WELCOME TO the Pioneer.com website ("Site"). PIONEER HI-BRED INTERNATIONAL, INC, ("Pioneer") OFFERS YOU ACCESS TO THIS SITE, THE SERVICES AND OTHER FEATURES OFFERED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms"). IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE e-mail us at email@example.com.
Please read these Terms carefully before browsing or using this Site or the services and other features offered. By browsing or using this Site or the services and other features offered, you are agreeing to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use this Site or the services or the other features offered.
Permitted Use and General Use Restrictions
Pioneer or third parties granting rights to Pioneer hold all right, title, and interest in and to the pages and screens on this Site and to all products, services, content, material, information, data, scripts, software, code, mobile device applications and various other functionalities and applications available on, through or with reference to this Site (collectively, the "Services"), which are the copyrighted work of Pioneer or such third parties. Pioneer grants you a limited, personal, revocable, non-exclusive, non-assignable, non-transferable and non-sublicensable license to use and display the Services only for the intended purposes of the Services and subject to these Terms. 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 third party person or entity any of the information retrieved by you during your use of this Site or the Services. Except as stated herein, and to the extent permitted by applicable law, you shall have no right to copy, download, display, use for competitive comparison or other unauthorized purposes, perform, reproduce, distribute, modify, edit, alter, translate, adopt or enhance any of the Services in any manner or create any derivative works from the Services, reverse engineer or decompile any code, script, or software forming the Services. This limited license terminates automatically without notice to you if you breach any of these Terms. Upon termination, you must immediately delete and destroy any downloaded application and content and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to this Site, the Services or any content, information, materials, applications or other functionalities related thereto and you agree not to "frame" or "mirror" this Site, any Services contained on, framed within, or accessible from or through this Site on any other server, Internet-based device or mobile device without the prior written authorization of Pioneer.
This Site includes areas that offer Services to specific regions worldwide. The Services offered 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 same Services in another region. Pioneer may cancel a user's access to and use of this Site and Services at any time and for any reason. Pioneer may redirect a user to the area of the Site for that user's region. Information that Pioneer publishes on this Site may contain references to Pioneer products, programs and services that are not announced or available in your region or country. Such references do not imply that Pioneer intends to announce such products, programs or services in your country or region. Consult your local Pioneer business contact for information regarding the products, programs and services that may be available to you. Any part of the Services on this Site may change without notice to you at any time in Pioneer's sole discretion. Pioneer is under no obligation to maintain this Site or provide the Services contained herein and makes no warranty that it will do so.
When you sign up to use a special feature, mobile device application or password-protected area of this Site, you may be asked to agree to these Terms or to special terms governing your use of the special feature, mobile device application or password-protected area. In such cases, you will be asked to expressly consent to these Terms or the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend these Terms but only with respect to the matters governed by the "click-through agreement."
Only visitors who create an account using the functionality available on this Site ("Registered Users") may post Submissions or use certain other features and functionality of this Site.
Age Restrictions. You must be at least 18 years of age to become a Registered User. By creating an account on this Site, you represent and warrant to us that you are at least 18 years old and have read, accept and agree to be bound by these Terms.
Account Information. When you create an account on this Site, you will be required to provide certain information to us. This information becomes part of your Pioneer account information (your "Account Information"). Your Account Information includes information such as your e-mail address, screen name, password and other business information you may provide or submit on this Site. Your Account Information is password protected.
Account Information must be Accurate. By creating an account on this Site, you represent and warrant to us that the information you have provided during the registration process is true, accurate and complete. Further, you agree to keep your information true, accurate and complete by logging onto this Site and updating your Account Information promptly if your information changes.
Your Screen Name and Password. You must choose a screen name and password when you register. Please be aware that when you post a Submission, your screen name will appear on public pages of this Site. To protect your privacy, please do not use a screen name that makes it easy for someone to guess your identity.
Mobile Device Applications. The limited license granted by these Terms permits certain users pre-approved by Pioneer to download and install certain applications to mobile devices. Only one copy of each application may be installed by each such user and the application may be accessed and used only for the intended purposes and in accordance with these Terms and any other special terms that apply to the specific application. Upon the termination of this limited license, you will delete the application from your mobile device.
