Definitions of “you” and “your company”

If you operate your business as a corporation or a partnership, then the term “your company” refers to the corporation or partnership you identified as your business on the first registration page.  The terms “you” and “your” refer to you, individually.  If you operate your business as a sole proprietorship, you can ignore the references to “your company” in this Agreement.

Who is Bound by This Agreement

If you operate your business as a corporation, you and your company are bound by this Agreement; as an agent of your company, your actions on this Site will bind your company. 

If you operate your business as a sole proprietorship, you, individually, are bound by this Agreement.  In either case, you, individually, consent to the collection, use and disclosure of your personal information in accordance with the Privacy Statement contained in this Agreement.

Use of this Site

You and your company understand and agree that this Site is made available to you and your company only pursuant to this Agreement.  If you operate your business as a corporation or partnership, you may use this Site only as an agent of your company.

Privacy Statement

GreenCastOnline is committed to respecting the personal privacy of the individuals who use this Site.  The Privacy Statement posted on this Site describes GreenCastOnline’s current policies and practices with regard to personal information collected by GreenCastOnline through this Site.

The Privacy Statement is part of this User Agreement.  When you agree to be bound by this Agreement, you are consenting to the collection, use and disclosure of your personal information in accordance with the Privacy Statement contained in this Agreement.

Please take a few minutes to review the Privacy Statement.  You may access the Privacy Statement at any time by clicking on the button marked “Privacy Statement” at the bottom of the Registration and My Profile pages of this site.

This Agreement May Change

GreenCastOnline is continually improving and adding new functionality and features to this Site and improving and adding to its existing services and programs.   Because these ongoing improvements, changes in the law and changes in technology may require changes to this Agreement, GreenCastOnline reserves the right to update or modify this Agreement at any time without prior notice.  GreenCastOnline will do so by posting an updated or modified version of this Agreement on this Site.  Your use of this Site following any such change constitutes your and your company’s agreement to follow and be bound by the terms and conditions of the Agreement as changed.  For this reason, we encourage you to review this Agreement regularly.  You may review this Agreement at any time by clicking on the button marked “Terms and Conditions” at the bottom of each page of this Web Site.  You may review the Privacy Statement, which is part of this Agreement, by clicking on the button marked “Privacy Statement” at the bottom of the Registration and My Profile pages of this site.

This Agreement was last revised on March 28, 2002.

Usernames, Passwords and Security

Your username and password are issued to you personally, and may not be used by anyone else (including other employees or agents of your company).  You and your company are entirely responsible for maintaining the confidentiality of your username and password.  Furthermore, you and your company are entirely responsible for all activities that occur on this Site using your username and password, whether or not the activities or the use of your password was authorized by you or your company.  You or your company must notify GreenCastOnline immediately of any known or suspected unauthorized use of your username and password or any other breach of security (contact GreenCastOnline by phone: (800) 968-8614, fax: (336) 632-7065, or e-mail

Updating User Information

You or your company must notify GreenCastOnline promptly if any of the information that you provided as part of this registration process (the “User Information”) changes, or if you or your company becomes aware that any of the User Information is inaccurate or incomplete.  To notify GreenCastOnline of changes to or mistakes in the User Information, visit the Registration page when you log on to this Site.

Notwithstanding your or your company’s obligation to provide GreenCastOnline with updated User Information, GreenCastOnline 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 GreenCastOnline with updated User Information. You and your company further agree that GreenCastOnline may provide notices related to this Agreement or to this Site by e-mail using the latest e-mail address you or your company has supplied to GreenCastOnline.

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 GreenCastOnline, and you are no longer authorized to use this Site.

