Protection AG (“Syngenta”) provides the www.TraitAbility.com web site (the “Site”) to supply general
information about Syngenta’s e-licensing products. You may use this site
subject to your compliance with these terms and conditions.
acceptance of these terms and conditions
Please take a few minutes to carefully
review these terms and conditions. By accessing and using this Site you agree
to follow and be bound by these terms and conditions. If you do not agree to
follow and be bound by these terms and conditions, you may not access, use or
download materials from this Site.
terms and conditions may change
Syngenta reserves the right to update or
modify these terms and conditions at any time without prior notice. Syngenta
will do so by posting an updated or modified version of these terms and
conditions on this Site. Your use of this Site following any such change
constitutes your agreement to follow and be bound by the revised terms and
conditions. For this reason, we encourage you to review these terms and
conditions every time you use this Site.
Syngenta is committed to respecting the
personal privacy of the individuals who use this Site. The privacy statement
posted on this site describes Syngenta’s current policies and practices with
regard to the personal information collected by Syngenta through this Site.
The privacy statement is part of these terms
and conditions. When you agree to be bound by these terms and conditions, you
are consenting to the collection, use and disclosure of your personal information
in accordance with the privacy statement on this Site. Please take a few
minutes to review this.
You or your company must notify Syngenta
promptly if any of the information that you provided as part of any
registration process (the "user information") changes, or if you or
your company becomes aware that any of the user information is inaccurate or
Notwithstanding your or your company's
obligation to provide Syngenta with updated user information, Syngenta has the
right to rely on the user information that you or your company previously
provided until such time as you or your company has provided Syngenta with
updated user information. You and your company further agree that Syngenta may
provide notices related to these terms and conditions or to this Site by e-mail
using the latest e-mail address you or your company has supplied to Syngenta.
If you cease to be an employee or authorized
agent of your company, or cease to be authorized by your company to use this
Site, then your company must promptly notify Syngenta, and you are no longer
authorized to use this Site.
As between you and your company and
Syngenta, Syngenta shall have sole and exclusive ownership of all right, title,
and interest in and to this Site, including, without limitation, the design,
features, functionality, navigation, content, and "look and feel" of
this Site, and all data collected through this Site, including, without
limitation, all intellectual property rights associated therewith, such as all
copyrights, patents, trademarks, trade secrets, and know-how.
Right to change Site
Syngenta reserves the right to alter the
content and functionality of this Site in any way, or to limit access to this
Site, or to shut down this Site, at any time, for any reason, without prior notice,
and will not be liable in any way to you or your company for possible
consequences of such changes or shut down.
Copyright notice and limited license
Everything you see and hear on this Site
(the “Content”), including, for example, all of the text, photographs,
illustrations, graphics, audio clips, video clips, and audio-video clips, is
You are granted a non-exclusive license to
the Content subject, however, to the following limitations:
You may download, store, print, copy and
share Content from this Site, provided you:
(1) only use the Content for noncommercial
use or to further your business dealings with Syngenta;
(2) only publish or post any part of the
Content on any other internet site or in any other media in a similar context
to that in which it is presented on this Site;
(3) attribute the Content to Syngenta;
(4) do not modify or alter the Content in
any way or delete or modify any copyright or trademark notices or notices of
Except as expressly stated above, you may
not copy, download, print, publish, display, perform, distribute, transmit,
transfer, translate, modify, add to, update, compile, abridge or in any other
way transform or adapt all or any part of the Content of this Site without
first obtaining written permission from Syngenta.
Except as expressly stated above, no right,
title or interest in the downloaded Content is transferred to you when you
download content from this Site. Except for the limited, non-exclusive license
expressly granted above, nothing contained in these terms and conditions and on
this Site shall be construed as conferring a license or any other right under
any copyright, trademark, patent, or other intellectual property right of
Syngenta or any third party.
All of the trademarks, service marks and
logos displayed on this Site (the “Trademark(s)”) are registered and
unregistered trademarks of Syngenta, one of its affiliates, or third parties
who have licensed their trademarks to Syngenta or one of its affiliates.
Except as expressly stated in these terms
and conditions, you may not reproduce, display or otherwise use any Trademark
without first obtaining Syngenta's written permission.
