Bunge - Terms of Use and Privacy Policy

Last Updated: October 2009

Welcome to the website for Bunge Limited (“Bunge”). Use of this website, including use of any information, products or services presented in any area of this website, is offered to you upon your acceptance of these Terms of Use, our Privacy Policy and other notices posted on this website. Your use of this website, or of any information, products or services presented in any area of this website, indicates your acknowledgment and acceptance of, and your agreement to follow and be bound by, these Terms of Use, our Privacy Policy and other notices posted on this website. We suggest you print a copy of each of these documents for your records.

Modification of These Terms of Use

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our website. Because your continued use and access to this site constitutes your acceptance of these changes, we encourage you to check this website from time to time.

Use Restrictions

You may not download, modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate this website, its contents, or any portion thereof in any form or by any means (electronic, mechanical, photocopying or otherwise), except with our express written consent. No right, title or interest in any downloaded materials is transferred to you as a result of downloading. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

Passwords

To use certain services available on our site, you may be required to register with us. When registering, you agree to provide complete and accurate information about yourself and to update such information as it changes. When you register, you may receive a user name and/or password. You are solely responsible for maintaining the security and confidentiality of your account and password, and agree to be responsible for all activities that occur under your account or password. Bunge is not responsible for any loss or liability that may arise as a result of the unauthorized use of your password. If your password is lost or stolen, it is your responsibility to notify Bunge so that the missing password can be deactivated and a new one assigned.

Disclaimer

WE HAVE MADE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE AND TIMELY INFORMATION THROUGH OUR WEBSITE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON, DOWNLOADED OR ACCESSED FROM THIS WEBSITE.

EXCEPT AS OTHERWISE EXPRESSLY INDICATED ON OUR WEBSITE, THE PERFORMANCE OF OUR WEBSITE AND ALL INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE ON OUR WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND (TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW), INCLUDING ANY IMPLIED WARRANTIES OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR SYSTEM INTEGRATION. EXCEPT AS OTHERWISE EXPRESSLY INDICATED ON OUR WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT OUR WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES ACCESSED FROM OR AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR FREE (OR CORRECTED IN THE EVENT OF DISCOVERY OF ANY ERRORS), SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM ACCESSING, DOWNLOADING, OR USING ANY MATERIALS FROM OUR WEBSITE.

WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, DISABLE ACCESS TO, OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY PART OR ALL OF OUR WEBSITE OR ANY CONTENT CONTAINED THEREON, WITHOUT LIABILITY OR NOTICE TO YOU.

Limitation of Liability

AS A VISITOR TO OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY RELIANCE BY YOU ON ANY INFORMATION AVAILABLE ON THIS WEBSITE, SHALL BE AT YOUR OWN RISK. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OR THE PERFORMANCE OF THIS WEBSITE, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, EVEN IF BUNGE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Representations and Warranties by User; Indemnification by User

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to legally obligate yourself to these Terms of Use. You represent and warrant that all information that you provide through your use of this website (and all services accessed from or available on this website) is correct, and that you have the legal right and authority to provide such information. You represent and warrant that you will use this website in accordance with these Terms of Use and all applicable laws.

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites

Links to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

The trademark BUNGE and all other trademarks and service marks of Bunge, whether registered or unregistered, including but not limited to graphics, logos, “look and feel,” and trade dress, are and shall remain the property of Bunge and its subsidiaries, and are protected by United States and international trademark laws, and any use of these trademarks and service marks is prohibited without the prior written consent of Bunge. Other trademarks on this website are the property of their respective owners. Bunge makes no representations about them, their owners, their products or their services.

All content on this website, and the compilation thereof, is the property of Bunge (or, in certain cases, other users of this website or third party content providers) and is protected by United States and international copyright law. Information on this website may be used by you only for your personal use or internal non-commercial use of the business you represent, as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve any rights not expressly granted to you.

Forward-Looking Statements

Materials contained in (or directly accessible from) this website may contain information that is, or may be deemed to be, forward-looking statements. All statements, other than statements of historical fact, are, or may be deemed to be, forward-looking statements within the meaning of section 27A of the Securities Act of 1933, as amended, and section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts, but rather reflect Bunge’s current expectations and projections concerning future results, performance, prospects, opportunities and events. Similarly, statements that describe our objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of Bunge to be different from any future results, performance and achievements expressed or implied by these statements. These risks, uncertainties and other factors are described in Bunge’s filings with the Securities and Exchange Commission, including but not limited to Bunge’s most recent Annual Report on Form 10-K and Quarterly Reports on Form 10-Q filed thereafter. The forward-looking statements included in this website are dated as of the date originally issued or indicated on the material and may no longer be accurate and complete, and, under section 27A of the Securities Act and section 21E of the Exchange Act, Bunge does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances. Bunge does not assume any duty of disclosure beyond that which is imposed by law, and expressly disclaims any duty to update, supplement, correct or modify any information that is time sensitive, including press releases or company filings with the Securities and Exchange Commission.

