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Terms of Use

Last updated October 1, 2013

Welcome to the website for Bunge North America, Inc., including its operating units in Canada, the U.S. and Mexico,and its successors, subsidiaries and other companies that it may have now or in the future operate (collectively, “Bunge,”“we,” “our,” or “us”). Use of the website at www.bungenorthamerica.com, including sub-domains of bungenorthamerica.com and pages within any such website and any equivalent, mirror, replacement, substitute or backup for such website (this “Website”), including use of any information, products or services presented in any area of this Website, is offered to you upon your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”), our Privacy Policy and other notices posted on this Website. These Terms of Use do not apply to websites operated by Bunge’s parents, subsidiaries, affiliates and related companies or other companies under a common control on domains other than bungenorthamerica.com, which may have their own terms of use.

By using this Website or any information, products or services presented in any area of this Website, you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein, and such use indicates your acknowledgment and acceptance of these Terms of Use, our Privacy Policy and other notices posted on this Website. If you are using this Website on behalf of your employer, you represent that you are authorized to do so. When you access, use or browse this Website, you accept, without limitation or qualification, these Terms of Use as if you had signed them. You agree that Bunge may make agreements with you by electronic means and that such agreements have the same legal effect as agreements entered into on paper and are authentic and valid. If you do not agree to these Terms of Use and the terms of our Privacy Policy without modification or qualification, you must exit this Website immediately and discontinue any use of any services from this Website. We suggest you print a copy of each of these documents for your records.

Use of this Website is void where prohibited by applicable law, and the right to access this Website is revoked in such jurisdictions. Users are responsible for compliance with any local laws applicable to their use of this Website.

Modification of these Terms of Use

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this Website. Your continued use of this Website after such modifications, alterations or updates signifies your agreement to be bound by such modifications, alterations or updates in their entirety . For this reason, we encourage you to check this Website from time to time.

Proprietary Rights

The trademark BUNGE and all other trademarks and service marks of Bunge or its licensors, whether registered or unregistered, including but not limited to graphics, logos, “look and feel” and trade dress, are and shall remain the property of Bunge or its licensors, and are protected by United States and international trademark laws, and any use of these trademarks and service marks is prohibited without the prior written consent of Bunge. Other trademarks on this Website are the property of their respective owners. Bunge makes no representations about them, their owners, their products or their services.

All content on this Website, and the compilation thereof, is the property of Bunge (or, in certain cases, other users of this Website or third party content providers) and is protected by United States and international copyright law. The compilation of all the content on this Website is the exclusive property of Bunge and is also protected by United States and foreign intellectual property laws. Information on this Website may be used by you only for your personal use or internal non-commercial use of the business you represent, as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve any rights not expressly granted to you. Unauthorized use of any material on this Website may violate copyright law, trademark law, and other laws of the United States and other jurisdictions.

License and Use Restrictions

Bunge grants you a limited license to download, view, copy and print the materials on this Website for your personal use or internal non-commercial use of the business you represent provided that you do not remove or alter any trademark, service mark or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit or modify any material, or portion thereof, located on this Website, or resell access to this Website, in any form or by any means without the prior written consent of Bunge. Access to and the right to use this Website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of this Website.

We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.

Conduct

You agree to abide by the following rules for use of this Website:

·  You may not use this Website in such a manner as to violate any applicable law. When using this Website, you agree to comply with applicable federal, state and local laws including, without limitation, copyright law.

·  You may not use this Website for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Bunge or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.

·  You may not use any robot, spider or other automated device to monitor or copy the web pages of this Website or any information provided on this Website without the express written permission of Bunge.

User Contributions

By submitting ideas, suggestions, documents and/or proposals (“Contributions”) to Bunge through our suggestion or feedback web pages, via email, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Bunge is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Bunge is hereby granted a non-exclusive, fully paid up, royalty free license to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Contributions, and the right to transfer or sublicense such rights; (d) Bunge may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Bunge in connection with the Contributions under any circumstances.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents (“Indemnified Parties”) harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this Website or breach of these Terms of Use or for any third party claims arising as a result of your use of this Website or reliance upon any information found on this Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.

Disclaimer

WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

THE PERFORMANCE OF THIS WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. BUNGE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW), WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THIS WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED ON THIS WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE THEREON WILL (a) MEET YOUR REQUIREMENTS, OR (b) BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE (OR CORRECTED IN THE EVENT OF DISCOVERY OF ANY ERRORS), OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU (i) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (ii) THAT ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED.

NO INFORMATION OR ADVICE OBTAINED THROUGH THIS WEBSITE, OR ANY OTHER AFFIRMATION OF BUNGE, BY WORDS OR ACTIONS, SHALL CONSTITUTE A WARRANTY.

Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THIS WEBSITE OR THESE TERMS OF USE, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, CONTENT ON THIS WEBSITE, IS TO STOP USING THIS WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THIS WEBSITE OR ANY LINKS ON THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THIS WEBSITE OR ANY LINKS ON THIS WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD PARTY OR CONDUCT OF A THIRD PARTY ON THIS WEBSITE.

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, DOWNLOADING, OR USING ANY MATERIALS FROM THIS WEBSITE.

IN NO EVENT SHALL THE INDEMNIFIED PARTIES’ LIABILITY ARISING IN CONNECTION WITH THIS WEBSITE OR UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Termination of Use

Bunge reserves the right to terminate, change, suspend or discontinue access to all or any part of this Website at any time for any reason without prior notice or liability.

Equitable Relief

You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Bunge shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

Third Party Websites

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You should be aware that such third party websites may collect data or solicit personal information from you. As we do not control such websites, we are not responsible for their privacy policies, or for the collection, use or disclosure of any data or personal information such websites may collect. We encourage you to review the legal and privacy statements of all third party sites.

General

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, U.S.A. without reference to its choice of law rules and provisions that would result in the application of the laws of another jurisdiction. The parties consent to the exclusive jurisdiction and venue of the courts of St. Louis County, Missouri.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this agreement to any party without notice thereof to you.

Need more information?

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We will review your request and, if needed, provide a response within a few business days.