Syngenta welcomes your comments and feedback
regarding this Site. All information and materials submitted to Syngenta
through this Site, such as any comments, feedback, ideas, questions, designs,
data or the like, will be considered non-confidential and non-proprietary. For
this reason, we ask that you not send us any information or materials that you
do not wish to assign to us, including, without limitation, any confidential
information and any original creative materials.
By submitting communications and/or
materials to Syngenta through this Site, you assign to Syngenta, free of
charge, all worldwide rights, title and interest in all copyrights and other
intellectual property rights in the information and/or materials you submit to
Syngenta. Syngenta will be entitled to use any information and/or materials you
submit through this Site, and any ideas, concepts, know-how or techniques
contained in any such information and/or materials, for any purpose whatsoever,
included but not limited to developing, manufacturing and marketing products
using such information or materials without restriction and without
compensating you in any way.
However, Syngenta will not use any
information or materials you submit through this Site in a way that violates
applicable privacy laws. In particular, Syngenta will not release your name or
otherwise publicize the fact that you submitted information or materials to us
unless: (a) we obtain your permission to use your name; or (b) we first notify
you that the materials or other information you submit to a particular part of
this Site will be published or otherwise used with your name on it; or (c) we
are required to do so by law.
You are responsible for the communications
you submit through this Site, including, without limitation, their truthfulness
Please note that your submissions (e.g. via
our contact form) do not have any legally binding effect on Syngenta.
Therefore, invoices, reminders and the like must be exclusively sent to the
addresses set forth in the respective contract.
Some of the information, articles and other
materials available through this Site are provided to Syngenta by
third-parties. Wherever practical the source of these third-party materials is
identified. These third-party materials are provided for your interest and
convenience only. Syngenta does not warrant or represent that these materials
are current, accurate, complete or reliable. Syngenta accepts no responsibility
for any use to which third party information is put.
Links to other Syngenta websites
This Site contains hyperlinks to other
websites operated by Syngenta or other Syngenta entities ("Other Syngenta
Website(s)"). These Other Syngenta Websites are separate and distinct
websites. Each serves a different purpose. Each Other Syngenta Website is
you access Other Syngenta Websites through links on this Site, please take a
Other Syngenta Website you visit.
Links to other web sites
This Site might contain hyperlinks to web
sites that are not operated by Syngenta. These hyperlinks are provided for your
reference and convenience only, and do not imply any endorsement of the
material on these third-party web sites or any association with their
operators. Syngenta does not control these web sites and is not responsible for
their contents. You access and use these web sites solely at your own risk.
Because different countries around the world
have different laws and regulatory requirements, some products are available in
some countries and not in others. This Site may contain references or cross
references to Syngenta products, programs and services that may not be
available or announced in your country. These references do not imply that
Syngenta intends to announce such products, programs or services in your
country. Consult your local Syngenta sales representative or contact Syngenta
if you have questions about which products, programs and services may be
available to you.
The “contact us” feature of some Syngenta
websites allows you the opportunity to send related questions to our experts
online. This feature is provided for your interest and convenience. The
usefulness of our response to your question depends on the completeness and the
accuracy of the information on which it is based and other factors beyond our
control, such as weather. You and your company are solely responsible for
evaluating the value and usefulness of our response.
Some Syngenta websites will post
representative questions and answers that we believe may be of interest to
other registered users. Please do not include any confidential, proprietary or
personally identifiable information in your question. We reserve the right to
edit questions for clarity or length. Please review the section of these terms
and conditions regarding submissions before sending us any information.
Not an offer or invitation to invest
The information on this Site does not
constitute and shall not be deemed as an offer or invitation to invest or
otherwise deal in shares or other securities of Syngenta. Nor is any such offer
or invitation being made or solicited. Share prices, and income from those
shares, may go up or down at any time, and potential investors should be aware
that past performance is not necessarily an indication of future performance.
