Please read these terms and conditions carefully before using this Website.
This Blade Energy Crops™ brand (“Blade”) website ("Site") is provided by Ceres, Inc. ("Ceres"). By accessing or displaying, viewing information or written text ("Information") provided through, or making purchases through, the Site (any of which constitute your “Use” or “Using” of the Site), you agree to abide by all of the terms and conditions set forth herein ("Terms and Conditions of Use"). Your Use of the Site constitutes your acceptance of and agreement to be bound by the Terms and Conditions of Use. If you do not agree to abide by these Terms and Conditions of Use, you must stop Using and exit the Site now.
Ceres authorizes you to Use the Site, and to view Information only for your personal use. This authorization is not a transfer of title in the Information or any copies of the Information, or to any text, graphics, logos, images, data compilations, software or other materials on or related to the Site (“Materials”), and is subject to the following restrictions: 1) you may not remove or modify any copyright, trademark, logo or any other proprietary notices affixed to any Information and/or Materials; 2) you may not modify any Information and/or Material in any way, or reproduce or publicly display, distribute or otherwise use the Information and/or Material for any public or commercial purpose; and 3) you may not transfer any Information and/or Material to any other person unless you give such person notice of, and such person agrees to accept in writing, the obligations arising under these Terms and Conditions of Use. You agree to abide by all additional restrictions displayed on the Site, as updated from time to time.
The Site, or any portion of the Site (including, without limitation, any Information and/or Materials), may not be reproduced, displayed, distributed, duplicated, copied, sold, resold, visited, or otherwise exploited for any public or commercial purposes without the express written consent of Ceres. You agree not to interrupt, impede or adversely affect the operation of the Site in any way, nor will you attempt, collaborate or conspire to do so. You agree not to use the Site, or any portion of the Site, in any unlawful or inappropriate way, or engage in any unlawful or inappropriate conduct while using the Site. Any use in violation of these provisions terminates the authorization granted by Ceres, you will no longer be permitted to Use the Site, Information and/or Materials, and Ceres will be free to seek any remedies against you that may be available at law or in equity.
The Site, Information and Materials (including, without limitation, all trademarks, trade names, brand names, logos and images displayed on the Site), are the property of Ceres or its suppliers, and protected by worldwide intellectual property laws and treaty provisions. You agree to comply with applicable patent, trademark, copyright and other intellectual property laws in your Use of the Site, Information and Materials, and to prevent any unauthorized reproduction, displaying, distribution, duplication, de-compilation or modification, or other inappropriate uses of the Site, Information and Materials.
For avoidance of doubt, Blade Energy Crops™ and the Blade logo are trademarks of Ceres. Ceres’ trademarks, trade names, brand names, logos and images, whether or not registered, may not be used in connection with any product or service without prior written consent of Ceres. Except as expressly provided herein, Ceres does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Any unauthorized use terminates the permission or license granted by Ceres, you will no longer be permitted to Use the Site, Information and/or Materials, and Ceres will be free to seek any remedies against you that may be available at law or in equity.
If you Use this Site, you are responsible for maintaining the confidentiality of any account and password established by or provided to you. You agree to accept responsibility for all activities that occur under any such account(s) and password(s). Ceres reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
Submission of Material
You agree not to send any confidential or proprietary material to Ceres via the Site. You agree that any material that you or individuals acting on your behalf provide to Ceres will not be considered confidential or proprietary. By providing any such material to Ceres, you grant to Ceres an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publish, transmit and distribute such material, and you further agree that Ceres is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Ceres. You further understand and acknowledge that Ceres does not want you to, and you warrant that you shall not, provide any material to Ceres that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of any other party.
Forums, E-Mail and Public Communication
This Site may include forums, chat rooms, e-mail function, or other areas (collectively “Forums”), where users can post or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages”) with other users of the Site or the Internet. In no event shall Ceres assume or have any responsibility or liability for any Messages posted on Forums or for any claims, damages or losses resulting from their use or appearance on the Site. Children under the age of 18 are not authorized to post messages or participate in Forums on the Site.
Ceres does not control Messages delivered to Forums, and Ceres has no obligation to monitor such Forums. If at any time Ceres chooses, in its sole discretion, to monitor the Forums, Ceres nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.
The Messages do not necessarily reflect the views of Ceres and are not necessarily reviewed prior to posting. Ceres makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy or reliability of any Messages and other materials in the Forums. Ceres reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Forums) as necessary to satisfy any law, regulation, or governmental request. Further, Ceres reserves the right to restrict, prohibit your Use, and remove or edit Messages from any Forum at any time, for any reason.
