Terms and Conditions

Terms and Conditions

These Terms were last revised on August 25, 2016 (the “Effective Date”) and govern your access of this Site from this date forward until a later revision is posted.

Welcome. This Web Site is one of several offered by The Mosaic Company providing information, products, services, Content (defined below), and other functionality to Visitors, some of which may be intended for specific regions of the world or specific product lines. While the Content of the sites may vary from site to site and region to region, these Terms and Conditions of Use (hereinafter “Terms”) are applicable generally to each Site.

Use of this Site is subject to these Terms and to the licenses and permissions contained herein. These Terms form a contract with you. A link to these Terms is posted on the Home Page of this Web Site and will be continually available for your review.

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE FOLLOWING TERMS AND AN ACKNOWLEDGMENT OF YOUR UNDERSTANDING OF THEM.

IF YOU DO NOT AGREE TO THESE TERMS, USE OF THIS SITE IS PROHIBITED.

Mosaic may revise these Terms from time to time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.

If any of these Terms would not be enforceable under the local laws of the country from which you are viewing this Site, that term shall be severable from this agreement and the remainder of this agreement shall be remain in full force and effect. The failure of Mosaic to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Web Site from countries, if any, in which its Content is unlawful is strictly prohibited and constitutes a violation of these Terms. You are responsible for compliance with applicable local laws.

Not all products, programs, and services that may be described on a Mosaic Site are available in each and every country. When in doubt, contact a local Mosaic representative in your area to determine precisely what is available to you. Persons intending to use a Mosaic product described in this Web Site must follow product directions and comply with all applicable laws and regulations relating to the product.

Definitions

Definitions that explain some of the terminology used in these Terms is listed below.

• “Mosaic” refers to The Mosaic Company and to each of its subsidiaries and affiliates.
• The words “you” and “your” refer to corporations or other business entities, and their agents, and to individuals using this Site, respectively and as applicable.
• “We,” “Our” and other first person pronouns refer to Mosaic.
• “Site” means the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by Mosaic.

Compliance with Local Law

Mosaic operates from its World Headquarters in Tampa, Florida, USA. However, this Site may be operated from the World Headquarters, from any of Mosaic’s divisions and affiliates located around the world, or hosted on our behalf by any third party.

Mosaic makes no warranty or representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be accessible.

Trademarks

The trademarks, trade names, trade dress service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Mosaic and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Mosaic or any third party that may own the respective Trademarks. Except as expressly indicated on the Site, the name of The Mosaic Company or the Mosaic logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Mosaic.

Your Use of Copyrighted Material on this Site

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, trademark, copyright and other intellectual property protection. The copyright in the arrangement of and components of all material provided on this Site by Mosaic, including, with out limitation, all Site Content is held by Mosaic or by the original creator of the material. Mosaic grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy; display; reproduce; download; distribute; modify; edit; create derivative works; reverse engineer; decompile any code, script, or software forming the Site; alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Mosaic or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. Mosaic reserves all other rights not expressly granted by this License. The foregoing limitation does not apply to Safety Data Sheets (SDS) or to product labels that may be furnished on the Site and that are intended for reproduction and use.

Confidential or Proprietary Information

Mosaic strives to provide the public with broad access to information about its products and services. In doing so, it is not Mosaic’s intention to waive any intellectual property rights, including, without limitation, trade secrets, Mosaic may have in information on this Site under applicable laws. Mosaic has policies and procedures in place that are designed to prevent the disclosure on this website of information that Mosaic considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Mosaic, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Mosaic, you agree to immediately destroy any copies of the information, in any form, in your possession.

User Names and Passwords

If this Site permits you to adopt a User Name and a Password or to use an assigned User Name and Password in order to access features of this Site, then:

• You agree to use the Site solely for legitimate purposes.
• When registering for a User Name, you agree that you will use only accurate and truthful information about yourself and you will not imitate any other person or assume a false identity.
• You agree not to share your User Name or Password with any other person.
• You agree to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security through the Contact Us section of this Site.
• You agree to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your User Name or Password.

Mosaic reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your User Name or Password.

Transactions

For any Mosaic Site that permits you to place orders or otherwise effect transactions with Mosaic, additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions. Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business And complete the transactions. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Mosaic, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.

By entering into a transaction with Mosaic through this Site, you are representing to us that you are not in a country where such import/export is prohibited and are not a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.

Unauthorized Access of Site

You are specifically prohibited from accessing or using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Web Sites and to pursue any and all civil and criminal remedies for any access to our Sites or Content without authorization or any use of our Sites or Content that exceeds your authorized access.

Your Privacy

To the extent that this Site collects Personal Information about you, our use of that information is subject to Mosaic’s Privacy Policy, which can be read here.

Linking to and from this Site

Anyone linking to the Site must comply with all applicable laws. A site that links to Mosaic’s Site:

1. may link to, but not replicate, Content on this Site;
2. may not create a browser or border environment around Content on this Site;
3. may not imply that Mosaic is endorsing it or its products;
4. may not use Mosaic’s Trademarks without express written permission;
5. may not misrepresent its relationship with Mosaic;
6. may not present false information about Mosaic’s products or services; and
7. may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups.

Mosaic does not control and is not responsible for the Content of any third-party (non-Mosaic) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Mosaic is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mosaic of the Site.

General Disclaimer of Warranties

THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. MOSAIC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS, OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND MOSAIC MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO MOSAIC EMPLOYEE, AGENT, OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: MOSAIC DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

MOSAIC RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND MOSAIC WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.

PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, MOSAIC DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, MOSAIC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.

CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF MOSAIC COMPANY.