Conditions of Use

This website has been developed by Bayer CropScience LP and/or one of its affiliates (collectively, hereinafter to be referred to as “BAYER”, “we”, “our” or other first person pronouns) and is administered by the same or by a BAYER representative. Access to and use of this website and any services or content provided through this website are subject to the following Conditions of Use (these “Conditions”). By using this website, you accept all of these Conditions, without qualification or limitation. We reserve the right to discontinue, or to make partial or complete modifications to, this website or these Conditions and/or to refuse or terminate access to the website, at our sole discretion and without prior announcement. We must therefore ask you, next time you visit this website, to view these Conditions again and to note any changes or amendments that may have been made.

Ownership and use

This website and all content used or displayed on the website (including the Trademarks, as defined below) are the sole property of, or are used under license by, BAYER and are protected by patent, copyright, trademark and other intellectual property laws. You understand that you have no right to use the website and/or content except as stated in these Conditions. BAYER grants you a non-exclusive, non-transferable, revocable, limited license to view, print and distribute content retrieved from the website for your personal, lawful, non-commercial purposes, if you comply with these Conditions and if you do not remove or obscure any copyright notices or other notices displayed on the content. You also will not:

·      copy, change, reuse, reverse engineer, decode or create derivative works from, the website or any part of the website, including the software incorporated into the website;

·      copy, reprint, modify, display, reproduce, perform, translate, download, distribute, adapt, create derivative works from, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the website in any way, for any commercial use, or provide it to any commercial source, including other websites, without the prior written permission from BAYER;

·      use this website to violate any applicable law or intellectual property rights or for any obscene, discriminatory or immoral purpose; and/or

·      interfere, or attempt to interfere, with the proper working of this website.

BAYER reserves all rights not expressly granted to you. If you fail to comply with these Conditions or if requested by BAYER, you agree to immediately destroy and stop all uses of any content, or any part of the content, retrieved from this website.

Trademarks

All trademarks, trade names, trade dress, service marks and logos (the “Trademarks”) on this website are the sole property of, or are used under license by, BAYER. You may not use or display any Trademarks without our prior written consent.

Limited liability and disclaimer

BAYER has compiled the detailed information provided on this website from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavor to expand and update this range of information on an ongoing basis. The information on this website is purely for the purpose of presenting BAYER and its products and services and is provided on an “AS IS” and “AS AVAILABLE” basis. However, no representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information on this website or for the availability or performance of this website. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE AND ITS CONTENT.

Please be aware that this information although accurate on the day it was published, may no longer be up to date. Although BAYER 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. BAYER 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. We therefore recommend that you check any information you obtain from this website prior to using it in whatever form. Advice given on this website does not exempt you from conducting your own checks on our latest advice – particularly our safety datasheets and technical specifications – and on our products, with a view to their suitability for the intended processes and purposes. You acknowledge that it is your responsibility to read and follow product label directions and to comply with applicable laws and regulations related to the product. Should you require any advice or instructions concerning our products or services, please contact us directly.

BAYER does not represent or warrant that the content of this website is free of viruses, worms or other code that may manifest contaminating or destructive properties. Users of this website declare that they agree to access the website and its content at their own risk.

Neither BAYER nor third parties involved in the writing, production or transmission of this website can be held liable for damage or injury resulting from any matter relating to the website, such as access or the impossibility of access or from the use or impossibility of use of this website or from the fact that you have relied on information given on this website.

Websites of third-party vendors/links

This website may contain links/references to third-party websites. By providing such links, BAYER does not give its approval to their contents. Neither does BAYER accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. By providing such links, it does not imply endorsement, investigation or verification by BAYER of the linked website or information contained therein. Links to other websites are provided to website users merely for the sake of convenience. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.

Details supplied by user

The user of this website is fully responsible for the content and correctness of details he or she sends to BAYER as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for BAYER to store such details and to use the same for the purpose of statistical analysis or for any other specified business purpose, unless the information involves personal details, going beyond master data or usage data. EXCEPT FOR ANY INFORMATION SUBJECT TO OUR PRIVACY STATEMENT BELOW, ALL INFORMATION YOU TRANSMIT TO THIS WEBSITE INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS AND WILL BE TREATED AS BEING NON-CONFIDENTIAL AND NON-PROPRIETARY. In particular, BAYER is entitled to use the contents of such information, including ideas, inventions, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.

