Fielder’s Choice Terms & Conditions of Use

Welcome. The Fielder’s Choice Direct Web Site offers information, products, services, content and various other functionality to Visitors, some of which may be intended for specific areas of the United States or specific product lines. While the content of the site may vary from area to area, the Terms and Conditions of Use (hereinafter simply “Terms”) are applicable.
To the extent any of these Terms would not be enforceable under the local laws from which the Site is being viewed; that term shall be severable from this agreement and the remainder of this agreement shall be remain in force and effect. Viewing this Web Site from areas of the United States, if any, in which its content is illegal, is strictly prohibited and would be a violation of these Terms.
Not all products, programs and services which may be described on Fielder’s Choice Site are available in each area. When in doubt, contact your professional Seed Consultant at
1-800-321-3177 to determine precisely what is available to you. Persons intending to use a Fielder’s Choice product described in this Web Site must follow product label directions and comply with all applicable laws and regulations relating to the product. Your use of this Site is subject to these Terms and to the licenses and permissions herein contained. These Terms form a contract with you. A link to these Terms is posted prominently on the Home Page of this Web Site and will be continually available for your review.

YOUR USE OF THIS SITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.

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

Fielder’s Choice may revise these Terms at any 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 then current Terms to which you are bound.

If any provision of these Terms shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and the other provisions shall remain in full force and effect. The failure of Fielder’s Choice to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Click the link below to jump immediately to the following sections of these Terms.

Table of Contents
Advertisements that May Appear on the Site
Copyright Infringement Claims Procedure
Disclaimers of Warranties
Effective Date
Forward Looking Statements
Compliance with Local Law
Limitations of Monsanto's Liability
Linking To and From This Site
Monsanto's Rights in Material Submitted to the Site
Some Definitions
Trademarks
Transactions
User Names and Passwords
When Visitors May Post to a Monsanto Site
Your indemnification Obligations
Your Privacy
Your Use of Copyrighted Material on this Site
Confidential or Proprietary Information 

Some Definitions
Following are some definitions that explain some of the terminology used in these Terms.

• The words "You" and "Your" refer to corporations or other business entities, and their agents, and to individuals using this Site for personal business, respectively and as applicable.
• "Fielder’s Choice" refers to Grow Direct, Inc. and to each of its subsidiaries and affiliates.
• "We," "Our" and other first person pronouns refer to Fielder’s Choice.
• "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 Fielder’s Choice.

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Compliance with Local Law
GrowDirect, Inc. (Fielder’s Choice) operates as an Independent Operating Company of American Seeds, Inc., a subsidiary of Monsanto who operate from their World Headquarters in St. Louis, Missouri, USA. However, this Site may be operated from or hosted on our behalf by any third party.
Fielder’s Choice makes no representation that materials on this Site are appropriate or available for use in all locations from which it may be viewed. Access to this Site from areas where its contents are illegal is prohibited. Those who choose to access this Site from such locations do so on their own initiative and are responsible for compliance with applicable local laws.
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Your Use of Copyrighted Material on this Site
The copyright in all material provided on this Site by Fielder’s Choice is held by GrowDirect or by the original creator of the material. Fielder’s Choice grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated uses.

Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of GrowDirect Inc., 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.  The foregoing limitation does not apply to Material Safety Data Sheets (MSDS) or to product labels which may be furnished on the Site and which are intended for reproduction and use.
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Confidential or Proprietary Information
Fielder’s Choice strives to provide the public broad access to information about its products and services. In doing so, it is not Fielder’s Choice’s intention to waive any intellectual property rights it may have in information on this website under applicable laws. Fielder’s Choice has policies and procedures in place that are designed to prevent the disclosure on this website of information that Fielder’s Choice considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this website that may be disclosed inadvertently by Fielder’s Choice, you agree to act in good faith to recognize and respect the confidentiality of the information and you agree not to make use of or disclose any confidential or trade secret information you may obtain from this website to anyone else and to destroy any copies of the information, in any form, in your possession.
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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 to immediately notify us of any unauthorized use of your Password, User Name or the Site, or any other breach of security. (Send your notice to us via the Contact Us section of this Site.)
• You agree not to share your User Name or Password with any other person.
• 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.

