Your use of the Potash Corporation of Saskatchewan Inc. and its subsidiaries (“Nutrien”) eKonomics website at www.Nutrien-ekonomics.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. Nutrien 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: January 3, 2018
Grant of Limited license
Nutrien either owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information contained on the Site and in the RSS feeds provided through this Site (the “Feeds”), 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, the Feeds and all data or information generated or otherwise made available through the Site’s functionality (collectively, the “Information”). Nutrien 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 contained in and generated by this site and to use the Feeds and Information exclusively for your own personal, non-commercial use. You may not use the Feeds or any portion of the Information in any way that will imply any endorsement, sponsorship, affiliation, association, investigation or verification by Nutrien. You may not use this Site, the Information or the Feeds except as stated in these Terms. This license authorizes you to view and download a single copy of the materials on the Site and the data generated from the Site solely for your personal, non-commercial use. You may not frame or utilize framing techniques to enclose any portion of the Information (including, without limitation the ROI tools).Except as specifically stated herein, you may not modify, copy, distribute, transmit, display, publish, perform, reproduce, license, transfer, sell or create derivative works from the Information or use the Information for any commercial purpose whatsoever. Except for the limited licenses expressly granted to you in the Terms, Nutrien reserves for itself all other right, title and interest in and to the Information. The Information, unless otherwise indicated is the copyright of Nutrien © 1997 to 2018.
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. Nutrien 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 Nutrien may be entitled at law or in equity.
THE INFORMATION CONTAINED IN AND GENERATED BY THIS SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON. SOME OF THE INFORMATION AND DATA PRESENTED ON THIS SITE OR GENERATED THROUGH THE TOOLS MADE AVAILABLE FROM THIS SITE ARE BASED ON CERTAIN ASSUMPTIONS AND FACTORS THAT ARE SUBJECT TO CHANGE, INCLUDING ASSUMPTIONS WITH RESPECT TO SOIL DATA, WEATHER CONDITIONS, CROP PRICES AND OTHER FACTORS, AND MAY PROVE TO BE INCORRECT. THIS SITE AND THE INFORMATION IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND. Nutrien DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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 OR COMPLETENESS OF THE INFORMATION AND THE INFORMATION INCLUDED, CONTAINED IN, OR GENERATED BY THIS SITE MAY NOT ALWAYS BE THE MOST CURRENT SOURCE FOR INFORMATION. ANY RELIANCE YOU PLACE ON THE DATA OR INFORMATION CONTAINED IN OR GENERATED BY THIS SITE IS STRICTLY AT YOUR OWN RISK.
Limitation of Liability
Nutrien DISCLAIMS ANY LIABILITY FOR ANY USE OR REPRODUCTION OF, OR RELIANCE ON, THE SITE AND/OR THE INFORMATION CONTAINED IN OR GENERATED BY THE SITE. FOR GREATER CERTAINTY, IN NO EVENT SHALL Nutrien BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF Nutrien HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nutrien DISCLAIMS ANY LIABILITY FOR DAMAGES ARISING FROM ANY EMAIL COMMUNICATION SENT BY YOU TO Nutrien OR SENT BY Nutrien TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR THE INFORMATION. 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.
You agree to defend, indemnify and hold Nutrien, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees (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. Nutrien 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 Nutrien in the defense of such matter.
Your license to access and use the Site and/or the Information shall automatically terminate if you are in breach of any of the Terms. Nutrien reserves the right, in its sole discretion, to terminate your access to the Site, to terminate your use of the Information, or any portion thereof, at any time without notice.
