Terms and Conditions

Effective Date: August 31, 2026

Last Updated: August 31, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, AND PROVISIONS GOVERNING DISPUTES.

These Terms of Use (“Terms”) govern your access to and use of the websites, online services, digital platforms, product finders, interactive tools, communications, and other services owned or operated by Bonide Products LLC (“Bonide,” “we,” “us,” or “our”) that link to these Terms.

These Terms apply to websites and online services associated with Bonide and its brands, including Bonide®, Captain Jack’s™, Revenge®, and any other website, mobile website, online service, or digital platform that links to these Terms. Collectively, these websites and services are referred to as the “Online Services.”

The Online Services are offered and available to individuals who are at least eighteen years old or have reached the age of majority in their jurisdiction, whichever is greater. By accessing or using the Online Services, you represent and warrant that you have the legal capacity to enter into a binding agreement and satisfy these eligibility requirements. If you do not satisfy these requirements, you must not access or use the Online Services.

These Terms, together with any documents expressly incorporated by reference, govern your access to and use of the Online Services, including all content, functionality, and services offered through them. These Terms constitute a binding legal agreement between you and Bonide.

By accessing or using the Online Services, including by submitting information, using an interactive feature, or clicking to accept or agree to these Terms where that option is made available, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Online Services.

1. Acceptance of the Terms

Please read these Terms carefully before accessing or using the Online Services. By accessing or using the Online Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) and any documents expressly incorporated herein by reference. These Terms constitute a legally binding agreement between you and Bonide Products LLC (“Bonide,” “we,” “us,” or “our”) governing your access to and use of the Online Services.

You accept these Terms by:

accessing or using the Online Services;
clicking to accept or agree to these Terms where that option is made available;
submitting information, content, or other materials through the Online Services; or
otherwise interacting with the Online Services in a manner that manifests your acceptance of these Terms.

If you do not agree to these Terms, you must not access or use the Online Services.

If you access or use the Online Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” include both you and that entity.

Your use of the Online Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

2. Changes to the Terms

We may modify or update these Terms from time to time to reflect changes in our business practices, the Online Services, applicable law, or for other operational, legal, or regulatory reasons.
When we make changes, we will update the “Last Updated” date at the beginning of these Terms. If we make material changes to these Terms, we may also provide additional notice where appropriate, such as by posting a notice on the Online Services or, if applicable, by notifying registered users through available contact information. Unless otherwise stated, revised Terms become effective upon posting to the Online Services.
By continuing to access or use the Online Services after the revised Terms become effective, you agree to be bound by the revised Terms to the fullest extent permitted by applicable law. If you do not agree to the revised Terms, you must immediately discontinue your access to and use of the Online Services. We encourage you to review these Terms periodically so that you remain informed of any updates.

3. Electronic Communications

By accessing or using the Online Services, you consent to receive notices, disclosures, agreements, amendments, records, and other communications relating to the Online Services or these Terms electronically, including by email, by posting on the Online Services, or by other electronic means made available by Bonide. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing and have the same force and effect as if provided in paper form, to the fullest extent permitted by applicable law. You are responsible for maintaining a current and accurate email address and for ensuring that you can receive electronic communications from Bonide. If you withdraw your consent to receive electronic communications where such withdrawal is permitted by applicable law, your access to certain Online Services may be limited or terminated.

4. Access to the Online Services

We reserve the right to modify, suspend, discontinue, or restrict access to all or any portion of the Online Services, including any content, functionality, feature, or service, at any time and without prior notice. We will not be liable if, for any reason, all or any part of the Online Services is unavailable at any time or for any period. You are responsible for ensuring that your access to and use of the Online Services complies with all applicable laws and regulations. You are responsible for obtaining and maintaining the equipment, software, internet connection, and other services necessary to access and use the Online Services. You are also responsible for ensuring that anyone who accesses the Online Services through your internet connection complies with these Terms. Certain features of the Online Services may require you to submit information, register for an account, or otherwise provide personal information. You agree that all information you provide to us will be accurate, current, and complete, and you agree to promptly update such information as necessary. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
If we permit you to create an account, you are responsible for maintaining the confidentiality of your username, password, and any other login credentials. You are responsible for all activities that occur under your account and agree to notify us promptly of any unauthorized access to or use of your account or any other security breach.
You may not share your account credentials with any other person or permit another person to access the Online Services through your account, except as expressly authorized by us.

