Your use of the Potash Corporation of Saskatchewan Inc. and its subsidiaries (collectively, “PotashCorp”) website at www.potashcorphealth.com (the “Site”) constitutes your acceptance of these terms and conditions of use (the “Terms”). If you have not already done so, please take some time to familiarize yourself with the Terms. If you do not agree to the Terms, you may not use or access the Site. PotashCorp may change, modify and/or update the Terms from time to time and it is your responsibility to check for such Changes, modifications and/or updates. Continued use of the Site following any such change, modification and/or update shall constitute your acceptance of the Terms at that time. The last revision date for the Terms is set forth below.
Last revised: April 27, 2016
Grant of Limited Licence
PotashCorp either owns the intellectual property rights, including copyright, or has acquired the necessary licences, in the information contained on the Site, including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Site (collectively, the “Information”). PotashCorp hereby grants to you a limited, non- transferable, non-exclusive right to access and use the Site solely for your personal, non-commercial use in seeking information regarding health and wellness. You may not use the Site in any way that will imply any endorsement, sponsorship, affiliation, association, investigation or verification by PotashCorp of any person or website. You may not use this Site or the Information except as stated in these Terms. This licence authorizes you to view and download a single copy of the materials on the Site solely for your personal, non-commercial use. Except as specifically stated herein, you may not modify, copy, distribute, transmit, display, publish, perform, reproduce, licence, transfer, sell or create derivative works from the Information or use the Information for any commercial purpose whatsoever. Except for the limited licences expressly granted to you in the Terms, PotashCorp reserves for itself all other right, title and interest in and to the Information. The Information, unless otherwise indicated is the copyright of PotashCorp © 1997 to 2016.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. PotashCorp reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which PotashCorp may be entitled at law or in equity.
The sites or applications linked to or from this Site are not under the control of PotashCorp and PotashCorp is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or application or any link contained in a linked site or application. It is your responsibility to verify any information contained within such linked sites or applications before relying on it. Also, the information contained in the linked sites or applications may be changed, modified and/or updated at any time without notice. PotashCorp provides links to you only as a convenience and the inclusion of any link does not imply endorsement, sponsorship, affiliation, association, investigation or verification by PotashCorp of such linked site or application. In addition, PotashCorp does not sponsor, recommend or endorse any third party product, service or information provided on the Site, except where such sponsorship, recommendation or endorsement is explicitly indicated on the Site. PotashCorp does not authorize the use of third party sites’ or applications’ intellectual property nor is any third party site or application authorized to use PotashCorp’s intellectual property. Your use of the linked sites or applications is at your own risk and may be subject to terms and conditions contained therein, which you should locate and carefully review. PotashCorp is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites or applications. You may link to the Site, but you shall not (1) present false or misleading information about PotashCorp or its products, (2) imply that PotashCorp is endorsing you or your products or services, (3) misrepresent a relationship with PotashCorp, (4) use a PotashCorp trademark or other branded image in connection with the link or (5) copy content from the Site.
The Site Does Not Provide Medical Advice
The Information, including, but not limited to, health, wellness, prescription or pharmaceutical content, recipes, advice, suggestions, quotes, recommendations of products, procedures or services and other statements, conclusions, opinions and views, is general in nature and provided for educational or informational purposes only. The Information is not intended to be professional medical advice or a substitute for professional medical advice, diagnosis or treatment and should not be relied upon in that respect. PotashCorp does not represent or warrant that any of the Information is safe, appropriate or effective for you. You should seek the advice of your physician or other qualified medical professional or health provider with questions regarding your specific medical needs. Never disregard professional medical advice or delay in seeking it because of the Information. Consult your physician or other qualified medical professional or health provider for guidance before changing or undertaking any diet, exercise or health program, or before using any prescription or over-the-counter drug. If you have dietary restrictions and/or allergies, always read the ingredient list carefully for all food products and recipes prior to consumption. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in North America and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
POTASHCORP DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR THE INFORMATION. THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE ACCURACY, TIMELINESS, COMPLETENESS, USEFULNESS, RELIABILITY OR PROPER INTERPRETATION OF THE INFORMATION, WHICH INFORMATION IS PROVIDED ON AN “AS-IS, WHERE IS” BASIS. THE INFORMATION MAY NOT ALWAYS BE THE MOST CURRENT SOURCE FOR INFORMATION. POTASHCORP DOES NOT WARRANT THAT THE SITE AND/OR THE INFORMATION WILL BE FREE FROM ERRORS, DEFECTS, PROGRAM LIMITATIONS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE AND THE INFORMATION WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POTASHCORP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE USE OF THE SITE AND RELIANCE ON ANY INFORMATION OR CONTENT AVAILABLE ON THE SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
POTASHCORP DISCLAIMS ANY LIABILITY FOR ANY USE OR REPRODUCTION OF THE SITE AND/OR THE INFORMATION. FOR GREATER CERTAINTY, IN NO EVENT SHALL POTASHCORP, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR ANY THIRD PARTY CONTENT VENDORS ATTRIBUTED ON THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF POTASHCORP, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR ANY THIRD PARTY CONTENT VENDORS ATTRIBUTED ON THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NONE OF POTASHCORP, ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR ANY THIRD PARTY CONTENT VENDORS ATTRIBUTED ON THE SITE IS LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR INFORMATION. POTASHCORP DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING FROM ANY EMAIL COMMUNICATION SENT BY YOU TO POTASHCORP OR SENT BY POTASHCORP TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.