General

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. without reference to its choice of law rules and provisions. The parties consent to the exclusive jurisdiction and venue of the courts in New York, New York, U.S.A regarding any and all disputes relating to these Terms of Use or your use of this website.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. These Terms of Use shall be effective unless and until terminated at any time. We may assign this agreement to any party without notice thereof to you.

Jump to Terms of Use

Last Updated: October 2009

Bunge Limited (“Bunge”) respects the privacy of the visitors to its website. In order to view our site, it is not necessary that you provide us with any personally identifiable information about yourself, although access and use of certain content on our site does require that you provide personally identifiable information. We recognize that many visitors to our site are concerned about the information they may provide to us, and how we treat that information. In the following paragraphs, we describe the types of information collected on our website (which include both personally identifiable and aggregate information), how we treat it, why we collect it, and our policies relating to disclosure to third parties.

By using our website, you consent to the collection, use and disclosure of your information, including your personally identifiable information, by Bunge in accordance with the terms of our Privacy Policy in effect at that time. Please also see our website’s Terms of Use for other terms and conditions governing your use of our website and our products and services. You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of this Privacy Policy without prior notice or liability to you. Any changes to this Privacy Policy shall be effective immediately following the posting of such changes on our website. For this reason, we encourage you to check this Privacy Policy from time to time.

Personally Identifiable Information

What is Personally Identifiable Information and Why Do We Collect It? Personally identifiable information, such as names, addresses, telephone numbers, email addresses, and other personal information, is collected only from those individuals who provide it to us voluntarily, such as by registering at our site. You may be asked to provide personal information at other times during your use of our site, including when you conduct a transaction. The primary reasons that we collect personally identifiable information are to provide access to certain content and services, contact you, and understand the use of our site.

Do We Share Your Personally Identifiable Information With Anyone? We may share your personally identifiable information with Bunge’s operating units and other affiliates. Other than as provided in this Privacy Policy, Bunge will not disclose, sell or share any of your personally identifiable information with any unrelated third parties (with the exception of third parties performing functions on our behalf who have an obligation to keep your information confidential or a third party who acquires ownership or control of our business) unless we have your permission to do so. We may, however, disclose some information if we believe in good faith that it is necessary to prevent a crime, an injury to or interference with Bunge’s rights or property, or the rights or property of a third party. We may also disclose information if we believe in good faith that the law requires it, to take precautions against legal liability and/or to comply with a judicial proceeding, court order or legal process.

Aggregate Information

What Is Aggregate Information? Aggregate information, which does not contain any personally identifying information, is collected on an ongoing basis, and relates to the number of visitors to the website, which pages they access, what information they download, the type of browser and operating system used, the name of the internet service provider, etc. When you visit the website, we may automatically collect this information from you, and aggregate it with similar information collected from other visitors. This information does not identify you personally.

Why Do We Collect Aggregate Information? The primary reason that we collect this information is to understand the use of our website and make improvements. We want to provide you with the best possible experience when using our website. With this information, we may be able to customize sessions to best meet your needs. In addition, we may be able to identify and address problems more quickly and with little disruption, and ensure the security and integrity of our website. We may provide non-personal, summary, or aggregate visitor data to partners and other third parties at our discretion.

Do We Use ‘Cookies?’ Like many companies, Bunge may use “cookie” technology to collect aggregate information. Cookies are tiny elements of data that a site can send to a browser, which may then be stored on your hard drive so we can recognize you when you return. Cookies can enhance your online experience by saving your preferences while you are visiting our website. They do not contain any personally identifiable information. You may be able to set your browser to notify you when you receive a cookie, or to disable cookies altogether.

Third Party Content

When you are on the website, certain content may be served by a third party. These third parties may also drop their own cookies, which may be used to identify some of your preferences or to recognize you if you have previously had contact with those third parties. We do not control the use of such technology by third parties, the information they collect, or how they use such information.

Security Precautions; Confidentiality and Transmissions over the Internet

If you have an account through Bunge, your account is password-protected so that only you, or a party you authorize, can access it and view your personal information. To protect your privacy, you should not give your password to anyone else. Remember to log out and close the window when you have finished with the website. This helps to ensure that no one with whom you may share a computer can access your information.

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the submission of any of your information to us (including your personal information). We advise against using this website to send private or confidential information to us.

Third Party Websites

This website contains links to other websites, including other websites within the Bunge family, whose information practices may be different from ours. Visitors should consult the specific privacy policies posted on these sites when linking to them.

Use by Children

We do not intend to collect any personally identifiable information from children through our website. Please do not allow children under the age of 13 to provide any personally identifiable information. We recognize that protecting children’s identities and privacy online is important and the responsibility to do so rests with both the online industry and with the parents. If you become aware that such information has been provided by a child under 13, please send us an email at BGE.comm@bunge.com so we can delete this information. Individuals under eighteen (18) should consult with a parent or guardian about the use of this website.

Consent to Transfer

The website is located in the United States. Your personally identifiable information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the website or providing us with your information, you consent to this transfer.

How Do You Update Your Information or Opt-Out?

If you wish to access, remove or correct any personally identifiable information you have provided to us, or if you wish to stop receiving certain types of information from us, you may do so by sending an email to BGE.comm@bunge.com.