Portal Terms of Use

Updated: 04/05/2024

These terms of use (“Terms of Use”) govern the use of this Web site (the “Cargill Customer Portal”). The Cargill Customer Portal is provided and operated by Cargill, Incorporated (“Cargill,” “we,” “us,” or “our”) . As used herein, “You” and “Your” refer to the individual, entity or other person that accesses or otherwise uses the Cargill Customer Portal.

Your consent

PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE CARGILL CUSTOMER PORTAL, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE CARGILL CUSTOMER PORTAL.

Revisions to these Terms of Use

We may revise these Terms of Use at any time with immediate effect by posting a revised version on the Cargill Customer Portal. Each such posting will include the revision date on the top of this page. Your use of the Cargill Customer Portal following any such posting constitutes Your consent to the revised Terms of Use. For this reason, it is important for You to regularly review the posted version of these Terms of Use.

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 any page of the Cargill Customer Portal.

Special terms for password-protected areas

The Cargill Customer Portal includes areas that are open to all visitors and password-protected areas. If You register to use a password-protected area, You may be asked to agree (by checking a box or clicking on a button) to special terms governing Your use of the password-protected area. If those special terms differ from these Terms of Use, those special terms will supplement or amend these Terms of Use with respect to the topics of those special terms in Your use of the password-protected area. Except as modified by those special terms, these Terms of Use apply to all areas of the Cargill Customer Portal.

The following terms apply only to password-protected areas of the Cargill Customer Portal:

You represent and warrant that the information that you provide as part of the registration process and otherwise is true, correct and not misleading.
You will use Your User ID and password only to access the password-protected areas you have access to and not for any other purpose.
You will keep Your password confidential at all times, not disclose Your password or permit anyone else to use Your password, and prevent the unauthorized use of Your User ID and password.
You will not transfer or assign Your User ID and password to any third party. Any act or omission by anyone to whom You disclose Your password will be treated as if you had committed the act or omission.
You will notify Cargill immediately if You suspect that anyone else has access to Your User ID and password.
You will cease to use and shall delete the password from any of Your records upon expiration or termination of Your use of the Cargill Customer Portal.
Cargill may change Your password and User ID at any time in its sole discretion.
You will notify Cargill immediately if You receive any information through the Cargill Customer Portal that You should not have access to.
You will not disseminate or disclose information or data provided to You through a password-protected area (unless otherwise publicly available) and acknowledge that the material contained on the password-protected areas of the Cargill Customer Portal may be commercially sensitive and confidential to Cargill.

Those terms and conditions are material to Cargill in providing the password-protected areas of the Cargill Customer Portal. Cargill may cancel or limit Your access to or use of the Cargill Customer Portal including suspending or terminating Your user registration if You breach any of those terms and conditions.

Your Representations

If You are accessing or using the Cargill Customer Portal on behalf of a company, You represent that You are authorized to use the Cargill Customer Portal on behalf of the company that You indicate you represent and that both You and that company have agreed to these Terms of Use and have all authorizations and consents required to use the Cargill Customer Portal.

You represent that You will maintain the highest standards of integrity in any business transaction initiated via the Cargill Customer Portal.

You represent that you will not engage in activity that is harmful to the Cargill Customer Portal (e.g., introducing viruses, trojans, worms, or other material that is malicious).

You represent that you will not attempt to gain unauthorized access to the Cargill Customer Portal, the server on which the Cargill Customer Portal is stored or any server, computer or database connected to the Cargill Customer Portal.

Feedback

We welcome Your comments, feedback, suggestions, and other communications (collectively, “Feedback”). However, submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in that Feedback, including all copyrights and other intellectual property rights, and Feedback will be our exclusive property. As a result, for example, we will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback for any purpose whatsoever, without restriction and without compensating You. For this reason, do not send us any Feedback that You do not wish to assign to us.

Our Online Privacy Policy

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

Ownership and License

Cargill or its licensors own all rights, title and interests in the Cargill Customer Portal. The text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other data and materials provided through the Cargill Customer Portal (collectively, the “Content”) are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. Without limiting the foregoing, the Portal Content is a collective work owned by Cargill under U.S. and international copyright laws and treaties. Cargill owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Nothing in these Terms of Use transfers any right, title or interest in any Content.

