Special terms for password-protected areas
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.
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.
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.
Ownership and License
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.
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.
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.
Send an e-mail to Global Privacy Office: [email protected]
Write to us at:
Corporate Affairs #50
PO Box 9300
Minneapolis, MN 55440-9300