By posting Messages (including but not limited to acts of uploading files, inputting data, or engaging in any other form of communication) through Forums, you are granting Ceres a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed throughout the universe, and that all so-called “moral rights” to such Messages have been waived. This grant of rights means that such Messages will be owned by Ceres, and may be used without any payment to, or further authorization by you. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
Rules of Conduct
It is a condition of your Use of Forums and the Site that you do not:
Use any Forums or the Site for any illegal purposes (or to solicit any illegal act) including, but not limited to, violating applicable antitrust laws and regulations.
Restrict or inhibit any other user from using or enjoying the Forums or the Site;
Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
Post or transmit any Message with bigoted, hateful, or racially offensive statements;
Post any Message that solicits gambling or engage in any gambling activity;
Transmit or upload any information, software or other material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rightful holder;
Post or distribute any software or other materials that contain a virus or other harmful component;
Advertise or sell or solicit to others;
Use the Site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes;
Try to gain unauthorized access to the Site, other users’ accounts, or computers connected to the Site though password mining or other means; or
Interfere with another user’s Use and enjoyment of the Site or any other individual’s Use and enjoyment of related services
If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Third Party Links
As a convenience to you, the Site may include links to websites operated by other entities (“Linked Websites”). If you access or use these Linked Websites, you will leave the Site. If you decide to visit any Linked Website, you do so at your own risk and Ceres will not be responsible for the content, products or security of these Linked Websites. Ceres makes no warranty or representation regarding any Linked Websites and will have no liability arising out of or related to Linked Websites, nor for any damages or loss caused or alleged to have been caused by or in connection with any purchase, use or reliance on the content, products or services available on or through such Linked Websites. Links do not imply that Ceres or the Site sponsors, endorses, is affiliated or associated with the entities operating the Linked Websites, or is legally authorized to use any trademark, trade name, brand name, logo, image or symbol displayed in or accessible through the links or Linked Websites, or that any Linked Website is authorized to use any trademark, trade name, brand name, logo, image or symbol, whether of Ceres or Blade or otherwise.
Ceres attempts to be as accurate as possible in its product and services descriptions. However, Ceres does not warrant that product and services descriptions or other content of this Site will be accurate, complete, reliable, current or error-free. Further, all products and services purchased from Ceres are made pursuant to the Ceres Seed Use Agreement, which will set forth the terms and conditions of purchases you will make from Ceres. Your agreement to the Ceres Seed Use Agreement in connection with any purchase of products and/or services does not relieve you from any of the terms and conditions set forth in these Terms and Conditions of Use.
Limitation of Liability; Disclaimer
IN NO EVENT SHALL CERES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS BE LIABLE TO ANY PERSON OR ENTITY UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR THEORY OF DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, OR ANY LINKS OR LINKED WEBSITES, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE, AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, IS PROVIDED BY CERES ON AN "AS IS" AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CERES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE, AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU HEREBY AGREE THAT USE OF THE SITE AND RELATED OR ACCESSIBLE INFORMATION, MATERIALS, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE SITE, INFORMATION AND/OR MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL OR OTHER ERRORS. CERES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR ANYTHING MADE AVAILABLE ON OR THROUGH THE SITE, OR THE RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED, DISTRIBUTED OR ACCESSED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. CERES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CERES MAY MAKE ANY OTHER CHANGES TO THE SITE AND THE INFORMATION AT ANY TIME WITH OR WITHOUT NOTICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, ANY OF THE FOREGOING DISCLAIMERS THAT WOULD NOT BE ALLOWED IN THAT JURISIDCTION MAY NOT APPLY TO YOU.
Site Availability and Changes
The Site may be unavailable from time to time due to mechanical, technical, software, hardware or third party vendor failures, updating, maintenance or construction. Ceres cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Ceres may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Ceres may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Ceres may terminate the authorization, rights and license given above at any time, and, upon such termination, you agree immediately to cease Using the Site and to destroy any and all Information and Materials you have ever obtained through the Site.
The Site may contain forward-looking statements, including statements about Ceres’ beliefs and expectations and/or the Blade products and services. These statements are based on current plans, estimates and projections, and therefore readers (including you) should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside Ceres’ control. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.
Changes to these Terms and Conditions of Use
Ceres reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes to these Terms and Conditions of Use will be effective immediately upon posting to the Site. Your continued use of the Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of such changes and agreement to be bound by Terms and Conditions as modified.
Site Policies and Severability
International Users and Choice of Law
The Site is controlled, operated and administered from offices within the United States of America. Ceres makes no representation that the Site, or any of the Information, Materials, Products or Services, are appropriate or available for use at locations outside of the United States. Access to the Site, or the Information and Materials, from territories where the Site or its content is illegal is prohibited. You may not use or export the Site, Information, Materials, Products or Services in violation of U.S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws, rules and regulations.
These Terms and Conditions of Use, and our other policies posted on the Site, shall be governed by the laws of the State of California, U.S.A., without giving effect to its conflict of laws provisions.