As between you and your company and GreenCastOnline, GreenCastOnline 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

GREENCASTONLINE 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 NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY TO YOU OR YOUR COMPANY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Copyright Notice and Limited License

Everything you see or 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 copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by GreenCastOnline or by one of its affiliates, or by third parties who have licensed their materials to GreenCastOnline. The entire Content of this Site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties, and GreenCastOnline owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You (or, if your business is a corporation or partnership, your company) may download, store, print, and copy selected portions of the Content of this Site, provided

1. you (or, if your business is a corporation or partnership, your company) only use the Content you download for your or your company’s internal business use or to further your or your company’s business dealings with GreenCastOnline and Syngenta’s authorized dealers;
    
2. neither you (nor, if your business is a corporation or partnership, your company) publish or post any part of the Content on any other Internet site;
    
3. neither you (nor, if your business is a corporation or partnership, your company) publish or broadcast any part of the Content in or on any other media;
    
4. neither you (nor, if your business is a corporation or partnership, your company) modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

Except as expressly stated above, neither you (nor, if your business is a corporation or partnership, your company) may 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 GreenCastOnline.

Except as expressly stated above, no right, title or interest in the downloaded Content is transferred to you or to your company when you download Content from this Site.

The limited license set forth in this section of the Agreement does not apply to any software that you download from the Site. Your and your company’s use of any software you download from the Site will be subject to the terms and conditions of the software license provided for your review and acceptance at the time you download the software.

Software Available Through Site

GreenCastOnline may provide certain application software free of charge to registered users. If you wish to download software from the Site, you must first review and accept the software license displayed when you begin the downloading process. If you download software from the Site, your and your company’s use of the software will be subject to the terms and conditions of the software license.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site (“the Trademark(s)”) are registered and unregistered trademarks of GreenCastOnline, one of its affiliates, or third parties who have licensed their trademarks to GreenCastOnline or one of its affiliates.

Except as expressly stated in these terms of use, neither you nor your company may reproduce, display or otherwise use any trademark without first obtaining GreenCastOnline’s written permission.

Legal Disclaimer Regarding Syngenta Products

© 2007 Syngenta Crop Protection, Inc., P.O. Box 18300, Greensboro, NC 27419. Important: Always read and follow label instructions before buying or using the products referenced herein.

Syngenta Crop Protection, Inc. warrants that its products conform to the chemical description set forth on the products' labels. NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO SYNGENTA'S PRODUCTS. Syngenta Crop Protection, Inc. neither assumes nor authorizes any representative or other person to assume for it any obligation or liability other than such as is expressly set forth herein. UNDER NO CIRCUMSTANCES SHALL SYNGENTA CROP PROTECTION, INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR HANDLING OF ITS PRODUCTS. No statements or recommendations contained herein are to be construed as inducements to infringe any relevant patent now or hereafter in existence.

Submissions

GreenCastOnline welcomes comments and feedback regarding this Site. All comments, feedback, questions, suggestions, ideas, data, information, designs, and other materials submitted to GreenCastOnline through this Site, whether through a “Contact Us” page, the “Scouting” pages or any other means (collectively, “Comments”) will be considered NON-CONFIDENTIAL and shall be and remain the exclusive property of GreenCastOnline. By submitting Comments to GreenCastOnline through this Site, you and your company assign to GreenCastOnline, free of charge, all worldwide rights, title and interest in all copyrights, patents and other intellectual property rights in the Comments, and you and your company represent, warrant and covenant that you and your company have the right to make such an assignment and that the Comments do not infringe any third-party’s rights. GreenCastOnline will be entitled to use, reproduce, disclose, distribute, perform, display, create derivative works of and reduce to practice any Comments, and any ideas, concepts, know-how or techniques contained in any Comments, for any purpose whatsoever, included but not limited to developing, manufacturing and marketing products using such Comments without restriction and without compensating you or your company in any way. However, GreenCastOnline will not use any Comments submitted through this Site in a way that violates applicable privacy laws.

You and your company are responsible for the information and other content contained in any Comments you submit through this Site, including, without limitation, their truthfulness and accuracy.

Third-Party Information

Some of the information, articles and other materials available through this Site are provided to GreenCastOnline by third-parties. These third-party materials include, without limitation, news, weather information, futures quotations, pest reference and treatment information, label and MSDS information, and government forms. These third-party materials are provided for your and your company’s the interest and convenience only. GreenCastOnline does not endorse these materials or the vendors who supply them to us, nor does GreenCastOnline warrant or represent that these materials are current, accurate, complete or reliable. It is your and your company’s responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You and your company use these materials at your and your company’s own risk and subject to the third-party disclaimers.

