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NO RETURN. Returns not permitted for products containing either glyphosate or glufosinate. GLYPHOSATE WARNING; ASSUMPTION OF RISK. We are providing you this express warning and notice of the litigation surrounding glyphosate, including alleged injuries caused by exposure to glyphosate. By purchasing this product, you (1) acknowledge this warning and notice, (2) affirm your duty and obligation to read and follow all product labels directions, and (3) expressly assume all risks arising from or related to your purchase or use, and the use by your employees and agents, of products containing glyphosate, including risks of personal injury not limited to NHL or CLL. DISCLOSURE. Glyphosate is an herbicide that controls broadleaf weeds and grasses that is widely used in agriculture in the United States and Canada. It has been registered as a pesticide in the U.S. since 1974 and in Canada since 1976. Since glyphosate’s first registrations, the US Environmental Protection Agency (“EPA”) and Health Canada each have periodically reviewed and reassessed its safety and uses. LITIGATION. Numerous lawsuits have been filed against Monsanto Corporation (now owned by Bayer Corp.) over injuries allegedly caused by exposure to glyphosate. The lawsuits allege injuries, including non-Hodgkin lymphoma (NHL) and Chronic Lymphocytic Leukemia (CLL). In the U.S., as of October 1, 2021, only three of the thousands of cases have gone to trial. Juries have found in favor of the plaintiffs in each of those three trials. Appeals may be pending. EPA STATEMENTS. In January 2020, EPA released an interim decision for registration review pertaining to glyphosate in which EPA stated it “continues to find that there are no risks of concern to human health when glyphosate is used in accordance with its current label. EPA also found that glyphosate is unlikely to be a human carcinogen.” More information from EPA can be found here: https://www.epa.gov/ingredients-used-pesticide-products/glyphosate HEALTH CANADA STATEMENTS. In January 2019, Health Canada stated that “[a]fter a thorough scientific review, we have concluded that the concerns raised by the objectors could not be scientifically supported when considering the entire body of relevant data. The objections raised did not create doubt or concern regarding the scientific basis for the 2017 re-evaluation decision for glyphosate.” INTEGRATION OF SOA TERMS. The above terms and conditions are incorporated into your SOA, form an integral part of your SOA and are governed by the Master Distribution Agreement (MDA) and the applicable Program Year Terms (APT) between you and FBN Inputs, LLC or Farmer’s Business Network Canada, Inc., as applicable. The MDA contains important terms and conditions which apply to your SOA and the glyphosate products or products containing glyphosate which you have purchased. These include terms which limit your legal rights, including warranty disclaimers, limitations on our liability to you, waiver of trial by jury, and restrictions on class actions.
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