We reserve the right to suspend, restrict, terminate, or permanently disable access to the Online Services, including any user account, at any time if we reasonably believe you have violated these Terms, engaged in unlawful, fraudulent, or abusive activity, compromised the security or integrity of the Online Services, provided false or misleading information, or for any other legitimate business, operational, or legal reason.
Termination or suspension of your access to the Online Services does not limit any other rights or remedies available to Bonide under these Terms or applicable law.

5. Intellectual Property

The Online Services, including all content, features, functionality, software, text, graphics, photographs, images, videos, audio, product information, product labels, articles, educational materials, logos, trademarks, service marks, trade dress, designs, and the selection, coordination, and arrangement thereof (collectively, the “Content”), are owned by or licensed to Bonide Products LLC (“Bonide”), its affiliates, licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
Except as expressly provided in these Terms, no right, title, or interest in the Online Services or any Content is transferred to you, and all rights not expressly granted are reserved by Bonide.
Subject to your compliance with these Terms, Bonide grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Online Services and to view the Content solely for your personal, lawful, and non-commercial use.
Except as expressly permitted by applicable law or these Terms, you may not copy, reproduce, modify, distribute, publish, display, perform, transmit, create derivative works from, sell, license, reverse engineer, decompile, scrape, data mine, or otherwise exploit any portion of the Online Services or the Content without Bonide’s prior written consent. The Bonide name, the Revenge® brand, and all related trademarks, service marks, logos, trade dress, product names, and other source identifiers displayed on the Online Services are the property of Bonide or their respective owners. Nothing contained in these Terms or the Online Services grants you any license or right to use any trademark, logo, or trade dress without the prior written permission of the applicable owner.

6. Limited License

Subject to your compliance with these Terms, Bonide grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Online Services solely for your personal, lawful, and non-commercial use.

You may:

access and view the Online Services using a compatible web browser or device;
temporarily store copies of Content in your device’s memory as incidental to accessing or viewing the Online Services;
cache files automatically generated by your web browser;
print or download a reasonable number of pages solely for your personal, lawful, and non-commercial use; and
use any sharing or social media features that we expressly make available through the Online Services.

Except as expressly permitted by these Terms or applicable law, you may not:

copy, reproduce, distribute, publish, display, perform, transmit, sell, license, lease, or otherwise exploit any Content;
modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, or otherwise alter the Online Services or any Content;
use any robot, spider, scraper, crawler, artificial intelligence tool, automated script, bot, or other automated means to access, monitor, copy, extract, collect, index, or data mine any portion of the Online Services or the Content without our prior written consent;
remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in the Online Services or the Content;
use any Content for any commercial, competitive, or revenue-generating purpose without our prior written consent;
use Bonide’s trademarks, logos, product names, trade dress, or other branding without our prior written consent;
reproduce, modify, distribute, or display any product label, product image, safety information, or marketing material in a manner that is misleading, inconsistent with applicable law, or likely to cause confusion regarding the source, identity, approval, or characteristics of any product;
interfere with, disrupt, damage, disable, overburden, or impair the operation or security of the Online Services or attempt to gain unauthorized access to any portion of the Online Services, our systems, or networks;
use the Online Services or any Content to develop, market, advertise, or support competing products or services; or
use the Online Services in any manner that infringes, misappropriates, or otherwise violates the intellectual property or other rights of Bonide or any third party.

Except for the limited license expressly granted in this Section, no license or other rights are granted by implication, estoppel, or otherwise.

Any use of the Online Services or the Content not expressly authorized by these Terms is prohibited and may violate applicable intellectual property and other laws. Bonide reserves the right to revoke this limited license at any time if you fail to comply with these Terms. Upon termination of your right to use the Online Services, you must immediately cease all use of the Online Services and any Content except as otherwise expressly permitted by these Terms.