Links to Other Sites

This Site contains hyperlinks to sites that are not operated by GreenCastOnline. These hyperlinks are provided for your and your company’s reference and convenience only, and do not imply any endorsement of the material on these third-party sites or any association with their operators. GreenCastOnline does not control these sites and is not responsible for their contents. You and your company access and use these sites solely at your and your company’s own risk.

Limitation of Liability

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL SYNGENTA CP, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, SYNGENTA CP SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE. 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, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF SYNGENTA CP OR ITS AFFILIATES OR CDMS OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME PLACES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Scouting

The Scouting feature of this Site allows specific users the opportunity to send agronomic related commentary to GreenCastOnline.  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. No GreenCastOnline representative has authority to recommend off-label uses of any product.

GreenCastOnline will post scouting reports that we believe may be of interest to other registered users on the GreenCastOnline scouting page. Please do not include any confidential, proprietary or personally identifiable information in your question. Please review our terms and conditions regarding submissions before sending us any information.

Disclaimer Of Warranties

THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, GREENCASTONLINE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GREENCASTONLINE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. GREENCASTONLINE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALTHOUGH GREENCASTONLINE HAS MADE AND WILL CONTINUE TO MAKE GREAT EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, INFORMATION PUBLISHED ON THIS SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. GREENCASTONLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE.

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.

 Limitation Of Liability

 YOUR AND YOUR COMPANY’S USE OF THIS SITE IS AT YOUR AND YOUR COMPANY’S SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL GREENCASTONLINE ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT 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 OR YOUR OR YOUR COMPANY’S RELIANCE ON ANY INFORMATION OR SOFTWARE PROVIDED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, GREENCASTONLINE SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE; THIS APPLIES IN PARTICULAR TO ANY REFERENCES TO PRODUCTS AND SERVICES SUPPLIED BY GREENCASTONLINE. 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, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF GREENCASTONLINE OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

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 YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

GreenCastOnline reserves the right to terminate the licenses granted under this Agreement (and the licenses granted under all other Agreements between GreenCastOnline and you or your company, including, but not limited to the software license to use the GreenCastOnline Application Software) upon e-mail notice to you or your company. Unless mutually agreed in writing by the parties, this Agreement will remain in effect following termination of the licenses.

Security

You and your company acknowledge that the Internet is not a reliable means of communication; GreenCastOnline does not warrant the security of any information transmitted through the Internet. GreenCastOnline uses industry-standard, SSL (Secure Socket Layer) encryption and decryption methodology to protect information while in transit to and from GreenCastOnline servers.

Site Not Intended for Use Outside United States and Canada

You and your company acknowledge that this Site is operated by GreenCastOnline from its offices within the United States for use in and viewing from the United States and Canada. You and your company acknowledge and agree that GreenCastOnline makes no representation that the Site is appropriate for use in or viewing from other locations. You and your company access this Site from other locations at your and your company’s own risk.

Governing Law and Jurisdiction

This Agreement shall be governed by, subject to, and construed in accordance with the laws of the State of North Carolina without regard to conflict of law principles. Any action relating to this Agreement shall only be brought in a court of competent jurisdiction in the State of North Carolina, and you and your company consent to the jurisdiction, venue and convenience of such courts.

Severability

In the event any term or provision of this Agreement or any application thereof shall be deemed to be illegal, void or unenforceable, then the same shall not affect the remaining portions of this Agreement or any other application of the same that are not determined to be illegal, void or unenforceable, which remaining provisions and any other such application shall survive and constitute the agreement of the parties.

Entire Agreement

This Agreement constitutes the entire agreement between you and your company and GreenCastOnline with respect to your and your company’s access to and/or use of this Site.

The parties hereto have requested that this Agreement and any related schedules be drafted in English. Les parties présentes ont exigé que cette entente et tous documents s'y rapportant soient rédigés en anglais.