General Terms and Conditions of Use of the Velocity External Portal and Application for Growers of Parent and Commercial Seed to Record Spraying Details
Presented with log-in and Registration on a website and Portal
Access to and use of this website, portal and the associated application (including mobile applications) (collectively, “Application”), or any services or content provided through this Application, are subject to the following General Terms and Conditions of Use.
The Portal provides the link between you, the application, and Bayer.
You, the User, must be eighteen years of age or older. By using this Application, you accept these Conditions of Use, without qualification or limitation. Please do not use this Application unless you agree with these Terms and Conditions.
This Application has been developed by Bayer CropScience LP (hereinafter Bayer or we) and Bayer owns the website, portal, Application, and all content in the Application, plus whatever information you enter into the Application.
We reserve the right to discontinue or to change, modify, update, create derivative works for its own use, or replace this Application and the Terms and Conditions of Use without notice. We must therefore ask you, next time you visit this portal and Application, to view these Terms and Conditions of Use again, and to note any changes. Your continued use of this Application, after the posting of changes, constitutes your binding acceptance of such changes. This Agreement incorporates herein by this reference the terms of the Grower Agreement you previously signed so as to be able to grow the crops that you will be spraying under these Terms and Conditions. If there are any discrepancies between that original agreement and these Terms and Conditions of Use, these Terms and Conditions of Use will govern.
The purpose of this portal and Application is to make sure, and make it easier for, you and Bayer to comply with applicable workplace safety laws such as but not limited to the Environmental Protection Act, by entering your spraying records for each of your fields into this Application, as directed by the Application. The Application provides you with access to a view of each of your fields, for the purpose of describing the treated area as required by the Environmental Protection Agency, and guides you through the documentation of your details about the spraying of herbicides or pesticides, so that you and Bayer will have complete information about the spraying, enabling us both to comply with applicable laws.
The details of the spraying include the date and time, which field, substance sprayed, quantity of spray, individual who sprayed, notifications of spraying, and weather conditions. Bayer monitors this information and presents it to the EPA or to third party aggregators who present it to the EPA.
This portal and application are free of charge!
If a Grower fails to accurately and completely record any spraying incidents, Bayer will assess a liquidated damages fee of $2000 for each such failure, not as a penalty, but as an estimate of the damage to Bayer from such inaccurate, incomplete or missing records. This damage could be substantial, but would be very difficult and uncertain to calculate. These damages may be deducted from Bayer's payment to Grower or invoiced to Grower. Such failure will be considered a breach of this Agreement and Grower may not be eligible for future Bayer Seed grower agreements.
Intellectual Property
This Application and everything in it, including data that you enter into the Application, are the sole and exclusive property of Bayer and are protected by patent, copyright, trademark and other intellectual property laws. You understand that you have no right to use the Application and/or content except as stated in these Terms and Conditions of Use. Bayer grants you a non-exclusive, non-transferrable, revocable, limited license to view, print forms and complete the details of each incident of spraying your fields, and distribute the completed form to the Bayer or to a third party aggregator who will distribute it to Bayer for distribution to the EPA. This permission for use is conditioned on your displaying the relevant copyright note on all copies, and using the Application only to comply with the Environmental Protection Act and other laws that may require the reporting of your spraying details. Do not remove or obscure any copyright notices or other notices displayed on the content. This lawful, noncommercial use is the only use you may make of this Application.
In addition, you will not:
• copy, change, reuse, reverse engineer, decode or create derivative works from, the Application or any part of the Application, including the software incorporated into the Application;
• copy, reprint, modify, display, reproduce, perform, translate, download, distribute, adapt, create derivative works from, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Application in any way, for any commercial use, or provide it to any commercial source, including other websites or applications, without the prior written permission from Bayer;
• use this Application to violate any applicable law or intellectual property rights or for any obscene, discriminatory or immoral purpose; and/or
• interfere, or attempt to interfere, with the proper working of this Application.
Bayer reserves all rights not expressly granted to you. If you fail to comply with these Terms and Conditions of Use or if requested by Bayer, you agree to immediately destroy and stop all uses of any content, or any part of the content, retrieved from this Application.
Trademarks and Copyright
All trademarks, trade names, trade dress, service marks and logos (the “Trademarks”) on this are the sole property of, or are used under license by, Bayer unless otherwise noted or in any other way perceivable as third party rights. Use or display of any Trademarks is not permitted without Bayer’s prior written consent. Any unauthorized use of these Trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other industrial property rights.
Training and Troubleshooting
Training on how to use the Application will be found in the Application itself, either with your first usage or within a reasonable time thereafter. Troubleshooting of the Application will be provided by Bayer. Bayer is not responsible, however, for any issues with your Internet or your devices.
