About this Web Site
This Web site (this "Site") is owned and operated by Syngenta Seeds, Inc. It is
password protected and may be accessed only by select customers who have agreed
to be bound by this User Agreement.
You may access this Site through the "Availability and Orders" link on the
Syngenta Horticultural Services Web Site, which is currently located at URL:
http://www.GreenDemon.net, or directly at URL:
The term "Company" means Syngenta Seeds, Inc. The term "Purchaser" refers to
you, individually, if you operate your business as a sole proprietorship, or to
your company, if your business is a corporation, a partnership or some other
legal entity. When a Purchaser submits an order through this Site, the
Purchaser will be identified as the "sold to" on the order.
The term "Merchandise" means all goods sold pursuant to, as a result of, or in
connection with an order placed through this Site.
The terms "you" and "your" refer to you, individually. If the Purchaser is a
sole proprietorship, you and the Purchaser are one and the same. If the
Purchaser is a corporation, a partnership or some other legal entity, you may
use this Site only if you are an authorized agent of the Purchaser.
Who is Bound by This User Agreement
This User Agreement constitutes a legal binding agreement between the Company
and the Purchaser.
When you use this Site on behalf of the Purchaser, you also must comply with
all of these terms and conditions and, as the Purchaser or an agent of the
Purchaser, your actions on this Site will bind the Purchaser.
This User Agreement May Change
The Company 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 User Agreement, the Company reserves the
right to update or modify this User Agreement at any time without prior notice.
The Company will do so by posting an updated or modified version of this User
Agreement on this Site. The Purchaser's use of this Site following any such
change constitutes the Purchaser's agreement to follow and be bound by the
terms and conditions of the revised User Agreement. For this reason, we
encourage Purchasers to review this User Agreement regularly. You may review
this User Agreement at any time by clicking on the button marked Legal Notices
at the bottom of each page of this Site.
Whenever this User Agreement is changed, the Company will alert Purchasers by
posting a notice on the log on page for thirty days.
This User Agreement was last revised on July 18, 2001.
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 the Purchaser). You and the
Purchaser are entirely responsible for maintaining the confidentiality of your
username and password. Furthermore, the Purchaser is 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 were authorized by
the Purchaser. The Purchaser must notify the Company immediately of any known
or suspected unauthorized use of your username and password or any other breach
of security (contact the Company by phone: (800) 323-7253, fax: (630) 969-9456,
or e-mail: firstname.lastname@example.org).
Updating User Information
The Purchaser must notify the Company promptly if any of the information that
the Purchaser provided when the Purchaser applied for a username and password
(the "User Information") changes, or if the Purchaser becomes aware that any of
the User Information is inaccurate or incomplete. To notify the Company of
changes to or mistakes in the User Information, send an e-mail to
Notwithstanding the Purchaser's obligation to provide the Company with updated
User Information, the Company has the right to rely on the User Information the
Purchaser previously provided until such time as the Purchaser has provided the
Company with updated User Information. The Purchaser further agrees that the
Company may provide notices related to this User Agreement or to this Site by
e-mail, using the latest e-mail address the Purchaser has supplied to the
If you cease to be an employee or authorized agent of Purchaser, or cease to be
authorized by Purchaser to use this Site, then Purchaser must promptly notify
the Company, and you are no longer authorized to use this Site.
This Site permits Purchasers to place orders with the Company for seed and
other horticultural products and services. These orders do not create a
contract between the Purchaser and the Company, unless and until they are
accepted by the Company. As a courtesy, the Company may send the Purchaser an
e-mail acknowledging or confirming an order. Neither an order acknowledgement
nor an order confirmation constitute an acceptance of an order or a
confirmation of an offer to sell. Acceptance will be communicated by shipment
of the Merchandise. The Company reserves the right, without prior notification,
to limit the order quantity on any item and/or to refuse service to any
Purchaser. Verification of information may be required prior to the acceptance
of any order.
Terms of Sale
The purchase and sale of any and all Merchandise sold pursuant to, as a result
of, or in connection with an order placed through this Site are subject to the
Company's standard Terms of Sale in effect at the time the order is placed.
Please take a moment to review the Company's standard Terms of Sale. By placing
an order through this Site, the Purchaser is acknowledging and agreeing to be
bound by the Terms of Sale in effect at the time the Purchaser places the
order. No additional or conflicting terms or modifications will be accepted.
Terms of Sale May Change
The Company reserves the right to update or modify the Terms of Sale at any
time without prior notice. The Company will do so by posting an updated or
modified version of the Terms of Sale on this Site. By placing an order through
this Site after the Terms of Sale have been changed, the Purchaser is agreeing
to the change and agreeing to be bound by the Terms of Sale in effect as of the
date the order is submitted.
Each order is a separate sale; each sale is governed by the Terms of Sale in
effect as of the date the order is submitted. For this reason, Purchasers are
encouraged to review the Terms of Sale each time they place an order through
Whenever the Terms of Sale are changed, the Company will alert Purchasers by
posting a notice on the log on page for thirty days.
The Terms of Sale were last revised on February 23, 2001.
Persons intending to use a seed product or any other horticultural 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.
Ownership of this Site
As between you and the Purchaser and the Company, the Company 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, patent rights, trademarks and
Right to Change Site
THE COMPANY 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 THE PURCHASER 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 the Company or by one of its affiliates, or by
third parties who have licensed their materials to the Company. The entire
Content of this Site is copyrighted as a collective work under United States
law and applicable international copyright laws and treaties, and the Company
owns the copyright in the selection, coordination, arrangement and enhancement
of the Content.
