I. General Your use of the Soil Fumigant Applicator Training Center website (“Website”) means you accept and agree to the terms of use in this agreement (“Agreement”). If you do not, you should leave this Website immediately and not use any content from the Website. We reserve the right to amend this Agreement at any time, and your continued use of the Website following any amendment shall constitute your acceptance of the amendment(s). II. U.S. EPA Approved Soil Fumigant Training Program In accordance with the Phase 2 EPA approved labels for soil fumigants containing Chloropicrin, Dazomet, Methyl Bromide, Metam Sodium, Metam Potassium, 1,3-Dichloropropene plus Chloropicrin or Iodomethane to apply the product an applicator must (1) be a Certified Applicator in accordance with your state’s program; and (2) complete an approved soil fumigant program listed on the U.S. EPA website. The online training program provided at the Website (“Training Program”) is listed on the U.S. EPA website for soil fumigant training program. If you successfully complete this Training Program, you must still follow and adhere to all other applicable federal and/or state requirements including, but not limited to, labeling requirements. This Website is owned and operated by the Soil Fumigant Registrants consisting of Chloropicrin Manufacturers Task Force, Methyl Bromide Industry Panel, Metam Task Force, AMVAC and Dow AgroSciences (collectively “We” or “Us”). We are not a government agency, representative or entity. III. Your Representations and Warranties You represent and warrant each of the following: 1. You are at least 18 years of age and have the right to enter into this Agreement; 2. All information you provide to this Website is accurate and complete; 3. You will not knowingly allow another person to claim that he/she has been trained in applying soil fumigants based on your access to this Training Program; 4. If you receive a Documentation of Completion for the Training Program, you are guaranteeing that you personally (i) completed and reviewed the applicable modules of the Training Program, and (ii) answered and completed all tests at the end of each applicable module of the Training Program; 5. You will not use the content on this Website (“Content”) in any way that is not permitted by this Agreement; 6. Your use of the Content will not violate any applicable law or regulation of any country, state, or other governmental entity; 7. Your use of the Content will not violate or infringe the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy, etc.); 8. You do not reside in any country to which export of USA products are prohibited or restricted; and 9. In the event you have any right, claim or action against any user arising out of that user's use of the Website, you will pursue such right, claim or action independently of and without recourse to Us. IV. Permitted Use of the Website 1. You may access and use the Website only in strict accordance with this Agreement, and for the sole purpose of obtaining for your individual use training, including documentation of such training, in the use and application of soil fumigants containing Chloropicrin, Dazomet, Metam Sodium, Metam Potassium, 1, 3-Dichloropropene plus Chloropicrin, Methyl Bromide and/or Iodomethane. Solely in connection with the foregoing, you may print out discrete information from the Website exclusively for your own individual and non-commercial use. 2. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as expressly authorized in this Agreement, is strictly prohibited. 3. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us and/or third parties, and that you do not acquire ownership rights in the foregoing through the use of or other involvement with the Website. V. Your User Information In using the Website you agree to the following: 1. When you register with the Website or utilize the Training Program, you accept and agree that We may collect, use and store the following information from you (collectively, “User Information”): “Contact Information” (name, address, telephone number, email address, company name, title/position, certified applicator license number); “Account Access Information” (user name and password); and “Training Information” (modules completed, test scores, certificate status). We may use and share your User Information as follows: • We may use your User Information to provide you with access to and use of the Training Program, to determine your eligibility for documentation of successful completion of the Training Program, to verify your identity when appropriate, and update your User Information; • In response to a request from the U.S. EPA or any other Federal, State or Tribal regulatory or governmental authority or representative, We may provide these entities with your Contact Information and/or Training Information. It is possible that the foregoing entities may, in turn, release to others and/or make publically available your Contact Information and/or Training Information in accordance with that entity’s policies. We are not liable or responsible for how these entities may use your Contact Information and/or Training Information. • We may provide, or grant access to, your User Information to our outside contractor(s), as may be reasonably necessary to maintain, operate, collect and store information regarding the Website, registrants of the Website, and registrants’ use of the Website and the Training Program; • Your User Information may be used and accessed by Us and our designated or authorized representatives for the purpose of evaluating, establishing, verifying, and maintaining quality control of the Website and Training Program. • In our sole discretion, we may provide or grant access to your User Information as well as disclose details of your use of the Website, in relation to any, or any threatened, court or legal proceedings or subpoena in connection with this Website including, but not limited to, use of the Website by you, anyone under your direction or control, or anyone using any of your Contact Information, whether in connection with the matters set out in this Agreement or otherwise. 