Bayer Terms & Conditions of Use
Welcome. This Site has been developed and is administered by Bayer CropScience Inc. and its affiliated Canadian entities including Monsanto Canada ULC and offers information, products, services, Content (defined below) and various other functionality to Visitors.
Your use of this Site is subject to these Terms & Conditions of Use (hereinafter Terms) and to the licenses and permissions herein contained. These Terms form a contract with you. A link to these Terms is posted prominently on the home page of this Site and will be continually available for your review.
YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
Bayer may revise these Terms at any time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.
To the extent any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from this agreement and the remainder of this agreement shall be remain in force and effect. The failure of Bayer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Site from countries, if any, in which its Content is illegal is strictly prohibited and would be a violation of these Terms. If you choose to access this Site from such locations, do so at your own initiative and risk. You are responsible for compliance with applicable local laws.
Product information contained on this Site is intended for use in Canada. Persons intending to use a Bayer product described in this Site in Canada must follow Canadian product label directions and comply with all applicable Canadian laws and regulations relating to the product. Before using any product, read and carefully observe the label directions. Advice given on this Site does not exempt you from conducting your own checks on our latest advice – particularly our material safety datasheets and technical specifications – and on our products, with a view to their suitability for the intended processes and purposes. Should you require any advice or instructions concerning our products or services, please contact us directly.
Following are some definitions that explain some of the terminology used in these Terms.
- The words "you" and "your" refer to corporations or other business entities, and their agents, and to individuals using this Site for personal business, respectively and as applicable.
- "Bayer" refers to Bayer CropScience Inc. and to each of its parent, subsidiary and affiliate companies.
- "We," "our" and other first person pronouns refer to Bayer.
- "Site" means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by Bayer.
Compliance with Local Law
This Site is developed and administered by Bayer. It is exclusively intended for use in Canada. Bayer does not guarantee that the information presented on this Site is also correct in places outside Canada, and, in particular, that products and services will be available with the same appearance, in the same sizes, packaging, lettering, markings or on the same conditions. Should you call up this Site from a place outside Canada 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.
The trademarks, trade names, trade dress, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Bayer and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Bayer or any third party that may own the Trademarks. Except as expressly indicated on the Site, the name of Bayer or the Bayer logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Bayer.
Your Use of Copyrighted Material on this Site
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. The copyright in the arrangement of and or components of all material provided on this Site by Bayer, including, without limitation, all Site Content is held by Bayer or by the original creator of the material. Bayer grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. In addition, Bayer grants you a limited, non-exclusive and non-transferable license to copy and use Material Safety Data Sheets and product labels that may be furnished on the Site, only for stewarding the authorized and legal use of applicable Bayer products in Canada. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming the Site, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Bayer or the copyright owner. These licenses terminate automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. Bayer reserves all other rights not expressly granted by this License.
Confidential or Proprietary Information
Bayer strives to provide the public broad access to information about its products and services. In doing so, it is not Bayer's intention to waive any intellectual property rights, including, without limitation, trade secrets, Bayer may have in information on this Site under applicable laws. Bayer has policies and procedures in place that are designed to prevent the disclosure on this website of information that Bayer considers confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Bayer, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Bayer, you agree to destroy any copies of the information, in any form, in your possession.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password or to use an assigned User Name and Password in order to access features of this Site, then:
- you agree to use the Site solely for legitimate purposes;
- 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;
- you agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security. (Send your notice to us via the Contact Us section of this Site);
- you agree not to share your User Name or Password with any other person;
- you agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.
Bayer reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on the Site that can be linked or traced back to your User Name or Password.
If this Site permits you to place orders or otherwise effect transactions with Bayer, additional terms and conditions may be applicable to our third party service providers with whom we partner to facilitate such transactions. Such third parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business and complete the transactions. In such circumstances, please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Canada, the United States of America and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Bayer, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.
By entering into a transaction with Bayer through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
Acceptable Uses of the Site
You are specifically prohibited from using our Site or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or provincial/state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or any of Bayer’s affiliates’ web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Site for violating any of the prohibited uses.
To the extent that this Site collects Personal Information about you, our use of that information is subject to Bayer's Privacy Statement, which can be read at https://www.cropscience.bayer.ca/Privacy-Statement
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to Bayer's Site:
- may link to, but not replicate, Content on this Site;
- may not create a browser or border environment around Content on this Site;
- may not imply that Bayer is endorsing it or its products;
- may not misrepresent its relationship with Bayer;
- may not present false information about Bayer's products or services;
- may not use Bayer's Trademarks without express written permission; and
- may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups.
Bayer does not control and is not responsible for the Content of any third party (non-Bayer) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Bayer is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bayer of the Site.
Disclaimer of Warranties
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”. BAYER MAKES NO WARRANTY OT REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND BAYER MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO BAYER EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: BAYER DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
BAYER RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON OR NO REASON, WITHOUT PRIOR NOTIFICATION, AND BAYER WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, BAYER DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, BAYER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF BAYER.
