These Terms of Use
Welcome to sunvalleyeurope.cargill.com (this “Site”). These
Terms of Use (“Terms of Use”) govern the use of this Site provided by Cargill, Incorporated
(“Cargill,” “we,” “us,” “our”). As used herein, “You” and “Your” refers to any individual,
company or legal entity that accesses or otherwise uses the Site.
Your consent
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING OR
USING THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE. IF YOU
DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.
Changes to these Terms of Use
As we add new features and functionality to this Site, we may
need to update or revise these Terms of Use. We therefore reserve the right to update or
revise these Terms of Use, at any time and without prior notice, by posting the revised
version on this Site. These changes will be effective as of the date we post the revised
version on this Site. Your use of this Site following any such change constitutes Your
consent to the terms of the revised Terms of Use. For this reason, it is important to review
these Terms of Use regularly.
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 each page of this Site.
These Terms of Use were last updated on April 1, 2021.
Your feedback
We welcome Your comments, feedback, suggestions, and other
communications regarding this Site and the information and services we make available
through this Site (collectively, “Feedback”). The Feedback You provide to us through this
Site will be and remain our exclusive property. Your submission of Feedback will constitute
an assignment to us of all worldwide rights, title and interests in Your Feedback, including
all copyrights and other intellectual property rights in Your Feedback. We will be entitled
to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly,
distribute, improve and modify any Feedback You submit for any purpose whatsoever, without
restriction and without compensating You in any way. For this reason, we ask that You 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 this Site. Online Privacy Policy is part of and is hereby incorporated into
these Terms of Use.
Ownership of site and content
All rights, title and interests in this Site, including all of
the software and code that comprise and operate this Site, and all of the text, photographs,
images, illustrations, graphics, audio, video and audio-video clips, and other materials
provided through this Site (collectively, “Content”) are owned by Cargill, its affiliates or
by third parties who have licensed or provided their Content to us. This Site is protected
under trademark, service mark, trade dress, copyright, patent, trade secret and other
intellectual property laws. In addition, the entire Content of this Site is a collective
work under U.S. and international copyright laws and treaties, and Cargill owns the
copyright in the selection, coordination, arrangement and enhancement of the Content of this
Site.
We hereby grant You a limited, revocable license to download
and print copies of any portion of the Content on this Site to which You have properly
gained access, but only for Your internal business use or for Your own personal,
non-commercial use, and only if You do not remove, modify or obscure any copyright,
trademark, or other proprietary notices from the Content You download. The foregoing license
is subject to these Terms of Use and does not include the right to use any data mining,
robots or similar data gathering or extraction methods. This license is revocable at any
time without notice and with or without cause. You may not and You may not permit others to
copy, distribute, perform or display publicly, prepare derivative works based on, broadcast,
exploit or use any part of the Content on this Site except as expressly provided in these
Terms of Use without our prior written permission. Nothing in these Terms of Use shall be
construed a s transferring any right, title or interest in this Site or its Content to You
or anyone else, except the limited license to use this Site and its Content on the terms
expressly set forth herein.
Third-Party content
Some of the information, articles and other materials available
through this Site are provided to Cargill by third parties. Wherever practical, in our
opinion, the source of these third-party materials is identified. These third-party
materials are provided for Your interest and convenience only. Cargill does not endorse
these materials or the vendors who supply them to us, nor does Cargill warrant or represent
that these materials are current, accurate, complete or reliable.
Trademarks
The trademarks and service marks used or displayed on this Site
("Trademarks") are registered and unregistered trademarks of members of Cargill, its
affiliates, or third parties. You may not use any Trademarks displayed on this Site without
the prior express written permission of Cargill or the trademark owner.
Links to third-party Web sites
This Site may contain links to other web sites owned by third
parties (such as, advertisers, affiliate partners, strategic partners, or others). We are
not responsible for examining or evaluating, and we do not warrant the products or offerings
of, any of these businesses or individuals, or the accuracy of the content of their Web
sites. We do not assume any responsibility or liability for the actions, product, and
content of any such Web sites. Before You use any third party Web site, You should review
the applicable terms of use and policies for such Web sites. The inclusion of a link in this
Site does not imply our endorsement of such third party Web site. If You decide to access
any such linked Web sites, You do so at Your own risk.
Links to other Cargill Web sites
This Site may contain links to other web sites owned by Cargill
or our affiliates. Different Web sites are used for different purposes and therefore may
have different terms of use and privacy policies. These Terms of Use (and the Online Privacy
Policy referenced above) apply only to this Site. Before You use any other Web site, You
should review the applicable terms of use and policies for that Web site.
Disclaimer of warranties
Your use of THIS SITE and all of the content, products and
services made available through THIS SITE, is at your sole risk. THIS SITE, and all of the
content, products and services made available THROUGH THIS SITE, 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 THIS SITE; the content, products and services made available
through THIS SITE; your use of THIS SITE; or any Web sites to which THIS SITE 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 represen tations 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 this site or our systems; (d) that the content is
accurate, complete, current, relevant or reliable; or (e) that your use of THIS SITE 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.
Limitation 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 USE OF OR INABILITY TO USE THIS SITE OR
IN CONNECTION WITH THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE.
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 THIS SITE 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; 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.
Modification and discontinuation
We reserve the right to discontinue or modify this Site at any
time without prior notice.
Interpretation
As used in these Terms of Use, the term “including” means
“including, but not limited to.”
Waiver
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, jurisdiction and venue
These Terms of Use shall be governed under the laws of the
State of Minnesota without regard to its conflicts of law provisions. All actions or
proceedings arising out of or relating to these Terms of Use shall be venued 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 such purposes.
Entire agreement
These Terms of Use, as supplemented or amended by any
applicable Privacy Notices or click-through agreement, contain the entire understanding and
agreement between You and us with respect to this Site and supersede all previous
communications, negotiations and agreements, whether oral, written, or electronic between
You and us with respect thereto.
Questions about these Terms of Use
If You have any questions regarding these Terms of Use, please
- Submit your query via our Contact Us form
- Write to us at:
- Web Terms of Use Inquiries
- Cargill Corporate Affairs #50
- Cargill, Inc.
- PO Box 9300
- Minneapolis, MN 55440-9300