We hereby grant You a limited license to view, download and print copies of any Content to which You have gained access in accordance with these Terms of Use solely for Your internal business use or for Your own personal, non-commercial use. That license is subject to the conditions that (1) You do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content, (2) You comply with all applicable laws, statutes and regulations, and (3) You obtain the Content as a human user (not through data mining, robots or other automated data gathering or extraction methods). Cargill may revoke that license at any time without notice and with or without cause. Cargill reserves all other rights in the Content, and You agree that You will not copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content or permit others to do so without our prior written permission.

Trademarks

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

Links

The Cargill Customer Portal may link to other Web sites owned by third parties. A link to a third-party Web site is not an endorsement of that third-party Web site. We are not responsible for the actions, products, or content of those third parties or their Web sites. You may be bound by the terms of use of those Web sites. If You decide to access any such linked Web sites, You do so at Your own risk.

The Cargill Customer Portal also may contain links to other Web sites owned by Cargill or our affiliates. The terms of use of those Web sites differ from these Terms of Use. Before You use any other Web site, You should review the terms of use for that Web site.

Upload Content

Whenever You make use of a feature that allows You to upload content to the Cargill Customer Portal, or to make contact with other users of the Cargill Customer Portal, You must not: (i) breach any applicable local, national or international law or regulation; (ii) cause any unlawful or fraudulent purpose or effect; (iii) submit content that is illegal, abusive, defamatory, obscene, infringing, threatening, false, misleading or otherwise inappropriate; or (iv) submit any viruses or bugs, or other harmful content that could damage or disrupt the Cargill Customer Portal or Cargill systems. You warrant that any such contribution complies with these standards, and You will be liable to Cargill and indemnify Cargill for any breach of this warranty. We have the right to remove any posting You make on the Cargill Customer Portal if, in our opinion, Your post does not comply with these standards. You are responsible for backing up Your content.

Disclaimers

THE CARGILL CUSTOMER PORTAL 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 SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO (1) THE CARGILL CUSTOMER PORTAL; (2) THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE CARGILL CUSTOMER PORTAL; (3) YOUR USE OF THE CARGILL CUSTOMER PORTAL; AND (3) ANY WEB SITES TO WHICH THE CARGILL CUSTOMER PORTAL IS LINKED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARGILL ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE 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 THE CARGILL CUSTOMER PORTAL OR CARGILL SYSTEMS; (D) THAT THE CONTENT IS ACCURATE, COMPLETE, CURRENT, RELEVANT OR RELIABLE; OR (E) THAT YOUR USE OF THE CARGILL CUSTOMER PORTAL 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.

Limitations of liability

UNDER NO CIRCUMSTANCES, SHALL CARGILL, ITS AFFILIATES, OR THEIR RESPECTIVE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE 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 ACCESS, USE OF OR INABILITY TO USE THE CARGILL CUSTOMER PORTAL OR IN CONNECTION WITH ANY CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE CARGILL CUSTOMER PORTAL.

IN NO EVENT SHALL CARGILL, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE 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 THE CARGILL CUSTOMER PORTAL 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, AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF CARGILL OR ONE OF ITS AFFILIATES, LICENSORS OR SERVICE 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.

Discontinuation and Modification

We may discontinue or modify the Cargill Customer Portal (including the Content) in whole or in part at any time without notice.

Miscellaneous

Interpretation. As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waivers. 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. These Terms of Use shall be governed under the laws of the State of Minnesota and the federal laws of the United States, without prejudice to the provisions of the Laws of the country where You are located that cannot be derogated from contractually, and without reference to conflict of laws’ principles, as such laws are applied to agreements entered into and to be performed entirely within the State of Minnesota between residents of the State of Minnesota.

Jurisdictional Issues. The Cargill Customer Portal is controlled and operated from the United States, and is not intended to subject Use to any jurisdiction or laws other than the laws of the United States. The Cargill Customer Portal may not be appropriate or available for use in some non-U.S. jurisdictions. You shall, at Your expense, obtain and maintain in force at all times during the term of this Agreement all approvals, licenses, permits and other authorizations in order for You to access and use the Cargill Customer Portal. You shall bring any actions or proceedings against Us that arise out of or relate to these Terms of Use exclusively in a state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all claims made under these Terms of Use.

Entire Agreement. These Terms of Use contain the entire understanding and agreement between You and us with respect to the Cargill Customer Portal and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between You and us with respect thereto.

Contact Us

If You have any questions regarding or are giving notice or Feedback under these Terms of Use,

Send an e-mail to Global Privacy Office: [email protected]

Write to us at:
Cargill Customer Portal Terms of Use Inquiries
Corporate Affairs #50
Cargill, Incorporated
PO Box 9300
Minneapolis, MN 55440-9300