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Cargill Energy ON-LINE ACCESS AGREEMENT Welcome to www.CargillEnergy.com. By accessing the Cargill Energy website (the "Site"), your access to on-line services on the Site or information provided by Cargill, Incorporated or its affiliates (collectively “Cargill”) shall be exclusively governed by the terms and conditions (the “Terms of Use”) set forth in this On-Line Access Agreement (the "Agreement"). You should read the Terms of Use carefully. By using the Site or indicating your agreement by clicking the “I Accept” button, You agree to be bound by the Terms of Use. This is a legally binding agreement. If You do not agree with the Terms of Use You should not use the Site and must click the “I Decline” button. Cargill reserves the right to modify, enhance or discontinue the Site without notice at any time. Your access to and use of the Site may be terminated at any time for any reason or no reason by You or by us by the sending of notice to the other party. The most current version of the Terms of Use governing your access to and use of the Site may viewed at any time by clicking on the "Legal Info" hot button when visiting the Site. The Terms of Use contain the entire understanding between us with respect to the Site and no representation, statement, inducement whether oral or written, not contained herein shall bind either of us. II. PURPOSE OF CARGILLENERGY.COM CargillEnergy.com is intended to share a variety of timely and useful energy-related information with Cargill's customers and prospective customers, including information such as customized account information; information concerning local and world energy markets; weather; market research, various products and services offered by Cargill; and other topics and information which we believe may be useful to those who visit our Site. As with most internet sites, CargillEnergy.com will not remain static and intends to evolve over time based on Cargill's requirements and the feedback received from You and other users of the Site. III. PRIVACY POLICY Cargill may for marketing purposes collect, process and transmit data obtained from and about You in the course of your accessing the Site. By agreeing to these terms of Use, You agree to such data being so used and further agree that it may be transmitted to others. Information about what data is held about You can be obtained by contacting us. IV. USER IDENTIFICATION CODES AND PASSWORDS Upon registration, You will be provided with a USER ID and Password to access the Site. You are responsible for maintaining the confidentiality of your Password and will be responsible for all activities resulting from its use, including unauthorized use. In the event You lose your User ID or Password or such information becomes available to any party that is not authorized to possess such information, You agree to notify Cargill so that we can disengage access to the Site under the old User ID and Password and issue You a new User ID and Password. V. TRANSACTIONS You may communicate with Cargill via e-Mail at the addresses which You may identify while viewing the Site. Unless otherwise expressly noted, use of e-Mail is for communication purposes only, and no transactions shall be consummated through the use of e-Mail or this Site. To enter into any transactions with Cargill, You should contact your Cargill representative directly . VI. DISCLAIMERS AND LIMITATION OF LIABILITY The information provided to You through the Site is "AS-IS" and without any warranties or assurances of any kind by Cargill. Some of the information which You may view is being provided to Cargill by third parties who have granted Cargill permission to publish on the Site. To the extent possible, Cargill attempts to identify sources of third-party information published on the Site. CARGILL EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND RELATED TO THE INFORMATION CONTAINED ON THIS SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY ADVICE OR RECOMMENDATIONS WHICH MAY BE CONTAINED ON THE SITE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TITLE OR SECURITY. YOU AGREE TO INDEMNIFY AND HOLD CARGILL HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES AND/OR DAMAGES INCURRED BY YOU OR ANY THIRD PARTY THROUGH THE USE OF YOUR USER ID AND PASSWORD IN USING USE THE SITE OR THE RELIANCE UPON ANY INFORMATION OR CONTENT WHICH MAY BE PUBLISHED, FROM TIME TO TIME, ON THE SITE BY CARGILL. NEITHER CARGILL NOR ANY INTERNET SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR ANY CLAIM FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY RESULTING FROM YOUR USE OR RELIANCE OF THE SITE OR ANY INFORMATION WHICH MAY BE PUBLISHED ON THE SITE, WHETHER SUCH CLAIM ARISES IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND YOU EXPRESSLY ACKNOWLEDGE THAT CARGILL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY ACCESS TO THE SITE BY YOU OR ANY THIRD PARTIES. VII. HOURS OF ACCESSIBILITY After having received your User ID and Password, You are free to access the Site any time, seven days a week, 24 hours a day. Cargill does not guarantee any minimum uptime for the Site, and there may be times where the Site may be down for routine maintenance or, in some circumstances, system failure. VIII. LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law principles. IX. NEW PRODUCTS AND SERVICES; ELECTRONIC TRANSACTIONS From time to time Cargill may offer products and services to You and may invite You to engage in electronic transactions where such products and/or services may be ordered by You. Terms and conditions applicable to such transactions will be provided to You at the time of your first transaction, and You will be requested to acknowledge your acceptance of such terms prior to entering into such transaction. X. INTELLECTUAL PROPERTY You are authorized to download one copy of the material on our Site on one computer for your personal use but You may not in so doing remove or amend any trademark, copyright or other proprietary notice. All trademarks and logos contained on the Site are the property of Cargill or its third-party information providers. You agree that You will not copy, amend or use marks or logos without the prior written consent of Cargill or the applicable third-party information source, as the case may be, nor will You modify, copy, distribute, republish or upload any of the material on the Site without our prior written consent. No intellectual property or other rights shall be transferred to You. XI. ARBITRATION Unless otherwise expressly noted, any disputes between Cargill and You under this Agreement shall be finally resolved by a panel of three arbitrators in accordance with the rules then in effect of the American Arbitration Association and shall take place in Minneapolis, Minnesota. The award of any arbitration panel shall be final and binding on the parties. XII. GENERAL INFORMATION This Agreement constitutes the entire Agreement between You and Cargill governing your use of the Site, and shall supersede any prior agreements between You and Cargill concerning this subject matter. The failure of Cargill to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court or arbitration panel to be invalid or unenforceable, the parties nevertheless agree that the court or arbitration panel shall endeavor to give effect to the parties' intentions as reflected in this Agreement, and the other provisions of this Agreement shall remain in full force and effect. I HAVE READ THE TERMS AND CONDITIONS SET FORTH ABOVE, I UNDERSTAND THEIR CONTENT, AND I AGREE TO BE EXCLUSIVELY BOUND BY THEIR TERMS.