7. Trademarks

Bonide®, Captain Jack’s™, Revenge®, and all other trademarks, service marks, trade names, logos, product names, slogans, trade dress, and other branding appearing on the Online Services (collectively, the “Marks“) are owned by Bonide Products LLC, its affiliates, licensors, or their respective owners, unless otherwise indicated. The Marks are protected by United States and international trademark and other intellectual property laws.

Nothing contained in the Online Services or these Terms grants you any ownership interest in, license to, or other right to use any Mark except as expressly authorized in writing by the applicable owner. You may not use, reproduce, display, distribute, modify, imitate, register, incorporate into any domain name, social media account, username, advertising, or other branding, or otherwise exploit any Mark in any manner that:

is likely to cause confusion regarding the source, sponsorship, affiliation, or endorsement of any person, product, or service;
dilutes, tarnishes, or otherwise impairs the distinctiveness or value of any Mark;
is misleading, deceptive, unlawful, or otherwise infringes or misappropriates the rights of Bonide or any third party; or
suggests that Bonide endorses or sponsors any product, service, website, or activity when it does not.

All goodwill arising from any authorized use of Bonide’s Marks shall inure solely to the benefit of Bonide.

Third-party trademarks, service marks, trade names, and logos appearing on the Online Services are the property of their respective owners. Any reference to third-party products, services, or trademarks is for identification purposes only and does not imply any affiliation with, sponsorship by, endorsement from, or approval by Bonide unless expressly stated.

Nothing in these Terms prohibits the nominative fair use of Bonide’s Marks to identify genuine Bonide products, provided such use complies with applicable law and does not create a likelihood of confusion regarding sponsorship, affiliation, or endorsement.

8. Acceptable Use

You may access and use the Online Services only for lawful purposes and in accordance with these Terms. You agree that you will not:

use the Online Services in any manner that violates any applicable federal, state, local, or international law, regulation, or court order;
use the Online Services for any fraudulent, deceptive, unlawful, harmful, or unauthorized purpose;
impersonate Bonide, any of its employees, representatives, affiliates, or any other person or entity, or falsely state or imply any affiliation, sponsorship, endorsement, or approval;
submit false, misleading, fraudulent, or inaccurate information through the Online Services;
transmit unsolicited communications, spam, chain letters, junk mail, phishing messages, or other unauthorized promotional or commercial communications;
upload, post, transmit, or otherwise make available any content that is unlawful, defamatory, libelous, obscene, threatening, abusive, harassing, hateful, discriminatory, infringing, invasive of another person’s privacy, or otherwise objectionable;
upload, transmit, or distribute any virus, malware, ransomware, Trojan horse, worm, spyware, or other malicious code or technology that may damage or interfere with the Online Services or any user’s device or data;
interfere with, disrupt, disable, overburden, damage, or impair the operation, availability, security, or integrity of the Online Services or any networks or systems connected to them;
attempt to gain unauthorized access to the Online Services, user accounts, servers, databases, or other systems or networks connected to the Online Services;
circumvent or attempt to circumvent any security feature, authentication measure, access control, rate limitation, or other technological protection implemented by Bonide;
use any robot, spider, scraper, crawler, artificial intelligence tool, automated script, bot, or other automated means to access, monitor, copy, extract, collect, index, or data mine any portion of the Online Services or the Content without our prior written consent;
use the Online Services to develop, train, improve, or validate any artificial intelligence, machine learning, or similar technology without our prior written consent;
harvest or collect information about other users without their consent;
use the Online Services in any manner that could interfere with another person’s use or enjoyment of the Online Services;
use any information or Content obtained from the Online Services for any commercial, competitive, or revenue-generating purpose without Bonide’s prior written consent; or
otherwise access or use the Online Services in any manner inconsistent with these Terms.

Bonide reserves the right, but has no obligation, to investigate suspected violations of these Terms and to take any action it reasonably determines is appropriate, including removing content, restricting or terminating access to the Online Services, reporting suspected unlawful activity to law enforcement or regulatory authorities, cooperating with governmental investigations, and pursuing any other remedies available under these Terms or applicable law.