You will need to sign in using your screen name and password in order to use certain Services. You may not use the screen name or password of any other person to access this Site or the Services. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access this Site or the Services. You will be solely responsible for the activities of anyone accessing this Site or the Services using a password assigned to you, even if the activities were not, in fact, authorized by you. You must notify Pioneer immediately of any unauthorized use of your screen name or password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided on this Site. If you need help changing your password, contact us at firstname.lastname@example.org or 1-800-233-7333.
Revocation of Registration. Pioneer has the right to revoke your registration and delete your Account Information and Submissions for any reason at any time, in our sole discretion. If we do so, you will no longer be able to access the password protected areas or functionality of this Site.
You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through public and/or private posting areas, forums, e-mails, or other Services 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 each Submission on an unrestricted basis for any purpose whatsoever.
Pioneer does not routinely monitor your Submissions but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if Pioneer becomes aware of inappropriate use of this Site or the Services, Pioneer will respond in any way that, in its sole discretion, Pioneer deems appropriate. You acknowledge that Pioneer will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Pioneer will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Third Party Interaction and Links to Third Party Sites
In your use of this Site or the Services, you may, through applications available through or with respect to this Site, 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, commerce providers, independent distributors, or other Registered Users. 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. You agree that Pioneer has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any 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. You agree 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. You agree that your access to those websites is at your own risk.
All links to Pioneer websites by third parties ("linking party") must be approved in writing by Pioneer. Please contact email@example.com for approval.
As a condition to being permitted to link to this Site, the linking party must agree that Pioneer may at any time, in its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.
By linking to this Site, the linking party agrees to indemnify and hold Pioneer safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Pioneer shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Pioneer makes no warranties, express or implied, with respect to such links.
YOUR USE OF, AND ANY RELIANCE UPON, THIS SITE OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION, MATERIALS, DOWNLOADED APPLICATIONS, AGRONOMIC INFORMATION, YIELD DATA, WEATHER FORECAST, ADVICE AND COMMODITY PRICES IS AT YOUR OWN RISK. PIONEER DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE FOREGOING, THIS SITE, OR THE SERVICES. PIONEER HAS NO LIABILITY RELATING IN ANY WAY TO THE FOREGOING OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS OR OMISSIONS THEREIN, WHETHER PROVIDED BY PIONEER OR THIRD PARTIES, AND PIONEER DOES NOT GUARANTEE THE AVAILABILITY OR FUNCTIONALITY OF THIS SITE OR THE SERVICES. THIS SITE OR THE SERVICES MAY INCLUDE ERRORS OR INACCURACIES THAT MAY AFFECT THE USE OF THE SITE OR USE AND QUALITY OF THE SERVICES. 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 THIS SITE OR THE SERVICES. PIONEER HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER PROVIDED BY PIONEER OR THIRD PARTIES.
THIS SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND. PIONEER, FOR ITSELF AND ANY THIRD PARTY PROVIDING SERVICES TO THIS SITE, PROVIDES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND IN CONNECTION WITH OR REGARDING THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT, MATERIAL, INFORMATION, PRODUCT, REPRESENTATION, OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PIONEER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, 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, CUSTOM, OR USAGE OF TRADE. SPECIFICALLY, PIONEER MAKES NO WARRANTY, REPRESENTATION OR GUARANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THIS SITE, THE SERVICES, ANY STORED DATA OR OTHER INFORMATION, FUNCTIONALITIES, APPLICATIONS OR OTHER FEATURES PROVIDED.
NEITHER PIONEER NOR ANY THIRD PARTY PROVIDING SERVICES 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 REALIZE EXPECTED BENEFITS OR SAVINGS ARISING FROM OR CONNECTED WITH THIS SITE OR 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 SERVICES, INCLUDING, BUT NOT LIMITED TO WEATHER FORECAST, MARKET 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 SERVICES, USER AGREES THAT THE MAXIMUM LIABILITY OF PIONEER WILL BE $25.00 U.S. DOLLARS.
