CARGILL AGHORIZONS ON-LINE ACCESS AGREEMENT I. INTRODUCTION Welcome to CargillAgHorizons.com. By accessing the Cargill AgHorizons website (the “Site”), your access to on-line services or information provided by Cargill, Incorporated or its affiliates shall be exclusively governed by the terms and conditions set forth in this On-Line Access Agreement (the “Agreement”). You should read these conditions carefully. Before continuing to access the Site, you will be requested to either accept or decline the terms and conditions to this Agreement by clicking on either the “I Accept” or “I Decline” button at the bottom of this Agreement. Access to the Site is conditioned upon your acceptance to the terms of this Agreement. Cargill is happy to offer access to this Site to its customers and prospective customers without any access charges or fees. Cargill reserves the right to modify, enhance or discontinue the Cargill AgHorizons’ Site without notice at any time. The most current version of the terms and conditions governing your access to and use of the Site may viewed at by clicking on the “Legal Info” hot button when visiting the Site. II. PURPOSE OF CARGILLAGHORIZONS.COM CargillAgHorizons.com is intended to share a variety of timely and useful agricultural information with Cargill’s customers and prospective customers, including information such as local grain bids; account information; information concerning local and world agricultural markets; weather; various products and services offered by Cargill; agronomic information; farm management issues and other topics and stories which we believe may be useful to those who visit our Site. As with most Internet sites, CargillAgHorizons.com will not remain static and intends to evolve over time based on Cargill’s requirements and the feedback received from you and other users of the Site. III. PRIVACY POLICY Your privacy is important to Cargill, and it is our policy to respect the privacy of its on-line visitors. Cargill may use technology to obtain non-personal information from on-line visitors in order to improve the on-line experience, such as tracking the total number of visitors to our site. In addition, Cargill only gathers personally identifiable data, such as names, addresses and e-mail addresses, etc., when voluntarily submitted by a visitor. For example, personally identifiable information may be requested by Cargill in order to respond to a request for a subscription to a company newsletter. It is Cargill's policy to use personally identifiable information for Cargill's internal business purposes only. Such information will not be shared or sold to third parties. Cargill's privacy policy may be changed without notice, although changes will not be applied retroactively. You can continue to find Cargill's privacy policy at this site or you may contact us with any questions at public_relations @cargill.com. IV. USER IDENTIFICATION CODES AND PASSWORDS CargillAgHorizons.com is intended for Cargill’s current and prospective customers. Prior to accessing the Site, Cargill will require that you register to obtain both a User Identification Code (“User ID”) and Password which will provide you the right to access to the Site. Each time you desire to access the Site you will be requested to enter your User ID and Password, so we recommend that you maintain this information in a safe and convenient location. Cargill will not disclose your User ID or Password to third parties, and you agree that you will maintain such information as confidential and will not permit others to sign onto the Site through the use of the User ID and Password assigned to you. After receiving your original User ID and Password, you may be allowed to change them to your personal preferences in accordance with the instructions provided to you at that time. Unless information contained on the Site is otherwise public information, all content contained on the Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format and layout, etc. (hereafter collectively called the “Confidential Information”), and you agree not to disclose the Confidential Information to any third parties. The User ID and Password is personal for your use only, and any violation of the terms of this Agreement shall permit Cargill to deny you further access to the Site. For security reasons, failing to access the Site for a certain period of time may result in the termination of access to the Site through the use of your assigned User ID and Password. If such instance occurs, you will be notified when attempting to logon, and will be requested to re-submit an application to obtain a new User ID and Password. V. E-MAIL You may communicate with Cargill via E-Mail at the addresses which you may identify while viewing the Site. Unless otherwise expressly noted, use of E-Mail is for communication purposes only, and no transactions shall be consummated through the use of E-Mail. To enter into any transactions with Cargill, you should contact your local Cargill representative who will answer any questions you may have. VI. DISCLAIMERS AND LIMITATION OF LIABILITY The information provided to you through the Site is “AS-IS” and without any warranties or assurances of any kind by Cargill. Some of the information which you may view is being provided to Cargill by third parties who have granted Cargill permission to publish on the Site. To the extent possible, Cargill attempts to identify sources of third-party information published on the Site. Cargill expressly disclaims any warranties of any kind related to the information contained on this Site, whether express or implied, including but not limited to, any advice or recommendations which may be contained on the Site, and the IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TITLE OR SECURITY. You agree to indemnify and hold Cargill harmless from and against any losses, liabilities and/or damages incurred by you or any third party through the use of your User ID and Password in using use the Site or the reliance upon any information or content whic h may be published, from time to time, on the Site by Cargill. In the event you lose your User ID or Password or such information becomes available to any third party not within your immediate family, you agree to notify Cargill so that we can disengage access to the Site under the old User ID and Password and issue you a new User ID and Password. Neither Cargill nor any Internet service providers shall be responsible for any claim for any loss, property damage or bodily injury resulting from your use or reliance of the Site or any information which may be published on the Site, whether such claim arises in contract, tort, strict liability or otherwise, and you expressly acknowledge that Cargill shall not be liable to you or any third parties for any direct, indirect, special, incidental, consequential, economic, exemplary or punitive damages of any kind whatsoever resulting from any access to the Site by you or any third parties. VII. HOURS OF ACCESSIBILITY After having received your User ID and Password, you are free to access the Site any time, seven days a week, 24 hours a day. Cargill does not guarantee any minimum uptime for the Site, and there may be times where the Site may be down for routine maintenance or, in some circumstances, system failure. VIII. LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflicts of law principles. IX. NEW PRODUCTS AND SERVICES; ELECTRONIC TRANSACTIONS From time to time Cargill may introduce new products and services which may be offered to you and Cargill’s other customers and may invite you to engage in electronic transactions where such goods and/or services may be ordered by you. To the extent any e-commerce is engaged in between Cargill and you, terms and conditions which Supplement this Agreement will be provided to you at the time of your first transaction whereby you will be requested to acknowledge your acceptance of such terms prior to entering into such transaction. IX. TRADEMARKS AND LOGOS All trademarks and logos contained on the Site are the property of Cargill or its third-party information providers, and you agree that you will not copy or use marks or logos without the prior written consent of Cargill or the applicable third-party information source, as the case may be. X. ARBITRATION Unless otherwise expressly noted, any disputes between Cargill and you under this Agreement shall be finally resolved by a panel of three arbitrators in accordance with the rules then in effect of the American Arbitration Association and shall take place in Minneapolis, Minnesota. The award of any arbitration panel shall be final and binding on the parties. XI. GENERAL INFORMATION This Agreement constitutes the entire Agreement between you and Cargill governing your use of the Cargill AgHorizons’ Site, and shall supersede any prior agreements between you and Cargill concerning this subject matter. The failure of Cargill to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court or arbitration panel to be invalid or unenforceable, the parties nevertheless agree that the court or arbitration panel shall endeavor to give effect to the parties’ intentions as reflected in this Agreement, and the other provisions of this Agreement shall remain in full force and effect. I HAVE READ THE TERMS AND CONDITIONS SET FORTH ABOVE, I UNDERSTAND THEIR CONTENT, AND I AGREE TO BE EXCLUSIVELY BOUND BY THEIR TERMS. I UNDERSTAND THAT IF I DO NOT AGREE WITH THE FOREGOING TERMS THAT I MAY CLICK THE “I DECLINE” BUTTON BELOW AND THAT I WILL NOT BE PROVIDED ACCESS TO THE CARGILL AGHORIZONS WEBSITE.