9. User Contributions

The Online Services may now or in the future contain message boards, chat rooms, forums, bulletin boards, product reviews, comment features, personal profiles, or other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, transmit, or otherwise make available content, information, photographs, reviews, comments, suggestions, ideas, or other materials (collectively, “User Contributions”).

All User Contributions must comply with these Terms, including the Content Standards set forth below.

Any User Contribution you submit through the Online Services will be considered non-confidential and non-proprietary to the fullest extent permitted by applicable law. By submitting a User Contribution, you grant Bonide, its affiliates, service providers, licensors, successors, and assigns a worldwide, perpetual, irrevocable (except as otherwise required by applicable law), non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise use or disclose your User Contributions, in whole or in part, in any media or format now known or later developed, for any lawful purpose, including operating, improving, promoting, and marketing the Online Services and Bonide’s products.

You represent and warrant that:

you own or otherwise control all rights necessary to submit your User Contributions and to grant the license described above;
your User Contributions do not violate these Terms or any applicable law;
your User Contributions do not infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other rights of any person or entity; and
all information contained in your User Contributions is accurate to the best of your knowledge and is not knowingly false or misleading.

You understand and acknowledge that you are solely responsible for your User Contributions, including their legality, reliability, accuracy, completeness, and appropriateness. Bonide does not endorse any User Contribution and is not responsible or liable for any User Contributions posted by you or any other user.

Bonide reserves the right, but assumes no obligation, to monitor, review, screen, edit, refuse to post, remove, or disable access to any User Contribution at any time and for any reason, including if Bonide reasonably believes the User Contribution violates these Terms, applicable law, or the rights of any person or entity.

10. Content Standards

These Content Standards apply to all User Contributions and all use of the Interactive Services. User Contributions must comply with these Terms and all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, you agree not to post, submit, upload, transmit, or otherwise make available any User Contribution that:

is unlawful, fraudulent, defamatory, libelous, obscene, indecent, threatening, abusive, harassing, hateful, discriminatory, or otherwise objectionable;
promotes, depicts, or encourages violence, terrorism, criminal activity, sexually explicit material, child exploitation, or any other unlawful conduct;
infringes, misappropriates, or otherwise violates any patent, copyright, trademark, trade secret, privacy, publicity, or other intellectual property or proprietary right of any person or entity;
violates the legal rights of any person or entity or could reasonably give rise to civil or criminal liability;
is false, misleading, deceptive, or likely to confuse or mislead any person;
impersonates any individual or entity or falsely suggests any affiliation with, sponsorship by, endorsement from, or approval by Bonide or any other person or organization;
contains viruses, malware, ransomware, spyware, Trojan horses, worms, corrupted files, or other malicious code or technology;
promotes or facilitates illegal activity or instructs others to engage in unlawful conduct;
constitutes unsolicited advertising, marketing, promotions, spam, chain letters, pyramid schemes, contests, sweepstakes, or other unauthorized commercial solicitations;
contains confidential, proprietary, or personal information of another person without appropriate authorization;
interferes with another user’s ability to access or use the Online Services; or
otherwise violates these Terms or applicable law.

Bonide reserves the right, but assumes no obligation, to determine, in its reasonable discretion, whether any User Contribution violates these Content Standards or these Terms. Bonide may remove, refuse to post, or disable access to any User Contribution that it reasonably believes violates these Terms or applicable law.

11. Monitoring and Enforcement; Termination

Bonide reserves the right, but assumes no obligation, to monitor the Online Services or any User Contributions for compliance with these Terms. To the fullest extent permitted by applicable law, Bonide may, in its sole discretion:

remove, refuse to post, edit, or disable access to any User Contribution for any reason or no reason;
investigate any suspected violation of these Terms or any unlawful or unauthorized use of the Online Services;
take any action we reasonably believe is necessary or appropriate if a User Contribution or other activity violates these Terms, infringes or misappropriates the intellectual property or other rights of any person or entity, threatens the safety or security of any person, compromises the integrity or security of the Online Services, or may expose Bonide or others to liability;
disclose your identity or other information relating to your use of the Online Services as necessary to comply with applicable law, legal process, court order, governmental request, or to protect the rights, property, or safety of Bonide, our affiliates, users, or others;
cooperate with law enforcement authorities, regulatory agencies, and other governmental authorities in connection with any investigation or legal proceeding;
restrict, suspend, or terminate your access to all or any portion of the Online Services, with or without notice, for any violation of these Terms or for any other legitimate business, operational, security, or legal reason; and
pursue any other rights or remedies available under these Terms, at law, or in equity.