Ceres understands the importance of protecting the privacy of information obtained from visitors to our Site. When you Use the Site or send e-mails to us, you are communicating with us electronically. Information obtained and gathered from visitors to the Site may be used for Blade or Ceres marketing purposes, including notification of promotions, news and events, offers, and outreach by local field offices.You must notify Ceres in writing if you do not wish for your information to be used for Ceres marketing purposes.
What information does Ceres capture about visitors to the Site?
The Site collects two basic types of information: (1) general browsing information, which we use as data in the aggregate, and (2) information that can identify you as a specific individual, such as your name, telephone number, or e-mail address, which is voluntarily provided. This information is collected in order to help us improve our Site, products and services to meet the needs and interests of our customers, including without limitation in the following ways:
- General browsing information: Anytime you visit the Site, certain non-personally identifiable information is gathered regarding the means you use to access the Site. This non-personally identifiable information includes the date and time of your visit, your referring address (the location from which you come to our Site), your type of Internet browser, and your IP address. We use this information to monitor usage of our Site, determine which areas of the Site are most frequently visited and to tailor the Site to the needs and interests of our Site visitors
- Personal information voluntarily provided: We gather information you voluntarily provide to us, such as your first and last name, contact phone number(s), shipping address, e-mail address and credit card account information, when you request information about a product or service, make a purchase, sign up for the Blade mailing list, voluntarily complete a survey or participate in any sweepstakes or contest.
- Registration: To take advantage of certain aspects of our services, such as subscription to the Blade mailing list or to check current or past order status, you may wish to register on the Site. In the registration process, we request certain information, such as your contact information, the nature and location of your business and other demographic information, so we can provide you with the communications you request, customize your Site experience and customize our contacts with you.
How does Ceres use the information?
The information collected by Ceres helps us serve you better, particularly through providing you with valuable information relating to our research and product development. We may also use the information collected for the following purposes:
- To better understand your needs and preferences, to improve upon the development, advertising, marketing, and/or delivery of our Site, Information, products and services.
- To conduct surveys, research and evaluations.
- To contact you, if needed, while processing an order for a product or service you requested through our Site.
- To tailor your experience on the Site to your interests and geographic region.
- Ceres may be required by law enforcement or judicial authorities to provide information on individual users to the appropriate governmental authorities.
- In matters involving a danger to personal or public safety, Ceres may voluntarily provide information to appropriate governmental authorities.
- If you enter a sweepstakes or contest, you agree we or the sweepstakes sponsor may use your name, address (city and state only), likeness, image, photograph and/or voice, and statements or survey responses, in relation to announcing and promoting the winners of the sweepstakes or contest or in connection with other advertising and promotional purposes. See the official rules of the sweepstakes you are entering for additional information.
Please note that while Ceres will use the e-mail address provided as part of a product purchase made through the Site to send an order confirmation, this e-mail order confirmation will not contain personally identifiable credit card information provided in connection with the order.
Does Ceres shares the information it collects with third parties?
Does Ceres use cookie technology?
What happens when I leave your site to visit a linked site?
When you leave the Site to visit a linked web site (“Linked Website”), the only information Ceres transfers to the third party is the fact that you came from our Site (the referring address). This practice allows the third-party to monitor its own website traffic, but does not provide them with any information about you. Ceres is not responsible or liable for the independent privacy policies of the Linked Websites. You should consult the privacy policies at the Linked Websites to determine how your information may be used by them.
Policy on Children
The Children's Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. To ensure compliance with this law, Ceres does not knowingly collect or maintain information provided by children under the age of 13. Ceres does not sell products or services for purchase by children, and we ask that minors (under the age of 18) do not submit any personal information to us. If we learn that we have inadvertently collected personal information from a child we will make all reasonable efforts to delete that data from our records.
What if a dispute arises related to this policy?
In the event that any dispute arising out of or related to this policy is not settled by the parties, the parties will attempt in good faith to resolve such dispute by non-binding mediation in accordance with the American Arbitration Association Commercial Mediation Rules. No litigation for the resolution of such dispute may be commenced until the parties try in good faith to settle the dispute by such mediation in accordance with such rules and either party has concluded in good faith that amicable resolution through continued mediation of the matter does not appear likely. The parties to the mediation shall share in the costs of mediation equally. Any settlement reached by mediation shall be recorded in writing, signed by the parties, and shall be binding on them.
If you are visiting the Site from a location outside of the United States, your connection will be through and to web servers in the United States. Any information you provide during your visit will be processed and maintained on our web servers and/or other internal systems located within the United States. Access to the Site or the information contained therein from territories where the content of the Site is illegal is prohibited.
How do I contact Ceres?
1535 Rancho Conejo Blvd.
Thousand Oaks, CA 91320
Attn: Corporate Communications Manager