2. We may keep your User Information for (i) a minimum of three (3) years from the date that you successfully complete the minimum requirement of the four general fumigation modules and at least one of the active ingredient specific modules or (ii) a minimum of one (1) year from the date you register with the Website without successfully completing at least four general and one active ingredient specific module. 3. Your User Information will not be used to promote or market any type of product or service to you and/or your company. However, the Contact Information from groups of Website users may be pooled together, and stripped of information that would identify any particular individual, for purposes of analyzing Website users to improve the Website, expand use of the Website, assess interest levels on different aspects, portions, modules of the Website and/or the Training Program, and develop research for marketing of soil fumigant products. 4. We take reasonable measures to maintain the integrity and security of your User Information as provided by and collected from you through the Website. However, as you are aware, transmission of information via the world-wide web and electronic storage of information may not always be safe and secure due to, for example, the unauthorized and/or illegal activities of others. As a result, you acknowledge that We cannot guarantee, and therefore shall not be responsible for, the security or privacy of the Website or your User Information. VI. Right to Monitor and Terminate 1. We have the right, but not the obligation, to monitor activity and content associated with the Website. We may investigate any reported violation of this Agreement or complaints and take any action that we deem appropriate (which may include, but is not limited to issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). 2. We reserve the right to terminate this Agreement, your account on and/or your access to the Website immediately if in our discretion we believe that you may be violating the Agreement or jeopardizing the integrity of the Website and/or the Training Program, or you or someone else may be abusing your username, password and/or certified applicator license number. If your account or this Agreement as to you is terminated for any reason, you lose the ability to access this Website and must delete and destroy immediately all content and materials acquired from this Website and all copies thereof. VII. Indemnity You agree to be fully responsible for (and fully indemnify Us against) all claims, liability, damages, losses, costs and expenses, including legal fees and government fines and penalties, suffered by us and arising out of any breach of the Agreement by you, any other acts or omissions and any liabilities arising in connections your use of the Website, or the use by any other person accessing the Website using your PC, internet access account, or certified applicator license number. VIII. Disclaimer of Warranties YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER IN REGARDS TO THE WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORERECTNESS, RELIABILITY, AND NONINFRINGEMENT WITH REGARD TO THE WEBSITE, AND ANY CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE, THE SERVICES OR ANY CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL CONTENT PROVIDED BY THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OMMISSION-FREE OR VIRUS-FREE OR THAT ANY SUCH DEFECTS IN THIS WEBSITE OR THE SERVICES WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OF COMPLETENESS OF THE CONTENT PROVIDED BY THIS WEBSITE OR THE SERVICES, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THIS WEBSITE AND RELATED SERVICES, AND THE INFORMATION AND CONTENT PROVIDED THEREON ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS. IX. Limitation of Liability IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE CONTENT ON THE WEBSITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS REPRESENTATIVES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES SUCH AS BUT NOT LIMITED TO, DAMAGES OF LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR THE CONTENT CONTAINED THEREIN DOWNLOADED THROUGH THIS WEB SITE (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SINCE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. X. Other Legal Information This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia. This Agreement contains the entire understanding of the parties hereto relating to the use of this Website. This Agreement supersedes any prior written or oral agreement or understanding with respect to this Website and can only be changed in writing signed by an officer of each member of the Soil Fumigant Registrants. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision herein. XI. Accessing Your User Information; Our Contact Information 1. You can access your User Information that we collect from you through the Website by sending us a request in writing to the address below. You also can update and correct factual errors in your Contact Information by sending us a request in writing that credibly shows error. 2. General contact information In you have any questions about the terms of use of this Agreement, the practices of the Website, or your dealings with the Website, you may contact us by sending a letter via U.S. mail or email to: Achieva, Inc. 416 West Main Street, Carmel, IN 46032 EMAIL HERE XII. Third Party Links We may provide links to third-party sites as a convenience to you. We do not control third party sites or links to third party sites. We are not responsible for the content of any linked sites. Links to third-party sites are not endorsements by Us of such sites. XIII. United States Government Export Controls Software from this Site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.