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TERMS OF USE

Cargill Bumper Mobile Application
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PRESSING THE “AGREE” BUTTON AND USING THE APP ON YOUR DEVICE

These terms of use (the “Terms”) are a binding legal agreement between you (“you”) and Cargill, Incorporated (“Cargill”, “us”, or “we”) governing your use of the Cargill Bumper Mobile Application (the “App”).

By downloading and installing the App onto your device or by pressing the “Agree” button, you agree to these Terms and represent you are 18 years of age or older. If you do not agree to these Terms, you must not use the App, and you must uninstall it from your device as we do not grant you permission to use the App.

1.      YOUR ACCESS TO THE APP

Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator (“App Store Provider”) from whom you have downloaded the App (“App Store Terms”). In the event of any conflict between these Terms and any App Store Terms, the App Store Terms will prevail.

We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from whom you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.

These Terms apply to the App including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time by notifying you of a change when you next start the App (we may also email you about any material changes to the Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the App. The date these Terms were last updated appears at the bottom of these Terms.

From time to time we may issue updates to the App. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain models of device or operating system versions. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device or operating system. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that: (a) the device you use to access the App will require certain software in order for the App to work correctly and it is your responsibility to ensure that you have the required up-to-date software; and (b) the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the App meets your requirements.

You may only download and install the App onto a device that you own, or if you do not own the device, you must have the permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the App, whether or not you own the device onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device onto which the App is installed may be charged by any relevant mobile network operator and/or internet service provider in relation to any data and/or mobile connectivity used by the App.

Access to the App may be suspended temporarily and without notice: (a) in the case of system failure; (b) for maintenance or repair; (c) where we reasonably suspect there has been a breach of these Terms; (d) for reasons reasonably beyond our control; or (e) as otherwise explained in these Terms.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

2.      PERMITTED USE AND RESTRICTIONS

In consideration of you agreeing to abide by these Terms, we grant you a limited, non-transferable, and non-exclusive license (i.e., permission) to use the App subject to these Terms. We reserve all other rights, which are not granted in these Terms. You may download and install the App through an authorized App Store Provider only, and you may view, use and display the App for your personal purposes only.

Except as explained in these Terms or as permitted by any applicable local law, you agree: (a) not to copy the App; (b) not to rent, lease, sub-license (i.e. grant anyone else the permission to use the App), publish, transfer, loan, translate, merge, adapt, vary or modify the App (or any part of it); (c) not to, nor attempt to, derive or gain access to the source code, disassemble, decompile, decode, reverse-engineer or create derivative works based on the whole or any part of the App; (d) not to remove, delete, alter or obscure any trademarks, copyright, patent or other intellectual property or proprietary rights notices in the App; (e) not to provide or otherwise make available the App in whole or in part in any form to any person without prior written consent from us; and (f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.

You must not use the App: (a) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system used by the App; (b) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (c) to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App; (d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (e) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

3.      SECURITY AND PASSWORDS

You must keep your password and any other authentication information confidential. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the App.

We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

4.      YOUR PROMISES TO US

You promise to us that: (a) you are authorized to agree to these Terms; (b) you are not located in a country subject to a United States government embargo, nor are you located in a country that has been designated by the United States government as a “terrorist supporting” country; (c) you are not listed on any United States government list or prohibited or restricted parties, (d) any information submitted by you shall be at your own risk, and (e) you will not disclose nor allow to be disclosed by any means any confidential information belonging to us that you become aware of.

5.      PRIVACY

These Terms also incorporate the terms of our privacy policy (as updated from time to time), which is available from within the App (the “Privacy Policy”) unless any element of the App is subject to a separate privacy policy, which we notify to you. Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy.

By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your device as explained in the Privacy Policy.

6.      INTELLECTUAL PROPERTY RIGHTS

You acknowledge that you do not have any intellectual property right in the App, in whole or in part, and that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these Terms.

If anyone brings a claim that the App or any part of it, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any App Store Provider) shall be responsible for the investigation, defense, settlement and discharge of any such claim

7.      USER CONTENT

Whenever you make use of a feature that allows you to upload or input any content such as any text, audio, video, or other content via the App (“User Content”), or to share any User Content, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, and (k) will not be false or inaccurate.

You acknowledge that any User Content could pose us a significant risk if it breaches these Terms, and you therefore, to the extent permitted by law, agree to compensate us for any loss we suffer if anyone makes a claim against us due to any of your User Content. We will not be responsible, or liable to any third party, for any User Content submitted by you or any other user of the App.

We have the right to use, copy, distribute, and create derivative works of any User Content, any information collected by the App, or any feedback or suggestions you provide to us regarding the App, for any purpose without limit in time and without payment to you. We have the right (but are under no obligation) to remove any User Content if, in our opinion, it is in breach of these Terms or is otherwise inappropriate.

8.      THIRD PARTY SITES AND SERVICES

The App may: (a) contain links to other third party services; (b) allow you to share content directly with other third party services; or (c) require you to use other third party services (collectively, the “Third Party Services”). You acknowledge that we have no control over the Third Party Services and are not responsible for their contents and/or availability.

We do not endorse the content or other material contained in the Third Party Services and have no association with their operators. Your use of the Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with the Third Party Terms.

9.      DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION

WE PROVIDE THE APP ON AN “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CARGILL, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CARGILL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APP, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARGILL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES; AND (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CARGILL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

You agree to indemnify, defend and hold harmless Cargill and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that Cargill assumes no responsibility for the content you submit, make available or have access to through this App. You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.   TERMINATION

We may terminate these Terms and your permission to use the App immediately at any time and for any reason, with or without notice to you, including, without limitation if: (a) you commit any breach of these Terms; (b) we discontinue the App; or (c) we are prevented from providing the App for any reason.

Furthermore, we reserve the right to change, edit, suspend delete and/or cancel any part of the App and/or your access to it at any time and for any reason, with or without notice to you, including, without limitation: (a) if required by law; (b) due to an event beyond our control; or (c) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.

On termination of these Terms for any reason: (a) all rights granted to you under these Terms will immediately cease; (b) you must immediately cease all activities authorized by these Terms (including your use of the App); (c) you must immediately uninstall and remove the App from your device(s); and (d) you acknowledge that we may restrict your access to the App and/or remove it from your device.

11.   COMMUNICATION BETWEEN US

If you wish to contact us in writing, or if any condition in these Terms require you to give us notice in writing, you can send this to us by e-mail or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by e-mail or using any other contact details you provide to us.

12.    EXPORT REGULATIONS.

The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.

13.   OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.

These Terms shall be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Hennepin County, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

These Terms were last updated on May 29, 2018.

14.   ABOUT US

Cargill, Incorporated
15407 McGinty Road West, Wayzata, Minnesota 55391-2399
Contact email address: hello@getbumper.com