Effective February 2019
As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Services and Site Content, and to enable users to enjoy and easily navigate the Site.
Personal Identifiable Information
This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information may include, but is not limited to, your name, website and email address. We use your Personal Information mainly to provide the Services and administer your inquiries. We will create your Account for your use of the Site and Services based upon the Personal Information you provide and you will become a customer of Trécé.
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site and Services are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor our Site to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Usernames, Passwords and Security
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 thew use of your password was authorized by you or your company. You or your company must notify Trécé immediately of any known or suspected unauthorized use of your username and password or any other breach of security.
Updating User Information
You and your company agree that Trécé 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 Trécé.
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 Trécé, and you are no longer authorized to use this Site.
As between you and your company and Trécé, Trécé 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
Trécé 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 temporarily or permanently, 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.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add-on.
Identity theft and the practice currently known as “phishing” are of great concern to Trécé. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.
Information Sharing and Disclosure
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers. We may employ third-party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. Trécé cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Trécé or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Trécé may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Sites
Our Site may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third-party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Toward Children
This Site is not directed to children under 13. We do not knowingly collect Personal Identifiable Information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [email protected]. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Terms and Conditions
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 copyrighted.
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:
- only use the Content for noncommercial use or to further your business dealings
- 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;
- attribute the Content to Trécé;
- do not 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, 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 Trécé.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge, frame, inline, link or deep-link with regard to any other publicly available site or in any other way transform or adapt all or any part of the Content of this Site without first obtaining written permission from Trécé.
All of the trademarks, service marks and logos displayed on this Site (the “Trademark(s)”) are registered and unregistered trademarks of Trécé, one of its affiliates, or third parties who have licensed their trademarks to Trécé 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 Trécé’s written permission.
Trécé welcomes your comments and feedback regarding this Site. All information and materials submitted to Trécé 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 Trécé through this Site, you assign to Trécé, 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 Trécé. Trécé 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, Trécé will not use any information or materials you submit through this Site in a way that may violate applicable privacy laws. In particular, Trécé will not release your name or otherwise publicize the fact that you submitted information or materials to us unless: (a) we obtain your written 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 and accuracy.
Please note that your submissions (e.g., via our contact form) do not have any legally binding effect on Trécé. 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 Trécé 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. Trécé does not warrant or represent that these materials are current, accurate, complete or reliable. Trécé accepts no responsibility for any use to which third-party information is put.
Any information contained or referenced in this Site is solely provided as an introduction to Trécé and its products and services. For specific advice and instructions related to our products and services, please contact Trécé directly. Persons intending to use a crop protection or seed product must read and follow the label accompanying that product and comply with all applicable laws and regulations relating to the use of that product. Before using any crop protection product, be sure that it is registered for use in your country.
Because different countries around the world have different laws and regulatory requirements, some products, programs or services are available in some countries and not in others. This Site may contain references or cross references to Trécé products, programs and services that may not be available or announced in your country. These references do not imply that Trécé intends to announce such products, programs or services in your country. Consult your local Trécé sales representative or contact Trécé if you have questions about which products, programs and services may be available to you.
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 Trécé 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 Trécé 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, including product labels, and any products, programs or services made available through this Site is at your and your company’s sole risk. Under no circumstances shall the Trécé 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, programs 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 Trécé 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, programs and services supplied by the Trécé 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 Trécé 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 Trécé 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 above.
If any of these limitations of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Trécé 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 currency equivalent).
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 additional rights.
You agree to indemnify and hold us and each of our respective successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), resulting from your use of the Site and/or any violation of this Agreement. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Site and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
Neither Party shall be deemed to be in default if prevented from performing for any reason beyond its control, including but not limited to, acts of God, war, civil commotion, fire, flood or casualty, strike, slowdowns or other labor difficulties, shortage of or inability to obtain labor, materials or equipment, governmental regulations or restrictions, or unusually severe weather. In any such case, the Parties agree to negotiate in good faith with the goal of preserving the Sale and the rights and obligations of the Parties hereunder, to the extent reasonably practicable. It is agreed that financial adversity is not a matter beyond a Party’s control for purposes of this clause.
Governing Law and Jurisdiction
These terms and conditions shall be governed by, are subject to, and construed in accordance with, the laws of the State of Oklahoma without regard to conflict of law principles. The courts of Oklahoma shall have exclusive jurisdiction for any claims relating to 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 Trécé 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 February 1, 2019.