The sites linked to or from this Site are not under the control of Nutrien and Nutrien is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within such linked sites before relying on it. Also, the information contained in the linked sites may be changed, modified and/or updated at any time without notice. Nutrien 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 Nutrien of such linked site. Nutrien does not authorize the use of third party sites’ intellectual property nor is any third party site authorized to use Nutrien’s intellectual property. Your use of the linked sites may be subject to terms and conditions contained therein, which you should locate and carefully review. Nutrien is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. You may link to the Site, but you shall not (1) present false or misleading information about Nutrien or its products, (2) imply that Nutrien is endorsing you or your products or services, (3) misrepresent a relationship with Nutrien, (4) use a Nutrien trademark or other branded image in connection with the link or (5) copy content from the Site.
Nutrien advises that documents and information placed on the Site, and information generated by the site, may contain forward-looking statements subject to risks and uncertainties. These statements can be identified by expressions of belief, expectation or intention, as well as those statements that are not historical fact. These statements often contain words such as “should,” “could,” “expect,” “may,” “anticipate,” “believe,” “intend,” “estimate,” “plan” and similar expressions. These statements are based on certain factors and assumptions, including with respect to: foreign exchange rates, expected growth, results of operations, performance, business prospects and opportunities, and effective tax rates. While Nutrien considers these factors and assumptions to be reasonable based on information currently available, they may prove to be incorrect. Several factors could cause actual results to differ materially from those expressed in the forward-looking statements, including, but not limited to: variations from Nutrien’s assumptions with respect to foreign exchange rates, expected growth, results of operations, performance, business prospects and opportunities, and effective tax rates; fluctuations in supply and demand in the fertilizer, sulfur, transportation and petrochemical markets; costs and availability of transportation and distribution for Nutrien’s raw materials and products, including railcars and ocean freight; changes in competitive pressures, including pricing pressures; adverse or uncertain economic conditions and changes in credit and financial markets; the results of sales contract negotiations within major markets; economic and political uncertainty around the world; timing and impact of capital expenditures; risks associated with natural gas and other hedging activities; changes in capital markets; unexpected or adverse weather conditions; changes in currency and exchange rates; unexpected geological or environmental conditions, including water inflows; imprecision in reserve estimates; adverse developments in new and pending legal proceedings or government investigations; acquisitions Nutrien may undertake; strikes or other forms of work stoppage or slowdowns; rates of return on, and the risks associated with, Nutrien’s investments; changes in, and the effects of, government policies and regulations; security risks related to Nutrien’s information technology systems; and earnings, exchange rates and the decisions of taxing authorities, all of which could affect Nutrien’s effective tax rates. Additional risks and uncertainties that could cause actual results to differ materially from results expressed on this Site can be found in Nutrien’s most recent earnings release, in Nutrien’s Form 10-K for the fiscal year ended December 31, 2012 under the captions “Forward-Looking Statements” and “Item 1A – Risk Factors” and in Nutrien’s other filings with the U.S. Securities and Exchange Commission and the Canadian provincial securities commissions. The forward-looking statements contained in the documents and information placed on and generated by this Site are made as of the date of the release of such document or the posting of such information on this Site, as applicable. Nutrien disclaims any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.
Trade-marks and Other Copyright
Certain words, phrases, names, designs or logos used on the Site, or contained in information generated by the site, may constitute trade-marks, service marks or trade names of Nutrien or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by Nutrien or other entities. The use of any Nutrien trade-marks or service marks without obtaining prior written consent from Nutrien 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 the Canada and other countries.
Really Simple Syndication (RSS)
From time to time, Nutrien may provide Feeds on the Site for informational purposes. Use of the Feeds available at the Site is limited to individuals for personal, non-commercial use only. Nutrien has the right to remove all Feeds from the Site and to discontinue the Site’s Feeds at any time. Nutrien does not specifically endorse any RSS reader or other third party application.
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 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, Nutrien may ask you to provide personal information, such as your e-mail address, name or telephone number. In addition, Nutrien may collect information about your interaction with the Site. For example, Nutrien 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. Nutrien collects and uses such information to operate and improve the Site. Nutrien 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, Nutrien will not disclose your personal information outside of Nutrien and its controlled subsidiaries and affiliates without your consent.