Limited Liability and Disclaimer
Bayer has compiled the content provided on this Application from internal and external sources to the best of its knowledge and belief, using professional diligence. We endeavor to expand and update this information, if needed, on an ongoing basis. The information on this Application is for the purpose of enabling you and Bayer to comply with applicable laws by guiding you through the information you need to provide about spraying your fields. This information is provided on an “AS IS” and “AS AVAILABLE" basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND ITS CONTENT. No representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information on this Application, or for the availability or performance of this Application.
Please be aware that this information, although accurate on the day it was published may no longer be up to date. Bayer does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise, respecting this Application or any information published on this Application. In no event will Bayer, its employees, agents, licensors or subcontractors be liable to you or anyone else for any loss or damage of any sort incurred as a result of a decision made or any action taken by you in reliance on this Application and information herein provided.
Advice given on this Application does not exempt you from conducting your own checks on our latest advice – particularly our safety datasheets and technical specifications – and on our products, with a view to their suitability for your intended processes and purposes.
You acknowledge that it is your responsibility to read and follow product label directions as well as seed bags and/or tags and to comply with applicable laws and regulations related to the product.
Should you require any advice or instructions concerning our products or services, please contact us directly.
Bayer does not represent or warrant that the content of this Application is free of viruses, worms or other code that may manifest contaminating or destructive properties.
Neither Bayer nor third parties involved in the writing, production or transmission of this Application can be held liable for damage or injury resulting from access or lack of access or from the use or inability of use of this Application or from the fact that you have relied on information given on this Application.
Websites of Third-Party Vendors/Links
This Application contains links/references to third-party websites, namely, those of the Environmental Protection Agency. By providing such links, Bayer does not give its approval to their contents. Neither does Bayer accept any responsibility for the availability or the contents of such websites or any liability for damage or injury resulting from the use of such contents, of whatever form. Bayer providing such links in no way implies endorsement, investigation or verification by Bayer of the linked website or information contained therein and Bayer offers no guarantee that pages linked to provide information of consistent quality. Links to other websites are provided to Application users merely for the sake of convenience. Users access such websites at their own risk. The choice of links should in no way restrict users to the linked pages.
Details Supplied by User
The user of this Application is fully responsible for the content and correctness of details he or she sends to Bayer as well as for the non-violation of any third-party rights that may be involved in such details. The user gives his or her consent for Bayer to store such details and to use them for the purpose of complying with laws, and for any statistical analysis it may wish to perform relating to its compliance with laws. EXCEPT FOR ANY INFORMATION SUBJECT TO OUR PRIVACY STATEMENT BELOW, ALL INFORMATION YOU TRANSMIT TO THIS APPLICATION INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS AND WILL BE TREATED AS BEING NON-CONFIDENTIAL AND NON-PROPRIETARY. In particular, Bayer is entitled to use the contents of such messages, including ideas, inventions, techniques and expertise contained therein, for any business, research or compliance purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without any limitations.
International Users
This Application is checked, operated and updated by Bayer Saint Louis, Missouri, United States of America (“United States. It is intended for use in the United States and its territories Bayer gives no guarantee that the details presented on this Note: Confining geographical scope to US (and associated territories) are correct outside of the Territory. Should you call up this Application or download contents outside of the Territory, please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in that place.
In the United States, the crop science business of the Bayer Group is conducted by Bayer CropScience LP, therefore, customers in the United States are requested to address comments, questions and concerns to this Portal.
Applicable Laws
These Terms and Conditions of Use and any dispute connected to them will be governed by and construed in accordance with the laws of the State of Missouri, United States (other than its rules on conflicts of laws) and the federal laws of the United States. Any dispute under these Terms and Conditions shall only be brought in a U.S. District Court in the Eastern District of the State of Missouri, Eastern Division, or the Circuit Court of St. Louis County, Missouri.
Access
If this Application permits you to adopt a User Name and Password or to use an assigned User Name and Password in order to access features of the Application, then: (a) you agree to use the Application solely for legitimate purposes, and (b) 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.
Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization.
You must notify Bayer immediately if you learn that security has been violated in respect of any details available on the Application or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible.
Electronic Communications
You consent to receive communications from Bayer electronically, subject to local privacy laws. We will communicate with you by email or by posting notices on our websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be provided in writing.
Data Security and Privacy
Due to the nature of the Internet, the risk of unauthorized use, disclosure, and interception of communications or materials you send to Bayer via the Internet can never be entirely eliminated, and users should be aware of these risks before communicating with Bayer via the Internet. Additionally, we cannot guarantee that the availability of this Application will be uninterrupted and that transmissions will be error-free. Your access to the Application may be occasionally suspended or restricted for a variety of reasons including, for example, to allow for maintenance or the introduction of new services.
Please review our Privacy Statement, Linking to the Bayer US Privacy Statement, which is a part of these Conditions of Use and also governs your use of the Application, To understand how we collect, use, store, and share your personal data.