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Legal Notice

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

TERMS OF USE

This website is owned and operated by Agrium Advanced Technologies (U.S.) Inc. ("Agrium AT"). Access and use of this website is provided by Agrium AT to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use.

IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.

Agrium AT may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on this website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes.

CURRENCY OF WEB SITE

Agrium AT updates the information on this website periodically. However, Agrium AT cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Agrium AT may revise, supplement or delete information, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

NOT AN OFFERING OF SECURITIES

Material contained in this website is for information purposes only and is not intended to constitute an offering of securities in any jurisdiction. Information disclosed under the corporate and securities laws of those Canadian and U.S. jurisdictions applicable to Agrium AT or its affiliates is not intended to be in any way qualified, amended, modified or supplemented by the information available in, through or on this website. Due to the technical and security risks inherent on the Internet, and because the document you access may differ from the original depending on your browser software, the information set out in this website should not be used for the purpose of making investment decisions with respect to Agrium AT's or its affiliates' securities.

If you are contemplating trading in such securities, you should contact the investor relations groups in the applicable Agrium AT affiliate to obtain printed copies of the documents you wish to review.

LINKS TO THIRD-PARTY WEBSITES

Agrium AT does not control any third-party website and is therefore not responsible for the accuracy of the content of any linked third-party website or any link contained in a linked website. Agrium AT provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Agrium AT of the linked website or information contained therein. Use of such third-party website will be solely at your risk. Agrium AT will not be liable to you for any claims, losses or damages suffered resulting from or arising out of the interpretation, reliance upon or other use, authorized or unauthorized, of such website or information.

COPYRIGHT AND TRADEMARKS

All materials (including the organization and presentation of such material) on this website (the "Materials") are the property of Agrium AT and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

The Materials may only be used and copied for your own, non-commercial, personal purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way. Unless you have entered into a separate agreement with Agrium AT, any other use of these Materials without Agrium AT's written permission is prohibited.

Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this Website may constitute trade-names, trademarks or service marks of Agrium AT or its affiliates, or the use of which may have been licensed to them. The display of trademarks, trade-names or service marks on pages at this website does not imply that a license of any kind has been granted to anyone else.

INTERNET E-MAIL

Feel free to email Agrium AT at [insert e-mail address]. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Agrium AT is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that:

  • Agrium AT is has no obligation concerning such information;
  • the information is non-confidential;
  • Agrium AT is may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.
INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Agrium AT shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Agrium AT recommends that you install appropriate anti-virus or other protective software.

WEB SITE AND MATERIALS PROVIDED "AS IS"

THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AGRIUM AT DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL AGRIUM AT OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, AGRIUM AT'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GOVERNING LAW

This website is controlled, operated and administered by Agrium AT from within the Province of Alberta, Canada. This website can be accessed from Canada, the United States of America, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

GENERAL

Agrium AT's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

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(c) 2008 Agrium Advanced Technologies (U.S.) Inc.

PRECISE DESIGN, POLYON DESIGN and XCU DESIGN are trademarks owned by Agrium AT Advanced Technologies (U.S.) Inc.

AGRIUM AT ADVANCED TECHNOLOGIES DESIGN, DURATION CR DESIGN and SMARTER WAYS TO GROW are trademarks owned by Agrium AT Inc., which are being used under license. NITROFORM DESIGN and NUTRALENE DESIGN are trademarks of Nu-Gro America Corp. which are being used under license.