To the fullest extent permitted by applicable law, you release and hold harmless Bonide, its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, successors, and assigns from any claims arising out of or relating to any good-faith investigation, disclosure, enforcement action, or cooperation with law enforcement or governmental authorities undertaken in accordance with these Terms or applicable law.

Bonide does not undertake to review all User Contributions or other materials before they are posted or transmitted through the Online Services and cannot ensure the prompt removal of material that may violate these Terms. Accordingly, Bonide assumes no responsibility or liability for any User Contribution or other content provided by any user or third party, or for any action or inaction regarding the monitoring, review, removal, or retention of such content.

12. Copyright Infringement

If you believe the Online Services infringe upon your copyright rights, please forward the following information to us:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.

13. Reliance on Information Posted

The information made available on or through the Online Services is provided solely for general informational purposes. Nothing contained in the Online Services constitutes professional, legal, medical, agricultural, pest management, or other professional advice. We do not warrant the accuracy, completeness, timeliness, or usefulness of any information made available through the Online Services. Any reliance you place on such information is strictly at your own risk. To the fullest extent permitted by applicable law, we disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Online Services, or by anyone who may be informed of its contents.
EPA LABEL CONTROLS. Information regarding Bonide products made available through the Online Services is provided solely for general informational purposes and is not intended to replace the EPA-approved product label, Safety Data Sheet (“SDS”), or other instructions accompanying any Bonide product. Always read and follow the applicable EPA-approved product label and SDS before purchasing, handling, storing, transporting, applying, or disposing of any pesticide product. In the event of any conflict between information provided through the Online Services and the applicable EPA-approved product label, the EPA-approved product label shall control. Use of any pesticide product in a manner inconsistent with its labeling may violate applicable law. AUTOMATED TOOLS AND PRODUCT RECOMMENDATIONS. The Online Services may include pest identification tools, product finders, calculators, or other automated features that generate recommendations or information based solely on the information you provide. These tools are provided for general informational and educational purposes only and do not constitute professional, agronomic, horticultural, pest management, or other expert advice. Bonide does not warrant the accuracy, completeness, or suitability of any automated recommendation for your particular circumstances. You are solely responsible for verifying that any recommended product is appropriate for your intended use and for reading and following the applicable EPA-approved product label, Safety Data Sheet (“SDS”), and all applicable directions, restrictions, and precautions before purchasing or using any product. The Online Services may include content provided by third parties, including other users, bloggers, licensors, syndicators, aggregators, or reporting services. All statements, opinions, recommendations, and other content expressed by third parties are solely those of the person or entity providing the content and do not necessarily reflect the views of Bonide. Bonide is not responsible or liable to you or any third party for the accuracy, completeness, legality, reliability, or content of any third-party materials.

14. Changes to the Online Services

Bonide may modify, update, suspend, discontinue, or remove any part of the Online Services or their content at any time, with or without notice. Although we may update the information available through the Online Services from time to time, we do not represent or warrant that any content is accurate, complete, current, or free from errors or omissions. Any material on the Online Services may be out of date at any given time, and we are under no obligation to update such material.

15. Information About You and Your Visits to the Online Services

Your use of the Online Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and otherwise process your personal information. By accessing or using the Online Services, you acknowledge that you have read and understand our Privacy Policy and consent to our collection, use, and disclosure of your information as described therein, to the extent permitted by applicable law.

16. Linking to the Online Services and Social Media Features

You may link to the homepage or other publicly available pages of the Online Services, provided that you do so in a manner that is lawful, fair, and does not damage Bonide’s reputation or goodwill or suggest any affiliation with, sponsorship by, endorsement from, or approval by Bonide where none exists.