IF YOU ARE RESIDENT IN THE EUROPEAN UNION, PIONEER DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Encirca® services provides estimates and management suggestions based on statistical and agronomic models. Encirca services is not a substitute for sound field monitoring and management practices. Individual results may vary and are subject to a variety of factors, including weather, disease and pest pressure, soil type and management practices.
ENCIRCA® SERVICES ARE PROVIDED "AS IS" AND PIONEER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE USE OF ENCIRCA SERVICES OR THE RESULTS OBTAINED THEREFROM, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED. IN NO EVENT WILL PIONEER OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF OR RELIANCE UPON ENCIRCA SERVICES.
All products, programs and services shown on this Site are subject to the terms, conditions, licenses and restrictions applicable to those products, programs and services. The descriptions, pictures and other depictions of products, programs and services shown on this Site may contain inaccuracies and errors. Pioneer does not make any warranty or representation with respect to the accuracy or completeness of any such information. The prices, descriptions, features and availability of products, programs and services shown on this Site may change without notice to you at any time in Pioneer's sole discretion. Pioneer shall have the right to refuse or cancel any orders for products or services or participation in any programs shown on this Site.
Local Laws; Export Control
Pioneer controls and operates this Site and provides the Services 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 export and import regulations.
The products shown on this Site may be subject to the United States Export Administration Laws and Regulations or other applicable laws and regulations. Diversion of such products contrary to applicable law is prohibited. Neither the products, nor any information acquired through the use of this Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States or other applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
PIONEER, The Trapezoid symbol, Technology That Yields®, Science with Service Delivering SuccessTM and all other products, programs and services denoted withTM, SM, or ® are trademarks, service marks or registered trademarks or service marks of Pioneer Hi-Bred International, Inc. Pioneer trademarks and service marks may not be used in connection with any product, program or service that is not a Pioneer product, program or service.
User Indemnifies Pioneer
You alone are responsible for your actions related to the use of this Site and the Services or the actions of any person using your user name and password or mobile device. As such, you will 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 these Terms; (ii) your use of the Site or the Services; (iii) the use of the Site or the Services by any person using your user name and password or mobile device; and (iv) any claim that one or more of your Submissions, or the Submission of any person using your user name or password, violate the intellectual property rights of any third party or are otherwise defamatory or libelous.
Any action related to these Terms will be governed by the law of the State of Iowa, United States of America, 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, United States of America, for the resolution of all disputes arising from or related to these Terms or your use of this Site.
If Pioneer becomes aware of inappropriate or unauthorized use of this Site or the Services, Pioneer will respond in any way that, in its sole discretion, Pioneer deems appropriate. Additionally, Pioneer may terminate your access to the Site and the Services and/or terminate any agreements related to the use of the Site or Services without notice at any time for any reason or no reason at all.
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 by posting such fact 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.
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. Fees. Pioneer may charge certain fees in connection with your use of the Site and the initiation of transactions through the Site. These fees will be disclosed and assessed, as applicable, according to Pioneer procedures, and Pioneer may change those fees in its sole discretion from time to time. You may be charged other fees by your Internet provider. You may also be charged additional fees for specific products and services accessed through the Site, such as fees related to the origination of a loan. Providing Means Necessary to Access Service. You are responsible for and must provide all telephone and other equipment, software (other than any software provided by us), hardware, and services necessary to access and utilize the Site and the services provided through the Site. Entire Agreement: These Terms constitute the entire agreement among the parties hereto and supersede 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 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. No Third Party Beneficiaries: You and Pioneer do not intend these Terms to benefit or create any right or cause of action in or on behalf of any person or entity other than Pioneer and you. Compliance with Laws. In addition to this Agreement, you and Pioneer agree to be bound by and will comply with (i) all applicable state and federal laws and regulations, (ii) the requirements of the rules and regulations of any funds transfer system or payment system that is used in connection with any transactions effected through the Site, and (iii) Pioneer's policies and procedures, as amended from time to time in the sole discretion of Pioneer, that apply to the Site or any service or product provided through the Site. Assignment: We may, without your consent, assign or transfer any or all of our interest in this Agreement to any party. You may not assign or transfer any or all of your interest in this Agreement. 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 demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.