1. About These Terms
These Terms of Service (“Terms”) describe the conditions governing access to and use of the website operated by BioGenate North America LLC (“BioGenate,” “we,” “us,” or “our”), including its information, downloadable materials, inquiry forms, and related online features.
Please read these Terms before using our website. These Terms apply when you accept them or otherwise become bound by them under applicable law. We may request express acceptance before providing particular features or services. If you do not agree to these Terms, please discontinue use of the website.
You must have the legal capacity and authority to enter into any agreement you make through the website. When acting for a business or another organization, you must be authorized to act on its behalf.
These Terms concern website use. Separate agreements may govern product purchases, consulting services, field trials, credit arrangements, distribution relationships, and other business activities.
2. Permitted Website Use
You may use our website to learn about BioGenate, evaluate our products and technologies, access educational resources, and communicate with us for legitimate personal or business purposes.
You may view, print, and download materials made available for those purposes for your personal, educational, or internal business use, provided you preserve relevant copyright, trademark, attribution, safety, and product-use notices.
Other uses, including republication, commercial redistribution, resale, or use in another company’s advertising, require permission unless separately authorized or permitted by applicable law.
Permission to access website materials does not authorize you to represent BioGenate, make commitments on our behalf, or claim an authorized distributor, dealer, consultant, or partner relationship.
3. Agronomic and Technical Information
Our website provides information about soil and plant health, agricultural and turf management, biological technologies, mineral nutrition, water management, carbon-related technologies, and associated products and systems.
General website content, including GenRx™ program descriptions, product guides, application examples, articles, and educational materials, is not a substitute for an assessment of the conditions at a particular field, facility, or operation.
Product suitability and management decisions may depend on soil conditions, crop or turf species, growth stage, weather, water quality, existing inputs, equipment, application methods, and other site-specific factors.
Before implementing a program, review the applicable product instructions and obtain appropriate technical advice for your operation. Contact BioGenate when clarification is needed.
Visiting the website or submitting an inquiry does not, by itself, establish a paid consulting engagement or an agreement to provide a particular service. Any individualized engagement and its scope are established separately.
4. Product Labels, Safety, and Regulatory Requirements
Always read and follow the labeling and instructions applicable to the product you are using, together with applicable laws and regulatory requirements.
Website summaries, brochures, program examples, and marketing materials do not authorize uses prohibited by applicable law or replace legally controlling product labeling.
For pesticide products, where applicable, follow the labeling accompanying the product and any applicable approved supplemental labeling and restrictions. Do not assume that a label downloaded from a website replaces the labeling legally applicable to the product in your possession.
Before use, confirm that the product and intended application are permitted in your location and appropriate for the relevant crop, turf, site, and production system. Review applicable safety data sheets and requirements for handling, mixing, protective equipment, storage, and disposal.
Do not assume that products are compatible or that a combination is permitted merely because the products are discussed together. Follow applicable mixing instructions and obtain appropriate guidance before combining products.
Contact BioGenate or the product manufacturer before proceeding when website information appears inconsistent with applicable labeling or safety instructions.
5. Performance Information and Program Eligibility
Field trials, research summaries, photographs, testimonials, and case studies should be read together with their stated conditions, methods, and limitations.
Results reported for a particular location, season, or management system do not guarantee the same outcome in another setting. Actual performance may be affected by environmental conditions, application practices, management decisions, and other factors.
Unless expressly provided in an applicable warranty or agreement, BioGenate does not guarantee a particular increase in yield, turf quality, nutrient efficiency, soil carbon, water savings, profitability, or return on investment. Illustrative calculations and economic examples are estimates, not promises of financial results.
References to organic suitability, OMRI listing, sustainability, regenerative practices, or other standards apply only to the specific product, practice, or program identified. They do not mean that every BioGenate product holds the same certification or is suitable for every certified production system.
Before using an input in certified organic production, obtain approval from your operation’s certifying agent. References to conservation, incentive, or government programs do not guarantee eligibility, approval, reimbursement, or funding.Nothing in this section cancels a legally binding product representation, express warranty, or right provided by applicable law.
6. Product Availability, Pricing, and Transactions
Product descriptions, package sizes, availability, pricing, and program information may change. A product’s appearance on the website does not mean it is available for purchase or approved for use in every location.
A request for information or a quotation does not, by itself, create a purchase obligation, sales contract, credit approval, or agreement to provide paid services.
Purchases and other transactions are governed by the applicable quotation, accepted order, sales terms, credit agreement, or other agreement, together with applicable law. Relevant pricing, freight, taxes, delivery arrangements, payment obligations, returns, and warranty terms should be confirmed as part of that transaction.
We may correct website errors and outdated information. Corrections do not authorize us to disregard an existing agreement or alter an accepted transaction except as permitted by that agreement and applicable law.
These Terms do not replace product warranties, agreed sales conditions, or statutory rights associated with a purchase.
7. Intellectual Property and Brand Use
Website text, graphics, photographs, videos, diagrams, documents, designs, logos, and other materials are owned by BioGenate or used with permission from their respective owners, except where otherwise identified.
BioGenate™, GenRx™, LayerTech™, and related names, logos, and program branding are subject to the rights of their respective owners. Third-party product names and marks remain the property of their respective owners.
Except for the limited uses permitted by these Terms or applicable law, you may not reproduce, modify, republish, distribute, sell, or create derivative materials from protected website content without appropriate authorization.