Fielder’s Choice 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.
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Transactions
For any Fielder’s Choice Site that permits you to place orders or otherwise effect transactions with Fielder’s Choice, additional terms and conditions may be applicable to that transaction and, if so, those terms will be displayed on the web pages which enable to you to conduct such business.
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 Fielder’s Choice, 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 Fielder’s Choice through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are 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.
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Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Monsanto and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. Except as expressly indicated on the Site, the name of Monsanto Company or the Monsanto 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 Monsanto.   Except as expressly indicated on the Site, the name of Fielder’s Choice or the Fielder’s Choice 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 Grow Direct, Inc.
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Your Privacy
To the extent that this Site collects Personal Information about you, our use of that information is subject to Fielder’s Choice Privacy Policy, which can be read at www.fielderschoicedirect.com/privacy_policy.
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Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to Fielder's Choice Site:
(a) may link to, but not replicate, content on this Site;
(b) may not create a browser or border environment around content on this Site;
(c) may not imply that Fielder’s Choice is endorsing it or its products;
(d) may not misrepresent its relationship with Fielder’s Choice;
(e) may not present false information about Fielder's Choice products or services;
(f) may not use Fielder's Choice Trademarks without express written permission; and
(g) 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.
Fielder’s Choice does not control and is not responsible for the content of any third-party (non-Fielder’s Choice) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Fielder’s Choice is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fielder’s Choice of the Site.
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Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, FIELDER’S CHOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, FIELDER’S CHOICE 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, FIELDER’S CHOICE 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 FIELDER’S CHOICE DIRECT.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls Fielder's Choice liability for such product.
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Limitation Of Fielder's Choice Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FIELDER’S CHOICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FIELDER’S CHOICE OR A FIELDER’S CHOICE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.  SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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Your indemnification Obligation
You agree to defend, indemnify and hold harmless GrowDirect, Inc. (Fielder’s Choice), its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.
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Disclaimer For Forward-Looking Statements
Certain statements contained on this Site are "forward-looking statements," such as statements concerning the company's anticipated financial results, current and future product performance, regulatory approvals, business and financial plans and other non-historical facts. These statements are based on current expectations and currently available information. However, since these statements are based on factors that involve risks and uncertainties, the company's actual performance and results may differ materially from those described or implied by such forward-looking statements.
Factors that could cause or contribute to such differences include, among others: competition; contingencies related to intellectual property protection, regulatory matters, and public acceptance of biotechnology products; research and development success; litigation; developments related to foreign operations; acquisitions; commodity prices; regulations affecting manufacturing; inventory levels; the company's ability to obtain financing and payment for the products that it sells; weather, natural disasters and accidents; and other risks and factors detailed in the company's most recent periodic filing with the SEC. Undue reliance should not be placed on these forward-looking statements, which are current only as of the date of their posting to this Site. GrowDirect, Inc. disclaims any current intention or obligation to update any forward-looking statements or any of the factors that may affect actual results.
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Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than Fielder’s Choice appears on this Site, Fielder’s Choice does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
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When Visitors May Post to a Fielder’s Choice Site
If this Site permits you to post or upload comments or any other content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, content, text, data, messages or other materials, whether posted to the Site or privately transmitted (“Material”) are the responsibility of the person from which the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.
Fielder’s Choice does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. Fielder’s Choice will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.
While Fielder’s Choice does not and cannot review every communication or information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, Fielder’s Choice reserves the right to delete, move, or edit Material that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree to use the Site in a proper manner and agree that by using the Site you will not:

• upload, distribute or otherwise publish any libelous, defamatory, obscene, hateful, pornographic, abusive, illegal, threatening or otherwise objectionable material;
• upload or distribute any files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another;
• harass, stalk, threaten or otherwise violate the legal rights (including right of privacy and right of publicity) of others;
• transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• post material which infringes the intellectual property rights of others (including but not limited to copyright, trade secret, trademark or other proprietary rights);
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to regulations promulgated by the U.S. Securities and Exchange Commission;
• transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation; and
• distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

You acknowledge and agree that Fielder’s Choice may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of Fielder’s Choice, its customers and/or Visitors of the Site.
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Fielder's Choice Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. You automatically grant, or warrant, that the owner of the Material has granted Fielder’s Choice and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner's name in connection therewith. You warrant that you have the rights necessary to grant the licenses described in these Terms.
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Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Fielder’s Choice respects the intellectual property of others, and we ask our visitors to do the same. Fielder’s Choice will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Fielder’s Choice will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Fielder’s Choice the following information. Please be advised that to be effective, notification must include ALL of the following:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit Fielder’s Choice to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

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Effective Date
These Terms were last revised on January 23, 2008 and govern your access of this Site from this date forward until a later revision is posted.