USE OF "COOKIES" AND TRACKING TECHNOLOGY. BAYER AND ITS SERVICE PROVIDERS USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES AND OTHER TRACKING TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, ETC. (“WEB TRACKING TECHNOLOGY”), TO ENABLE BAYER TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. BAYER MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. BY USING THE SITE, YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITE OR BY BAYER THIRD-PARTY SERVICE PROVIDERS BY CONTINUING USE OF THE SITE.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels that may be displayed on this Site. For such products, the warranty, if any, set forth on such label or other expressly intended written warranty documentation controls Bayer's liability for such product.
Limitation of Bayer's Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT BAYER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF BAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME PROVINCE, STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnification Obligation
You agree to defend, indemnify and hold harmless Bayer, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including lawyers' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or Content on the Site.
Disclaimer for Forward-Looking Statements
Certain statements contained on this Site are "forward-looking statements," such as statements concerning Bayer’s anticipated financial results, current and future product performance, regulatory approvals, business and financial plans and other non-historical facts. These statements are based on current expectations and currently available information. However, since these statements are based on factors that involve risks and uncertainties, Bayer’s actual performance and results may differ materially from those described or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, among others: competition; contingencies related to intellectual property protection, regulatory matters, and public acceptance of biotechnology products; research and development success; litigation; developments related to foreign operations; acquisitions; commodity prices; regulations affecting manufacturing; inventory levels; Bayer’s ability to obtain financing and payment for the products that it sells; weather, natural disasters and accidents; and other risks and factors detailed in Bayer’s most recent periodic filing with the applicable securities exchange commissions. Undue reliance should not be placed on these forward-looking statements, which are current only as of the date of their posting to this Site. Bayer disclaims any current intention or obligation to update any forward-looking statements or any of the factors that may affect actual results.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than Bayer appears on this Site, Bayer does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
When Visitors May Post to a Bayer Site
If this Site permits you to post or upload comments or any other Content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, Content, text, data, messages or other materials, whether posted to the Site or privately transmitted (“Material(s)”) are the responsibility of the person from which the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.
Bayer does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. Bayer will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.
While Bayer does not and cannot review every communication, information or Materials posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages or Materials, Bayer reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Content that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree that you will not use Material to:
- upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening or otherwise objectionable material;
- upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another;
- harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
- transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- post Material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
- intentionally or unintentionally violate any applicable local, provincial, state, federal, national or international law;
- transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Materials or any other form of solicitation; and
- distribute or otherwise publish any Material containing any solicitation of funds, advertising or solicitation for goods or services.
You acknowledge and agree that Bayer may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of Bayer, its customers and/or Visitors of the Site.
Bayer's Rights in Materials Submitted to the Site
Unless otherwise specified by you, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant Bayer and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their province or state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.
Procedure for Making Claims of Copyright Infringement
Pursuant to sections 41.25 and 41.26 of the Canadian Copyright Act notifications of claimed copyright infringement should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Bayer respects the intellectual property of others, and we ask our Visitors to do the same. Bayer will process and investigate notices of alleged infringement and will take appropriate actions under the Notice and Notice Regime and other applicable intellectual property laws. Upon receipt of notices complying with the Notice and Notice Regime, Bayer will act to forward the notice electronically to whom the electronic location identified in the notice belongs and inform you of its forwarding or, if applicable, the reason why it was not possible to forward it. Bayer will also retain records that will allow the identification of the person to whom the electronic location belongs and do so for six months once the notice has been received.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Bayer the following information. Please be advised that to be effective, notification must be in writing and include ALL of the following:
- Your name and address, and any other particulars that enable Bayer to contact you;
- What infringement has been alleged;
- A description of the copyrighted work that you claim has been infringed;
- Your interest or right with respect to the copyright in the work;
- The electronic address, date and time of the alleged activity;
Notices of claimed copyright infringement are to be directed to:
Bayer Law Patents & Compliance
Attention: Head of Law
130, 200 Quarry Park Boulevard SE
Calgary, Alberta, T2T 5T6
By email: AskUs@bayercropscience.ca
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT BAYER AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, LAWYERS’ FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. BAYER RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR SITE.
Bayer may terminate these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Site, if, in Bayer's sole discretion, you fail to comply with any term or condition of the Terms.
Choice of Law and Forum
These Terms will be governed and construed in accordance with the laws of the Province of Alberta, Canada and the applicable federal laws of Canada, without regard to conflicts of law rules. For all disputes arising out of or relating to our Site or Terms, you submit to exclusive personal jurisdiction and venue of the provincial and federal courts located in Calgary, Alberta.
Notice and Consent to Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
No other Agreements
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these Terms constitute the entire agreement between you and Bayer related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. These Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms
These Terms were last revised on May 28, 2019 and govern your access of this Site from this date forward until a later revision is posted.