You may not remove ownership notices or use BioGenate branding in a manner that falsely suggests sponsorship, endorsement, affiliation, or approval.
Access to the website does not transfer ownership of intellectual property or grant a license to any patent, proprietary technology, trademark, or other protected right beyond the permissions expressly stated.Nothing in these Terms restricts fair use or another right that applicable law does not permit us to restrict.
8. Information and Materials You Submit
When providing information through our website or related communications, you are responsible for ensuring that you have the right to provide it and that it is accurate to the best of your knowledge.
You retain ownership of your pre-existing intellectual property and materials, including photographs, field records, reports, and other project information.
By submitting materials for an inquiry, technical review, or agreed service, you authorize BioGenate and its relevant service providers to receive, store, review, and use them as reasonably necessary for that purpose, consistent with our Privacy Policy and any applicable agreement.
Submitting materials does not, by itself, authorize BioGenate to publish your identity, identifiable field information, photographs, testimonials, or identifiable trial results in advertising or public materials. Publication requires permission, including permission provided through a separate written agreement.
Any agreed confidentiality, ownership, publication, and data-use terms remain in effect. Do not submit third-party confidential information without authorization or send passwords, bank credentials, or other sensitive information through general website forms.
9. Prohibited Conduct
You may not use the website to violate applicable law, infringe another party’s rights, impersonate another person or organization, submit fraudulent information, or misrepresent your relationship with BioGenate.
You may not introduce malicious code; attempt unauthorized access to accounts, systems, or information; bypass access controls; interfere with website operation; or use website forms to transmit spam, threats, or abusive material.
You may not use automated tools in a way that unlawfully collects personal information, circumvents security measures, infringes protected rights, or materially disrupts the website.
These restrictions do not prohibit activities that applicable law expressly protects.
10. Privacy and Third-Party Resources
Our collection and handling of personal information are described in our Privacy Policy. These Terms do not replace that policy or waive any applicable privacy rights.
The website may link to independent websites, research publications, suppliers, service providers, or other third-party resources. Those resources may have their own terms and privacy notices.
A link or reference does not, by itself, constitute an endorsement of every statement, product, or service associated with the third party. BioGenate does not control independently operated websites or guarantee their availability, security, or accuracy.
Review relevant third-party terms before using their services or providing information to them.
11. Website Availability and Warranty Disclaimer
We aim to provide useful, accurate information, but website materials may contain errors, become outdated, or be temporarily unavailable.
We may update, modify, suspend, or discontinue website features for operational, security, maintenance, or business reasons, subject to applicable law and any separate contractual obligations.
To the fullest extent permitted by applicable law, the website and its general informational materials are provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose, or noninfringement.
We do not guarantee that website access will be uninterrupted, that every error will be corrected, or that the website will be free from all security risks.
This disclaimer concerns the website and general informational materials. It does not override a legally binding express warranty, an applicable product or service agreement, or rights and obligations that cannot lawfully be excluded.
12. Limitation of Liability
To the fullest extent permitted by applicable law, BioGenate and its officers, employees, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the website or its general informational materials.
This includes lost profits, lost data, or lost business opportunities where those losses are indirect or consequential.
This section applies to website-related claims. It does not replace the warranties, remedies, or responsibilities applicable to product purchases or separately agreed services.
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Any exclusion or limitation applies only to the extent permitted in the relevant jurisdiction.
13. Restricting Website Access
We may restrict or suspend access when reasonably necessary to address suspected unlawful activity, misuse, security threats, or material violations of these Terms.
Where appropriate and reasonably practicable, we may provide notice or an opportunity to address the issue. Immediate action may be necessary to protect the website, users, or other parties.
Restricting website access does not eliminate obligations under a separate agreement or prevent you from contacting us to exercise applicable legal rights.
14. Governing Law and Disputes
To the extent permitted by applicable law, these Terms and disputes relating to them are governed by the laws of the State of Iowa and applicable United States federal law, without applying conflict-of-law rules that would require a different result.
Subject to mandatory legal rights, court proceedings concerning these Terms or website use must be brought in a state or federal court located in Iowa that has jurisdiction over the dispute.
This section does not deprive you of protections that cannot be waived under the laws applicable to you, prevent a complaint to a government authority, or restrict access to another forum where applicable law does not permit that restriction.
We encourage you to contact us about a concern so that we can attempt to resolve it. Contacting us is not a mandatory prerequisite to exercising legal rights, and it does not extend or shorten any legal filing deadline.
15. Changes to These Terms
We may update these Terms to reflect changes in the website, our services, or applicable requirements.
Updated Terms will be posted on this page with a revised “Last Updated” date. We will provide additional notice or request renewed acceptance when required by applicable law.
Changes apply prospectively and do not retroactively alter an existing transaction, resolve an existing dispute on different terms, or replace a separate agreement without the acceptance required by applicable law.
16. General Provisions
If a provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the extent permitted by law.
A failure to enforce a provision on one occasion does not waive the right to enforce it later.
These Terms address website use and do not supersede a separate agreement governing a particular transaction, service, field trial, confidentiality obligation, or business relationship.
No partnership, employment, agency, or joint venture relationship is created merely by using the website.
17. Contact Us
For questions about these Terms, website content, permissions, or related concerns, contact:
BioGenate North America LLC
Attention: Website and Terms Inquiries
Clive, Iowa, United States
Email: info@biogenate.com
Telephone: 515-669-3957
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