The Purchaser may download, store, print, and copy selected portions of the
Content of this Site, provided the Purchaser
(1) only uses the Content to further the Purchaser's business dealings with the
Company and the Company's authorized dealers;
(2) does not post any part of the Content on any other Internet site;
(3) does not publish or broadcast any part of the Content in or on any other
(4) does 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, the Purchaser 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 the Company.
Except as expressly stated above, no right, title or interest in the downloaded
Content is transferred to the Purchaser when the Purchaser downloads Content
from this Site. Except for the limited, non-exclusive license expressly granted
above, nothing contained in this User Agreement or on this Site shall be
construed as conferring a license, be it by implication, estoppel or otherwise,
or any other right under any copyright, trademark, patent, or other
intellectual property right of the Company or any third party.
Trademark Notice All of the trademarks, service marks and logos displayed on
this Site (the "Trademarks") are registered and unregistered trademarks of the
Company, one of its affiliates, or third parties who have licensed their
trademarks to the Company or one of its affiliates.
reproduce, display or otherwise use any trademark without first obtaining the
Company's written permission.
The Company welcomes comments and feedback regarding this Site. All information
and materials submitted to the Company through this Site, such as any comments,
feedback, questions, suggestions, ideas, or data, will be considered
NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that Purchasers
not send us any information or materials that they do not wish to assign to us,
including, without limitation, any confidential information or any original
creative materials such as product ideas, computer code, or original artwork.
By submitting information and/or materials to the Company through this Site,
you, individually, and the Purchaser assign to the Company, free of charge, all
worldwide rights, title and interest in all copyrights, patents and other
intellectual property rights in the information and/or materials. The Company
will be entitled to use, reproduce, disclose, distribute, perform, display,
create derivative works of and reduce to practice any information or materials
submitted through this Site, and any ideas, concepts, know-how or techniques
contained in any such information or materials, for any purpose whatsoever,
including but not limited to, developing, manufacturing and marketing products
using such information or materials, without restriction and without
compensating you or the Purchaser in any way. However, the Company will not use
any information or materials submitted through this Site in a way that violates
applicable privacy laws.
The Purchaser is responsible for the information and other content contained in
any information or materials the Purchaser submits through this Site,
including, without limitation, their truthfulness and accuracy.
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, THE
COMPANY 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, THE COMPANY 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. THE COMPANY 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. AVAILABILITY,
PRICE, PRODUCT AND OTHER INFORMATION PUBLISHED ON THIS SITE MAY BE INCOMPLETE
OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY
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.
Limitation Of Liability
YOUR AND THE PURCHASER'S USE OF THIS SITE IS AT YOUR AND THE PURCHASER'S SOLE
RISK. UNDER NO CIRCUMSTANCES, SHALL THE COMPANY, 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 THE
PURCHASER'S ACCESS OF OR USE OF OR INABILITY TO USE THIS SITE OR YOUR OR THE
PURCHASER'S RELIANCE ON ANY INFORMATION PROVIDED ON 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 THE COMPANY OR ITS
AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
WITHOUT LIMITING THE FOREGOING, THE PURCHASER 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 THE COMPANY.
WITHOUT LIMITING THE FOREGOING, YOU AND THE PURCHASER ACKNOWLEDGE THAT IN
CONNECTION WITH YOUR USE OF THIS SITE, INFORMATION WILL BE TRANSMITTED OVER
LOCAL EXCHANGE, INTERCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH
ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED AND SERVICED BY
THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET
SERVICE PROVIDERS AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL OF THE
COMPANY. ACCORDINGLY, THE COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE
DELAY, FAILURE, INTERRUPTION, INTERCEPTION OR CORRUPTION OF ANY DATA OR OTHER
INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SITE. IF YOUR USE OF
THIS SITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING DATA
OR EQUIPMENT, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME
OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY.
Site Not Intended for Use Outside United States and Canada
The Purchaser acknowledges that this Site is operated by the Company from its
offices within the United States for use in and viewing from the United States
and Canada. The Purchaser acknowledges and agrees that the Company makes no
representation that the Site is appropriate for use in or viewing from other
locations. The Purchaser accesses this Site from other locations at the
Purchaser's own risk.
Governing Law and Jurisdiction
This User Agreement shall be governed by, subject to, and construed in
accordance with the laws of the State of Illinois without regard to conflict of
law principles. Any action relating to this User Agreement shall only be
brought in a court of competent jurisdiction in the State of Illinois, and the
Purchaser consents to the jurisdiction, venue and convenience of such courts.
The forbearance or failure of the Company to enforce any of the terms and
conditions of this User Agreement, or to exercise any right accruing from the
default of the Purchaser, shall not affect or impair the Company's rights
should the default continue; nor shall the forbearance or failure be deemed a
waiver of the Company's rights in case of any subsequent default of the
Every section, term and provision of this User Agreement is severable from the
others. If any provision of this User Agreement is deemed unenforceable, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Entire User Agreement.
This User Agreement constitutes the entire agreement between the Purchaser and
the Company with respect to the Purchaser's access to and/or use of this Site.
Consent to Use of English Language
The parties hereto have requested that this User Agreement and any related
documents be drafted in English. Les parties présentes ont exigé que cette
entente et tous documents s'y rapportant soient rédigés en anglais.