WELCOME TO The TouchPointSM website (“Site”) located in the password protected area of the Pioneer.com website. PIONEER HI-BRED INTERNATIONAL, INC, (hereinafter “Company”) OFFERS YOU ACCESS TO THIS SITE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms”). IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE e-mail us at: retailersupport@pioneer.com.
Permitted Use of TouchPoint website and General Use Restrictions
The Company or third parties granting rights to Company 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 Company or such third parties. Company grants you a limited, non-exclusive, non-assignable, and non-transferable license to use and display the Services only for purposes associated with your interaction with this Site. Some of the information included as part of the Services is considered by Company to be proprietary, confidential, of a sensitive nature and/or the trade secrets of Company. Accordingly, you will keep confidential and not disclose to any person or entity outside your sales 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 , 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 Company.
This Site is password restricted to authorized users only and can only be accessed with the login account and password assigned to you by Company. 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 Company 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 Company of any unauthorized use of your account or any other breach of security known to you in relation to the Site. Company reserves the right to revoke your password and access to the Site at any time and for any reason.
This Site is only offered to those authorized persons located in the United States. You hereby represent that you are located in the United States. Any part of the Services on this Site may change without notice to you at any time in Company`s sole discretion. The services offered on a Company website in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. Company does not and shall not make any warranty or representation that a user in one region may obtain the services from a Company website in another region and Company 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. Company 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 Company publishes on the Site, or on any of its other websites including, but not limited to those located at the domain pagcat.com may contain references or cross references to Company products, programs and services that are not announced or available in your country. Such references do not imply that Company intends to announce such products, programs or services in your country. Consult your local 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 Company, 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. Company 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 Company. Such links do not constitute an endorsement by Company of any such websites or the products or services offered through such websites. You acknowledge that Company is providing these links to you only as a convenience, and that Company 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 Limitation on Liability
YOUR USE OF, AND ANY RELIANCE UPON, THIS SITE AND ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR MATERIALS IS AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE SITE OR ITS SERVICES. COMPANY HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER PROVIDED BY COMPANY OR THIRD PARTIES AND COMPANY 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. COMPANY, 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.
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, COMPANY 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 COMPANY 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 COMPANY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Company 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. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
All logos and service names are trademarks and service marks of Pioneer Hi-Bred International, Inc. The trademarks may not be used in connection with any product or service that is not Company`s and no license to any such trademarks shall be construed as being granted hereunder.
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.
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 Company, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright.
When Company collects information, it does so in compliance with its Information Privacy Policy. Additional responsibilities regarding the collection and transfer of personal information may be communicated to you by Company.
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 Company 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.
If Company becomes aware of inappropriate or unauthorized use of the Site or any of its Services, Company will respond in any way that, in its sole discretion, Company deems appropriate. Additionally, either user or Company may terminate these Terms and your access to the Site without notice at any time for any reason, or no reason at all.
Company 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.
Waiver: No omission or delay on the part of Company 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: Company (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. Conflict: Any conflict in terms with the Retail Account Agreement shall be resolved under interpretation of the Retail Account Agreement.