Potential investors should seek independent financial advice prior to any
Our Site may contain forward-looking
statements - e.g. statements not of historical fact, including statements about
our beliefs and expectations. These statements, which can be identified by
terms such as, but not limited to, ‘expect’, 'would', 'will', 'potential',
'plans', 'prospects', 'estimated', 'aiming', 'on track' and similar expressions
are based on current plans, estimates and projections, with regard to which
Syngenta shall in no way be liable and on which you and your company should not
place undue reliance. These statements involve inherent risks and
uncertainties, many of which are outside of Syngenta's control. Forward looking
statements speak only as of the date they are made and Syngenta undertakes no
obligation to update any of them in light of new information or future events.
Disclaimer of warranties
This Site is provided on an "as
is," "as available" basis, without representations or warranties
of any kind. To the fullest extent permitted under applicable law, the Syngenta
entities and their respective service providers and licensors disclaim all
warranties, express, implied, statutory or otherwise. Without limiting the
foregoing, to the fullest extent permitted by law, the Syngenta entities and
their respective service providers and licensors hereby disclaim (a) all
warranties of merchantability, fitness for a particular purpose, title and
non-infringement with respect to this Site and its content and any products or
services described on or made available through this Site; (b) warranties
relating to delays, interruptions, errors, or omissions in the operation of
this Site or any part of this Site; (c) warranties relating to the transmission
or delivery of this Site or its availability at any particular time or
location; (d) warranties relating to the security of this Site or that the
Content of this Site is free of viruses, worms or other code that may manifest
contaminating or destructive properties; (e) warranties relating to the use,
validity, accuracy, currency, completeness, suitability, reliability, or the
results of the use of this Site, including any Content, including product
labels, products or services made available through this Site; and (f)
warranties relating to websites to which this Site is linked.
Certain jurisdictions do not allow
disclaimers of certain warranties or limitations on how long an implied
warranty lasts, so one or all of the foregoing limitations may not apply to you
and/or your company.
Limitation of liability
Your and your company's use of this Site,
its Content, and any products or services made available through this Site is
at your and your company's sole risk. Under no circumstances shall the Syngenta
entities or their respective service providers and licensors, including their
respective directors, officers, employees, or agents, be liable for any losses
or damages arising out of or in connection with your or your company's access
of, use of, or inability to use, this Site, its content, including product
labels, or any products or services made available through this site or your or
your company's reliance on any information provided through this site. Without
limiting the foregoing, the Syngenta entities and their respective service
providers and licensors shall not be liable in any way for possible errors or
omissions in the content; this applies in particular to any information about
products and services supplied by the Syngenta entities. This is a
comprehensive limitation of liability that applies to all losses and damages of
any kind whatsoever, whether direct or indirect, general, special, incidental,
consequential, exemplary or otherwise, including without limitation,
interruption of business, loss of or damage to data or goodwill, and loss of
revenue or profits.
This limitation of liability shall apply to
the fullest extent permitted by applicable law, whether the alleged liability
is based on contract, negligence, tort, strict liability or any other basis and
even if an authorized representative of any of the Syngenta entities has been
advised of or should have known of the possibility of such damages, and without
regard to the effectiveness of other remedies.
You and your company acknowledge and agree
that Syngenta could not make this Site and its Content available to you and
your company at no charge if their liability were not limited as set forth
If any of these limitations of liability is
found to be invalid or unenforceable for any reason, then the aggregate
liability of the Syngenta entities and their respective service providers and
licensors under such circumstances for liabilities that otherwise would have
been limited shall not exceed one hundred ($100.00) dollars (or the local
Certain jurisdictions do not allow the
limitation of certain damages, so some or all of this limitation of liability
may not apply to you and/or your company and you and/or your company may have
Governing law and jurisdiction
These terms and conditions shall be governed
by, are subject to, and construed in accordance with, the laws of Switzerland
without regard to conflict of law principles.
Our failure at any time to require
performance of any provision of these terms and conditions 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 and signed by the party to be bound.
Unless the written waiver contains an express statement to the contrary, no
waiver by Syngenta of any breach of any provision of these terms and conditions
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 and conditions.
If any provision of these terms and
conditions 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 and conditions shall remain in full
force and effect.
These terms and conditions constitute the
entire agreement between you and your company and Syngenta with respect to your
and your company's access to and/or use of this Site. These terms and
conditions shall not be amended except as expressly set forth herein.
These terms and conditions were last
modified on August 31, 2016.