The Online Services may provide features that enable you to:

link from your own website or third-party platforms to certain content available through the Online Services;
send emails or other communications containing links to content available through the Online Services; or
share or display limited portions of content through social media or other services, where such functionality is made available by Bonide.

You may use these features only as they are provided by Bonide, only with the content and functionality made available for that purpose, and in accordance with these Terms and any additional terms applicable to those features.

You may not:

frame, mirror, or otherwise cause the Online Services or any portion thereof to appear on another website or service without Bonide’s prior written consent;
use in-line linking or similar technologies to display Bonide’s content outside the Online Services in a manner not authorized by Bonide;
remove, obscure, or alter any copyright, trademark, or other proprietary notices appearing on the Online Services; or
otherwise use the Online Services or any content in a manner inconsistent with these Terms.

Any website, platform, or service linking to the Online Services must comply with these Terms, including the Content Standards, and must not contain unlawful, defamatory, infringing, or otherwise objectionable content.

Bonide reserves the right to withdraw linking permission or disable any social media or sharing functionality at any time, with or without notice, if it reasonably believes such linking or use violates these Terms or applicable law.

17. Links from the Online Services

The Online Services may contain links to websites, applications, services, or other resources provided by third parties. These links are provided solely for your convenience and informational purposes. This includes links contained in advertisements, banner advertisements, sponsored content, and other promotional materials. The inclusion of any link does not imply Bonide’s affiliation with, sponsorship of, endorsement of, or approval of any third party or any products, services, or information offered by such third party.
Bonide has no control over, and assumes no responsibility or liability for, the content, accuracy, availability, privacy practices, security, products, services, or other materials available on or through any third-party website or resource. Any access to or use of a third-party website or resource is solely at your own risk and is subject to the terms, conditions, and privacy policies of the applicable third party.

18. Geographic Restrictions

The Online Services are intended for use by persons located in the United States and Canada. We make no representation or warranty that the Online Services or any content made available through them is appropriate, available, or lawful for use in any other jurisdiction. Access to the Online Services from territories where their content or use is illegal is prohibited. If you choose to access the Online Services from outside the

United States or Canada, you do so at your own initiative and are solely responsible for complying with all applicable local laws and regulations.

19. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Online Services or any files available for download through the Online Services or the internet will be free of viruses, malware, or other destructive code. You are responsible for implementing appropriate safeguards, including anti-virus protection and data backup procedures, to protect your computer systems, devices, programs, data, and other proprietary information.
To the fullest extent permitted by applicable law, Bonide will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, malware, or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material arising from your use of, or inability to use, the Online Services, your downloading of any content made available through the Online Services, or your use of any third-party websites linked to the Online Services. Your use of the Online Services and all content made available through the Online Services is at your own risk. The Online Services and all content made available through them are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. Neither Bonide nor any person associated with Bonide makes any representation or warranty regarding the completeness, security, reliability, quality, accuracy, availability, or timeliness of the Online Services. Without limiting the foregoing, neither Bonide nor anyone associated with Bonide represents or warrants that the Online Services or any content made available through them will be accurate, reliable, error-free, secure, or uninterrupted; that defects will be corrected; that the Online Services or the servers that make them available are free of viruses or other harmful components; or that the Online Services or their content will otherwise meet your needs or expectations. The Online Services are provided solely for general informational purposes and are not intended to replace the EPA-approved product label, Safety Data Sheet (“SDS”), or other instructions accompanying any Bonide product. Always read and follow the applicable EPA-approved product label and SDS before purchasing, handling, storing, transporting, applying, or disposing of any pesticide product. In the event of any conflict between information provided through the Online Services and the applicable EPA-approved product label, the EPA-approved product label shall control. Nothing contained in these Terms or the Online Services modifies, expands, limits, or replaces any warranty, disclaimer, limitation of liability, or other provision contained on an EPA-approved product label, all of which remain controlling with respect to the applicable product. Use of any pesticide product in a manner inconsistent with its labeling may violate applicable law.
ASSUMPTION OF PRODUCT RISK. You accept all risks arising from any use of a Bonide product, including without limitation uses contrary to label instructions, under abnormal conditions, or under conditions not reasonably foreseeable to, or beyond the control of, Bonide, including handling, storage, application, timing, weather, crop, soil, and tank-mix factors.
PRODUCT WARRANTY DISCLAIMER. ANY WARRANTY APPLICABLE TO A BONIDE PRODUCT IS GOVERNED EXCLUSIVELY BY THE APPLICABLE EPA-APPROVED PRODUCT LABEL AND ANY WARRANTY REQUIRED BY APPLICABLE LAW. EXCEPT TO THE EXTENT EXPRESSLY STATED ON THE APPLICABLE EPA-APPROVED PRODUCT LABEL OR OTHERWISE REQUIRED BY LAW, BONIDE MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING ANY PRODUCT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BONIDE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
No agent, distributor, retailer, or representative of Bonide is authorized to make any warranty regarding a Bonide product beyond those stated in this Section 18 or on the applicable EPA-approved product label, or to modify this Section 18, except by a writing signed by an authorized representative of Bonide that expressly references these Terms.

20. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BONIDE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE ONLINE SERVICES, ANY CONTENT MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR ANY THIRD-PARTY WEBSITES LINKED TO THE ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BONIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BONIDE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM VIRUSES, MALWARE, DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY IN CONNECTION WITH YOUR USE OF THE ONLINE SERVICES.

THE FOREGOING DOES NOT EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCLUSIVE REMEDY FOR PRODUCT CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS, LOSSES, INJURIES, OR DAMAGES RESULTING FROM THE SALE, HANDLING, OR USE OF A BONIDE PRODUCT (WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL BE, AT BONIDE’S SOLE ELECTION: (A) REFUND OF THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM; OR (B) REPLACEMENT OF THAT PRODUCT. THIS EXCLUSIVE REMEDY APPLIES REGARDLESS OF THE FORM OF ACTION AND SURVIVES FAILURE OF ANY EXCLUSIVE REMEDY’S ESSENTIAL PURPOSE.

21. Indemnification

You agree to defend, indemnify, and hold harmless Bonide, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns (collectively, the “Bonide Indemnified Parties“) from and against any and all claims, demands, actions, liabilities, damages, judgments, awards, losses, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:

your violation of these Terms;
your violation of any applicable law or the rights of any third party;
your User Contributions;
your misuse of the Online Services; or
your use of the Online Services or any content made available through the Online Services in a manner not expressly authorized by these Terms.

If you resell, distribute, or otherwise transfer any Bonide product to any third party, you agree to: (a) ensure the then-current EPA-approved label accompanies the product; (b) make no representation to any third party that Bonide provides any warranty broader than the warranty described in Section 18; and (c) include in your own terms of sale a disclaimer of warranties, limitation of liability, and exclusive-remedy provision materially equivalent to Sections 18 and 19 of these Terms.

Bonide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with Bonide in the defense of any such matter.

22. Governing Law and Jurisdiction

Except with respect to disputes subject to arbitration under Section 23 (Dispute Resolution; Binding Individual Arbitration and Class Action Waiver), these Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Online

Services, including any non-contractual dispute or claim, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. To the fullest extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms or the Online Services shall be brought exclusively in the state courts located in Oneida County, New York, or the United States District Court for the Northern District of New York, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. The exclusive venue provisions of this Section do not apply to disputes that are subject to arbitration under Section 23. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BONIDE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE ONLINE SERVICES, OR ANY BONIDE PRODUCT.

23. Dispute Resolution; Binding Individual Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

(a) Agreement to Arbitrate

Except as otherwise provided in these Terms, you and Bonide agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Online Services, or your use of the Online Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively by final and binding arbitration on an individual basis, rather than in court. This agreement to arbitrate shall be interpreted broadly and shall survive the termination of these Terms or your use of the Online Services.

(b) Arbitration Rules

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable, except that a court of competent jurisdiction shall determine issues relating to the enforceability of the class action waiver set forth below.

