Terms

Editorial information

Website: www.us.timacagro.com
Owner: TIMAC AGRO USA
Address of the owner: 153 Angstadt Lane, PO BOX 888, Reading, PA 19607
Owner’s home phone number: 610-375-7272
Publication Manager: TIMAC AGRO USA –  contact@timacusa.com
Webmaster: TIMAC AGRO International –  contact@timacagro.com
Site creator: Agence Digitale R2

Contact Us

To help you in your exchanges and find the right partner:

• General questions, requests for information or additional information: TIMAC AGRO USA  – contact@timacusa.com
• Website functioning, technical difficulties, display or download problem, remarks and suggestions: Timac Agro International – contact@timacusa.com

Hosting provider

CFPR
SAS with capital of € 12 181 467
RCS Saint-Malo – SIREN 313642548
VAT number: FR 11 313 642 548
Registered office: 27 avenue Franklin Roosevelt – 35400 Saint-Malo – France

General conditions of use of the site and the services offered

The TIMAC AGRO USA website (the “Site”) is a service of TIMAC AGRO USA (“TIMAC AGRO” or “we”). These Conditions of Use, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, “Conditions”), set forth the terms and conditions under which you may use and access the Site. BY ACCESSING THE SITE, YOU AGREE TO THESE CONDITIONS. IF YOU DO NOT AGREE TO THESE CONDITIONS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SITE. These conditions of use may be modified or supplemented at any time, users of the site www.us.timacagro.com are invited to consult them regularly.

The website www.us.timacagro.com is regularly updated by Alexandre GOULLIER. For further clarity, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services. In the same way, the terms and conditions can be modified at any time: they impose nevertheless on the user who is invited to refer to it as often as possible in order to take note of it. If you object to any of these Conditions or any subsequent changes, you may not make use of the Site.

Use of Site and Content

Use of Site

You may access and use the Site solely for your personal use in accordance with these Conditions. You agree not to access or use the Site in any manner that is prohibited by these Conditions or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/ or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

Use of Content

You are granted a limited, revocable license under copyright to make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like, collectively “Content”) for your personal, non-commercial use only.

Restrictions

Except as expressly permitted in Section “Use of Site” and “Use of content” above, you agree not to, without first obtaining our express written permission, (a) distribute (including via e-mail), or otherwise make available, copies of any Content to anyone, (b) republish the Content on the Internet or any intranet or extranet site or incorporate the Content in any database, file, compilation, or archive, (c) reproduce, adapt, distribute, perform or display any Content, in each instance except to the extent required for the limited purpose of viewing material on the Site, (d) alter or remove any trademark, copyright or any other notice contained in any Content, (e) archive or retain any Content in any form, (f) use Content for any commercial purposes, (g) use any of our trademarks as metatags on other web sites, (h) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (i) display any part of the Site in frames (or any Content via in-line links). You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Content in any way that affects the user’s experience. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data or price gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with instructions directed to search engines and available on the Site.

Product Information and Attributes

We have made every effort to display as accurately as possible the attributes of our products that appear on the Site. However, as the actual colors and visual depictions you see will depend on your monitor, your Internet connection and other facts beyond our control, we cannot guarantee that your monitor’s display of any exact product attributes will be accurate.

Registration

Certain areas of the Site may require registration. If you register or provide information to us in any manner, including without limitation Online Submissions (as defined below), you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site by the party using your account.

Limitations of responsibilities

TIMAC AGRO USA can not be held liable for direct or indirect damage to the user’s equipment when accessing the www.us.timacagro.com site, resulting from the use of unsuitable or defective equipment, either the appearance of a bug or an incompatibility.

TIMAC AGRO USA can not be held liable for consequential damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site www.us.timacagro.com.

Indemnification

You agree to indemnify and hold harmless TIMAC AGRO USA and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site, (b) any breach of any of these Conditions by you or any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Conditions by you or any user of your account.

No Warranties

The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current. We are not responsible for typographical or other errors, inaccuracies or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time. In addition, we make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

Unsolicited Idea Submission Policy

Please do not send unsolicited ideas to the Site, including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither TIMAC AGRO USA nor any of its employees accept or consider unsolicited ideas.

This policy is intended to avoid misunderstandings or disputes when TIMAC AGRO USA’s products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to the Site.

If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of TIMAC AGRO USA, without compensation to you, and you hereby assign and agree to assign to TIMAC AGRO USA all rights in and to such, and (2) you agree that Timac Agro USA can use the ideas for any purpose and in any way —even give them to others.

TIMAC AGRO USA does, however, welcome your feedback regarding many areas of our existing business.

If you want to send us your feedback —and we hope you do—just use our Contact Us page. Please provide only specific feedback on our existing products or marketing strategies (in other words, do not include any unsolicited ideas that our policy will not permit us to accept or consider).

Protection and processing of personal data

The team of the site www.us.timacagro.com is particularly attentive to the respect of the legal obligations of any publisher of website and follows the recommendations of the national commission of computing and liberties (CNIL).

Intellectual Property

TIMAC AGRO USA’s Intellectual Property

All Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) TIMAC AGRO USA, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided in these Conditions. Except as otherwise expressly provided in these Conditions, all rights in and to the Content are expressly reserved by TIMAC AGRO USA.

Copyright Infringement

TIMAC AGRO USA does not permit copyright infringing activities on this Website. TIMAC AGRO USA may remove any content of any kind that a user posts to this Web Site (“User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. TIMAC AGRO USA may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User

Communications on this Web site by third parties infringes upon your copyrights, you may notify TIMAC AGRO USA by providing the following information in writing:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

(2) Identification of the location where the original or an authorized copy of the copyrighted work exists;

(3) Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit TIMAC AGRO USA to locate the same;

(4) Information reasonably sufficient to permit TIMAC AGRO USA to contact you, such as an address, telephone number, and, if available, an email address;

(5) A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed. Our agent for notice of claims of copyright infringement can be reached at the following address: contact@timacusa.com

If you fail to comply with all of the requirements above, your notice may not be valid.

Linking and Third-Party Dealings

Links to External Sites

We may provide hyperlinks to other web sites and Internet resources operated by parties other than TIMAC AGRO USA. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.

Third-Party Dealings

Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party.

Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Request to create links

Creating links to the site www.us.timacagro.com 

The Site authorizes, without prior authorization, the establishment of hypertext links pointing to its pages, subject to:

• do not use the deep link technique, that is to say that the pages of the site www.us.timacagro.com must not be nested inside the pages of another site, but visible by the opening of an independent window.
• mention the source that will point through a hypertext link directly to the targeted content.

Sites that choose to point to www.timacagro.com are liable if they undermine the image of the public site.

Miscellaneous

These Conditions including, without limitation, and any other terms and conditions that may appear on the Site from time -to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of TIMAC AGRO USA to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these Conditions by sending an e-mail to your last known e-mail address, which you agree to provide to us automatically when it changes from the one you used to first access the Site, and any such notice shall be deemed given and received on the day it is sent. Providing an email address constitutes your having opted-in to receive email communications from us in terms of compliance with the United States CAN-SPAM Act. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Revision date

These terms and conditions were last modified on August 5, 2021.