Trade-marks and Other Copyright
Certain words, phrases, names, designs or logos used on the Site may constitute trade-marks, service marks or trade names of PotashCorp or other entities. The display of any such marks or names on the Site does not imply that a licence has been granted by PotashCorp or other entities. The use of any PotashCorp trade-marks or service marks without obtaining prior written consent from PotashCorp is strictly prohibited. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.
Compliance with Law
You shall not use, access or link to the Site and/or the Information in any manner that will violate any applicable local, provincial, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site. You may not use the Site in any manner which could damage, disable, overburden or impair the Site, interfere with any other party’s use and enjoyment of the Site or compromise the integrity of, or otherwise modify, the Information.
To access certain sections of the Site, PotashCorp may ask you to provide personal information, such as your e-mail address, name or telephone number. In addition, PotashCorp may collect information about your interaction with the Site. For example, PotashCorp may collect certain standard information that your browser sends to the Site, such as your IP address, browser type and language, access times and referring web site addresses. PotashCorp collects and uses such information to operate and improve the Site. PotashCorp occasionally hires other companies to provide services on its behalf, such as hosting websites. Such service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of any personal information and are prohibited from using it for any other purpose. Except as described in this statement, PotashCorp will not disclose your personal information outside of PotashCorp and its controlled subsidiaries and affiliates without your consent.
You agree to defend, indemnify and hold PotashCorp, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees and court costs (without reduction for tariff or other similar rate reduction) related to any violation of the Terms by you or in connection with your use of the Site and/or the Information.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PotashCorp reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PotashCorp in the defense of such matter.
Severability and Waiver
If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other provision of the Terms.
Unless specifically provided herein, the Terms constitute the entire agreement between you and PotashCorp with respect to your use of the Site and the Information. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the provisions hereof. The Terms shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the Site.
Your licence to access and use the Site and/or the Information shall automatically terminate if you are in breach of any of the Terms. PotashCorp reserves the right, in its sole discretion, to terminate your access to the Site and/or to terminate your use of the Information, or any portion thereof, at any time without notice.
The parties hereto have requested that the Terms and all correspondence and all documentation respecting the Terms, be written in the English language. Les parties aux présentes ont exigé que la présente entente, de même que toute la correspondance et la documentation relatives à cette entente, soient rédigées en langue anglaise.
Choice of Law and Jurisdiction
The laws of the Province of Saskatchewan and the laws of Canada applicable therein will govern as to the interpretation, validity and effect of these Terms, notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You hereby consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Saskatchewan in the city of Saskatoon for any legal proceeding arising out of or in relation to your use of the Site, the Information, and/or the Terms.
Accuracy and Completeness
PotashCorp endeavors to provide current and accurate information on this Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Potash does not warrant that the content made available on this Site, including, with limitation, health, wellness, prescription or pharmaceutical information, recipes, advice, quotes, recommendations of products, procedures or services and other statements, conclusions, opinions and views, is accurate, complete, current, reliable or useful. The Information and other material on this Site is provided for general informational and educational use only. Any use of or reliance on the Information and other material on this Site is at your own risk.[Member Account, Password and Security]
Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. PotashCorp reserves the right to cancel or suspend your registration at any time at its sole discretion and with any notice or liability to you or any other person. Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify PotashCorp immediately. PotashCorp may assume that any communications PotashCorp receives under your password have been made by you unless PotashCorp receives notice otherwise.