(c) Individual Arbitration Only

YOU AND BONIDE AGREE THAT ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR BONIDE MAY BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

Unless both you and Bonide agree otherwise in writing, the arbitrator may not consolidate the claims of multiple persons or otherwise preside over any representative or class proceeding.

(d) Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to Bonide within thirty (30) days after you first access or use the Online Services after these Terms become effective. Your notice must include your name, mailing address, email address (if any), and a clear statement that you wish to opt out of this arbitration agreement. Notices should be sent to:

Bonide Products LLC

Attn: Legal Department
6301 Sutliff Road
Oriskany, New York 13424

or by email to consumercare@bonide.com.

Your decision to opt out will not affect any other provision of these Terms.

(e) Exceptions

Nothing in this Section shall prevent either party from:

bringing an individual claim in a court of competent jurisdiction that qualifies for small claims court;
seeking temporary, preliminary, or permanent injunctive or other equitable relief to protect intellectual property, confidential information, trade secrets, trademarks, copyrights, or other proprietary rights; or
seeking judicial enforcement of an arbitration award.

(f) Governing Law

The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 23. Except as otherwise provided in this Section, New York law governs these Terms as set forth in Section 22 (Governing Law and Jurisdiction). If any portion of this Section 23 is found to be unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by applicable law.

However, if the class action waiver is determined to be unenforceable, then this entire Section 23 shall be null and void to the extent required by applicable law.

TO THE EXTENT ANY DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND BONIDE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

24. Limitation on Time to File Claims

To the fullest extent permitted by applicable law, you agree that any claim or cause of action arising out of or relating to these Terms or your use of the Online Services must be commenced within one (1) year after the claim or cause of action accrues. Any claim or cause of action not commenced within that one-year period shall be permanently barred. The foregoing does not apply to any claim for which a shorter or longer limitations period is required by applicable law or cannot be modified by agreement.

CLAIMS NOTICE REQUIREMENT. For any claim relating to a Bonide product, including any claim of crop injury, product ineffectiveness, or other loss, you must: (a) report the claim to Bonide in writing within thirty (30) days after you discover, or reasonably should have discovered, the condition giving rise to the claim; and (b) give Bonide a reasonable opportunity to inspect the affected product, crop, or site before it is altered, harvested, destroyed, or disposed of. TIMELY WRITTEN NOTICE AND A REASONABLE OPPORTUNITY TO INSPECT ARE CONDITIONS PRECEDENT TO ANY PRODUCT-RELATED CLAIM.

25. Assignment

You may not assign, delegate, transfer, or otherwise convey any of your rights or obligations under these Terms, whether by operation of law or otherwise, without Bonide’s prior written consent. Any attempted assignment, delegation, or transfer in violation of this Section shall be null and void.

Bonide may assign, transfer, or delegate these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, restructuring, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

26. Survival

Any provision of these Terms that, by its nature, should survive termination or expiration of these Terms or your access to or use of the Online Services shall survive, including, without limitation, Sections relating to Intellectual Property, User Contributions,

Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution; Binding Individual Arbitration and Class Action Waiver, Limitation on Time to File Claims, Waiver and Severability, and any licenses, restrictions, obligations, or rights intended to survive termination.

27. Waiver and Severability

No waiver by Bonide of any provision of these Terms shall be deemed a continuing waiver of such provision or a waiver of any other provision. No failure or delay by Bonide in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof.
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of these Terms shall remain in full force and effect.

28. Entire Agreement

These Terms, together with any applicable Supplemental Terms and the Privacy Policy, constitute the entire agreement between you and Bonide regarding the Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Online Services.

29. California Residents

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

If you have a question or complaint regarding the Online Services, please contact Bonide Products LLC at:

Bonide Products LLC

Attn: Legal Department
6301 Sutliff Road
Oriskany, New York 13424
Email: consumercare@bonide.com
Telephone: (833) 972-1101

California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

30. How to Contact Us

If you have any questions regarding these Terms or the Online Services, you may contact Bonide at:

Bonide Products LLC

Attn: Legal Department
6301 Sutliff Road
Oriskany, New York 13424
United States

Email: consumercare@bonide.com

Telephone: (833) 972-1101