS THOSE PROVISIONS RELATE TO THEIR MATERIALS, SERVICES OR CONTENT. TO THE EXTENT ANY LIABILITY ARISES ON BEHALF OF PIONEER RELATED TO THIS SITE OR ITS SERVICES, USER AGREES THAT THE MAXIMUM LIABILITY OF PIONEER WILL BE $25.00 U.S. DOLLARS. 

LOCAL LAWS; EXPORT CONTROL
Pioneer controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States and Canada. If you use this Site from outside the United States of America or Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations. 

TRADEMARKS
Pioneer, PHI Financial Services, PHI Marketing Services, MarketPoint, GrowingPoint and other logos and service names are trademarks of Pioneer Hi-Bred International, Inc. Pioneer's trademarks may not be used in connection with any product or service that is not Pioneer's and no license to any such trademarks shall be construed as being granted hereunder. 

APPLICABLE LAW
Any action related to these Terms will be governed by the law of the State of Iowa, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Iowa, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site. 

SUBMISSIONS
You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through public and/or private posting areas, e-mails, or other services available in connection with this Site, and that you, and not Pioneer, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Statement you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant to Pioneer a perpetual, worldwide license to use or disseminate a Submission on an unrestricted basis for any purpose whatsoever. 

PRIVACY
When Pioneer collects information, it does so in compliance with its Information Privacy Policy, and the Privacy Statement connected with this Site. As such, Pioneer will collect, use and disclose personal information in connection with this website for those purposes identified to you at or prior to the time of collection and in accordance with the Information Privacy Policy and the Privacy Statement. 

USER INDEMNIFIES PIONEER
You alone are responsible for your actions related to the use of this Site or the actions of any person using your user name and/or password. As such, you shall defend, indemnify and hold Pioneer and its affiliates and their respective officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all claims, demands, lawsuits, costs, damages, liabilities, and expenses (including legal fees) incurred, claimed or alleged, relating in any way to: (i) your breach of the Terms, your use of the Site or the use of the Site by any person using your user name and/or password; and (ii) any claim that one or more of your Submissions, or the Submission of any person using your user name and/or password, violate the intellectual property rights of any third party or are otherwise defamatory or libelous in the United States or Canada. 

TERMINATION
If Pioneer becomes aware of inappropriate or unauthorized use of the Site or any of its Services, Pioneer will respond in any way that, in its sole discretion, Pioneer deems appropriate. Additionally, either user or Pioneer may terminate these Terms and your access to the Site without notice at any time for any reason, or no reason at all. 

TERMS OF USE REVISIONS
Pioneer reserves the right to revise these Terms at any time by updating this posting. Notice that the Terms have been revised shall be provided to you via email or by posting such fact in a conspicuous place on the Site for a reasonable amount of time. Your continued use of the Site after such notice will constitute your acceptance of such revised Terms. 

MISCELLANEOUS
Waiver: No omission or delay on the part of Pioneer in requiring the due and punctual fulfillment of any of its obligations hereunder shall constitute a waiver of any of its rights to require such due and punctual fulfillment of any obligation hereunder, nor shall any single or partial exercise of a right preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. Entire Agreement: These Terms constitute the entire agreement among the parties hereto and supersedes all other prior agreements or understandings, both written and oral, between the parties or any of them with respect to the subject matter hereof. Force Majeure: Pioneer (or any of its affiliates or representatives) shall not be responsible or liable to any other party for any failure to perform any of its covenants or obligations under these Terms if such failure results from events or circumstances reasonably beyond the control of such party. Headings: The Article and Section headings in these Terms are solely for the convenience and reference of the parties hereto and are not intended to be descriptive of the entire contents of, or to affect, any of the terms or provisions hereof. Survival: The termination of these Terms as specified herein shall not serve to eliminate any liability arising out of conduct prior to the actual date of termination and any party hereto may, following such termination, pursue such remedies as may be available with respect to such liabilities. Severability. If any term or provision of these Terms or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from these Terms and the remainder of these Terms shall be unaffected thereby be valid and be enforced to the fullest extent permitted by law. Language. The Parties have required that these Terms and all documents relating thereto be drawn-up in English. Les parties ont demand� que cette convention ainsi que tous les documents qui s�y rattachent soient r�dig�s en anglais.
I have read and accept the Terms of Use and submit that I am at least 18 years of age. By submitting the attached information, you consent to the use and disclosure of the attached information provided for the purposes detailed in our Privacy Statement.