International users

This website is checked, operated and updated by BAYER at Saint Louis, Missouri, United States of America (“United States”). It is exclusively intended for use in the United States and its territories. BAYER gives no guarantee that the details presented on this website are also correct in places outside of the United States or its territories, and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Should you call up this website from a place outside or download contents from such a place, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in that place.

Products mentioned on this website may not be available in all countries, or may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country.

In the United States, the crop science business of the Bayer Group is conducted by Bayer CropScience LP. Customers in the United States are requested to address comments, questions and concerns to this entity.

Sale of Bayer products and additional terms

Our products are sold in accordance with the current version of our applicable terms of sale. In addition, certain features or content on this website, such as marketing programs, offers, contests, sweepstakes or other promotions may be subject to additional terms. By participating in any activity on this website governed by additional terms, you agree that you will be subject to those additional terms in addition to these Conditions, and in the event of a conflict, the additional terms will prevail over these Conditions.

Access rights

If this website permits you to adopt a User Name and Password or to use an assigned User Name and Password in order to access features of the website, then: (1) you agree to use the website solely for legitimate purposes, and (2) when registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.

Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization.

You must notify BAYER immediately if you learn that security has been violated in respect of any details available on the BAYER website or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible.

 

Electronic communications

You consent to receive communications from BAYER electronically, subject to local privacy laws.  We will communicate with you by email or by posting notices on our websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be provided in writing.

Data security and privacy

Due to the nature of the Internet, the risk of unauthorized use, disclosure, and interception of communications or materials you send to BAYER via the Internet can never be entirely eliminated, and users should be aware of these risks before communicating with BAYER via the Internet.  Additionally, we cannot guarantee that the availability of this website will be uninterrupted and that transmissions will be error-free.  Your access to the website may be occasionally suspended or restricted for a variety of reasons including, for example, to allow for maintenance or the introduction of new services.

Please review our Privacy Statement, which is a part of these Conditions and also governs your use of the website, to understand how we collect, use, store, and share your personal data.

Procedure for making claims of copyright infringement

BAYER respects the intellectual property of others. If any content uploaded to this website infringes upon your proprietary copyrights, you may send us a notice as described in Section 512(c)(2) of the United States Copyright Code. This process applies only to copyright issues. Other issues (e.g., impersonation, violations of someone's right of publicity, etc.), should be brought to our attention by contacting:

BAYER Law, Patents and Compliance – Crop Science

Attention: Trademark Counsel

800 North Lindbergh Blvd.

St. Louis, MO 63167

(a) What Must the Notice Contain?

All notices of claimed copyright infringement must contain the following:

·      A physical or electronic signature of either you or a person authorized to act on your behalf;

·      A description of the copyrighted work that you claim is being infringed;

·      A description of where the material that you claim is infringing is located on the website;

·      Your address, telephone number, email address, and all other information we may need to contact you;

·      A statement by you that you have a good faith belief that the use at issue is not authorized by the copyright owner, its agent, or the law; and

·      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of the material in question (or that you are authorized to act on behalf of the copyright owner).

AN INCOMPLETE NOTICE WILL NOT RECEIVE A RESPONSE FROM US, SO PLEASE MAKE SURE THE NOTICE IS COMPLETE AND ACCURATE.

(b) Where Should I Send My Notice?

Notices of claimed copyright infringement should be directed to:

BAYER Law, Patents and Compliance – Crop Science

Attention: Trademark Counsel

800 North Lindbergh Blvd.

St. Louis, MO 63167

All information you provide to our copyright agent will be used exclusively for the claimed infringement notice and response procedure, and will only be shared with other parties to the extent that the sharing is required to process the notice according to these Conditions. PLEASE NOTE: all other inquiries and communications, such as product or service questions, privacy inquiries, etc., will not receive a response if sent to the address above.

Applicable law

These Conditions and any dispute connected to these Conditions will be governed by and construed in accordance with the laws of the State of Missouri, USA (other than its rules on conflicts of laws) and the federal laws of the United States of America.  Any dispute under these Conditions shall only be brought in a U.S. District Court in the Eastern District of the State of Missouri, Eastern Division, or the Circuit Court of St. Louis County, Missouri.

Forward-looking statements

This website may contain forward-looking statements based on current assumptions and forecasts made by Bayer Group or subgroup management. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of the company and the estimates given here. These factors include those discussed in Bayer's public reports which are available on the Bayer website at www.bayer.comThe company assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.

Last updated: 4/29/2020