Home

LEGAL POLICY

Terms and Conditions of Use

Please take a few minutes to review these Terms and Conditions. This website, located at Shomasterfeeds.com (the “Website”) is operated by Cargill, Incorporated ("CARGILL").

BY USING THIS WEBSITE, YOU EXPRESS YOUR UNDERSTANDING AND AGREEMENT THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. If you do not agree with any of these Terms and Conditions, then you may not use the Website. By using the Website, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Website from any territory where such portion or feature of the Website is illegal is prohibited.

CARGILL reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions then in force. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website. The last date these terms and conditions were revised is set forth below.

1. Eligibility

CARGILL may refuse access to and usage of the Website to anyone at any time, in its sole discretion.

2. Fees and Taxes

There are no fees for using the Website. You are, however, responsible for paying all applicable taxes for all hardware, software, service and other costs you may incur in accessing our servers or purchasing products and services through the Website. You also acknowledge and agree that CARGILL does not undertake any responsibility to calculate, report, or remit sales or use taxes which may be assessed, due, or owning to the authorities of any taxing jurisdiction for transactions that arise in connection with your use of the Website.

3. Copyright and Trademark Notice

Everything that you see, hear or otherwise experience on the Website (the "Content"), including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips, text, and the selection, coordination, arrangement, and the general “look and feel” of the Website, are subject to trademark, copyright and/or other intellectual property laws of the United States and other countries, and belong to CARGILL, its affiliates or third parties who have licensed their materials to CARGILL. The Website and the Content are intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. CARGILL reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from CARGILL. “Mirroring” the Website or any of the Content is prohibited.

4. No Harmful Action

You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website, CARGILL’s servers, or any of the Content. You agree not to add to, subtract from, or otherwise modify the Content.

5. Submissions

We welcome your comments and suggestions regarding the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to CARGILL shall be and remain the exclusive property of CARGILL. Your submission of any such Comments shall constitute an assignment to CARGILL of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. CARGILL will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments in violation of any agreement or obligation to keep the information contained in such Comments confidential. CARGILL expressly disclaims any interest in any Comments that you are not authorized to submit.

6. Privacy

Click here to read CARGILL's Privacy Statement.

The Privacy Statement should be read in conjunction with and subject to these Terms and Conditions. In the event of a conflict or inconsistency between the provisions of the Privacy Statement and these Terms and Conditions, these Terms and Conditions will control.

7. Disclaimers

A. Colors: CARGILL attempts to display as accurately as possible the colors of any logos or products shown on the Website. However because the colors you see will depend on your monitor, CARGILL cannot guarantee that your monitor's display of any color will be accurate.

B. Correction of Errors and Inaccuracies: The information on the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right, but do not assume the obligation, to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

C. No Endorsements: References on the Website to any names, marks, products or services of third parties or hypertext links to third party websites or information do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by CARGILL. CARGILL and its affiliates do not endorse nor make any warranties or representations about any website you may access through the Website. Any links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

D. Use of Models: Throughout our Website, we utilize photographs or likenesses of individuals, which we have been licensed to use on the Website. Our use of these photographs or likenesses should not be construed as an endorsement of our products by these individuals, unless such endorsement is specifically indicated on the Website.

E. Use Outside the United States: CARGILL and its affiliates make no representation that the Content or the Website are applicable, lawful or appropriate for use in locations outside the United States. Portions or versions of the Content that have been translated into any language other than English are provided for the convenience of the user only. CARGILL makes no representation or warranty that the translations are complete and accurate and CARGILL, by providing some foreign language content, undertakes no obligation to provide translations of all or any portion of the Website in any language except as determined by CARGILL.

8. Disclaimer of Warranties

The Website is operated by CARGILL on an "AS IS," "AS AVAILABLE" basis, with all faults, and without representations or warranties of any kind. CARGILL AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THe WEBSITE AND the CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, noninfringement, NONINTERFERENCE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, CARGILL and its affiliates do not represent or warrant that the cONTENT is accurate, complete or current, or that the Website will operate without interruption or error.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. you may also have other legal rights that vary from state to state.

9. Limitation of Liability

CARGILL ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE OR ITS CONTENT. IN NO EVENT WILL CARGILL BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, THE CONTENT, OR THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, EVEN IF CARGILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. If you are dissatisfied with the Website or any content on the WEBsite, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Website.

The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CARGILL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED one hundred dollars (US $100.00).

10. General Terms and Conditions

Use of the Website and the Content, all transactions arising from use of the Website, and these Terms and Conditions will, in all respects, be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Minnesota, without giving effect to its conflict of laws provisions. Any dispute between CARGILL and any user of the Website will be venued in a state or federal court situated within the state of Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be struck and the remaining provisions shall be enforced.

CARGILL may assign, delegate and/or otherwise transfer these Terms and Conditions or its rights and obligations hereunder to any person or entity. No user of the Website may assign, delegate or otherwise transfer these Terms and Conditions or any of his or her rights or obligations hereunder without the prior written consent of CARGILL. These Terms and Conditions shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

CARGILL's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

These Terms and Conditions set forth the entire understanding and agreement between you and CARGILL with respect to the subject matter hereof and supersede any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.