1. INTRODUCTION
Welcome to Paramount Farms’ Web site, www.paramountfarms.com (the “Site”).
Paramount Farms provides the Site and the information and services offered on the
Site to you, subject to the following Terms of Use (the “TOU”). By using
the Site, you agree to be bound by the TOU. Paramount Farms may, in its sole discretion,
modify the TOU without notice to you. Therefore, please continue to review the TOU
when using the Site. By continuing to access and use the Site after the TOU have
been modified, you are agreeing to such modifications. In addition, when using particular
Paramount Farms services or features on the Site, you shall be subject to any posted
guidelines or rules applicable to such services or features that may be posted from
time to time. All such guidelines or rules are hereby incorporated by reference
into the TOU.
2. DESCRIPTION OF SERVICE
The Site is full of information about Paramount Farms, Sunkist Almonds, Sunkist
Pistachios and Sunkist Almond Accents including: nutritional information, promotional
and other offers, and where you can purchase Paramount Farms’ products and
other products (collectively, the “Products”). The Site and the information,
features and services available on the Site, including but not limited to the purchase
of the Products may be referred to herein collectively as the “Service”.
Unless explicitly stated otherwise, any new features or services that augment or
enhance the Service in the future shall be considered part of the Service and subject
to the TOU.
3. REGISTRATION
You may be required to register for an account on the Site to access certain information
and features offered on the Site, and you will be required to provide credit card
information if you wish to purchase Products on the Site. As part of the Site registration
process and as part of the account creation process, you will select a password
and provide us with certain registration information. You are solely responsible
for maintaining the confidentiality of your password(s) and for all usage or activity
on your account, including the use of your account by any person using your password(s).
If you choose to register on the Site or otherwise provide personal or payment information
on the Site, you agree to (a) provide true, accurate, current and complete information
about yourself as prompted by the Site’s registration form, order form or
other areas of the Site, and (b) maintain and promptly update such information to
keep it true, accurate, current and complete. If you provide any information to
Paramount Farms that is untrue, inaccurate, not current or incomplete, or if Paramount
Farms has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Paramount Farms has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof).
Any personal and other information you provide to Paramount Farms is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.paramountfarms.com/privacy.html
4. INFORMATIONAL PURPOSES ONLY
The Service is provided for informational purposes only. Paramount Farms shall not
be responsible or liable for the accuracy, completeness, usefulness or availability
of any information or other content, data, text, URLs, graphics, advertising or
any other materials (collectively, the “Content”) transmitted or made
available via the Service. Paramount Farms shall not be responsible or liable for
any decisions made in reliance on such information.
5. THIRD PARTY WEB SITES
The Service may provide links to Web sites or resources outside of the Site. Because
Paramount Farms has no control over external sites and resources, you acknowledge
and agree that Paramount Farms is not responsible for the availability of such sites
or resources, and does not endorse and is not responsible or liable for any Content,
advertising, goods, services or other materials on, available through or provided
by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of,
any Web sites that you find or link to through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
Web sites. You agree that Paramount Farms shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of links to such Web sites on the Service.
6. SUBMISSIONS
Any information, comments, ideas, graphics or other materials submitted by you to
Paramount Farms through the Site may be used or published by Paramount Farms for
any purpose, in any media, throughout the world and in perpetuity and without restriction
or compensation to you.
7. PRODUCT SALES TERMS AND CONDITIONS
a. Billing. If you wish to purchase Products on the Site, you must provide valid
credit card information on the Site’s order form. By submitting such credit
card information, you give us permission to charge your purchases to the credit
card that you designate on the order form.
b. Shipping and Handling. A shipping and handling charge is applied to each Product
purchased. You agree to pay for any shipping and handling charges, as well as any
and all applicable local and/or state taxes (if any) which are required to be collected
by law in connection with the purchase of any Products by you. In addition, users
who require that orders be shipped to international addresses will be responsible
for paying any VAT and other taxes, tariffs, import or export duties, and other
similar fees imposed on such orders.
c. Cancellation and Refund Policy. We are unable to cancel or change any Product
orders once they have been placed. We do not accept returns of Products, and all
Product payments are non-refundable.
8. MODIFICATIONS TO SERVICE
Paramount Farms reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that Paramount Farms shall not be liable to you or
to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION
Paramount Farms reserves the right, at its sole discretion, immediately and without
notice to suspend or terminate the TOU, your account (if you have registered) and/or
your ability to access the Site, for any reason including any breach by you of the
TOU or conduct by you that Paramount Farms determines to be inappropriate.
10. PARAMOUNT FARMS’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service (the “Software”) contain proprietary and/or confidential
information, Content and other materials that are protected by applicable intellectual
property and other laws (including, without limitation, copyrights, trademarks,
service marks and patents). Except as expressly authorized by Paramount Farms, you
agree not to modify, rent, lease, loan, sell, distribute, create derivative works
based on, or otherwise use the Software, the Service or any Content contained thereon,
in whole or in part.
The following are trademarks of Paramount Farms or its affiliates: Paramount Farms,
Almond Accents, Pistachios to Go!, Cal Pure, Pistachio Pete, Golden Orchards, West
Hills, Sports Nut and Sports Nut Madness. Paramount Farms will enforce its intellectual
property rights to the fullest extent of the law.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PARAMOUNT FARMS
PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
PARAMOUNT FARMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, SERVICES
OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. PARAMOUNT FARMS MAKES NO WARRANTY THAT (i) THE SERVICE OR ANY PARAMOUNT FARMS
PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR ANY PARAMOUNT FARMS PRODUCTS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARAMOUNT
FARMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARAMOUNT FARMS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF PARAMOUNT FARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PARAMOUNT
FARMS PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY
OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. NOTICE
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOU or other matters by displaying notices or
links to notices to you generally on the Service.
15. COPYRIGHTS AND COPYRIGHT AGENTS
Paramount Farms respects the intellectual property of others, and we ask our visitors
to do the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been otherwise
violated by materials on the Site, please provide Paramount Farms’ Copyright
Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you
claim has been infringed;
c. A description of where the material that you claim is infringing is located on
the site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s
behalf.
Paramount Farms’ Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By mail:
Paramount Farms
11444 West Olympic Boulevard, 2nd Floor
Los Angeles, CA 90064
Attn: General Counsel
Telephone: (310) 966-5700
By e-mail:
legalinfo@paramountfarms.com
16. ARBITRATION
The sole and exclusive jurisdiction and venue for resolving any controversy or claim
arising out of or relating to the TOU or the Service shall be through binding arbitration
in Los Angeles County, California, including, without limitation, any dispute with
respect to this arbitration provision, any claim in tort, or any claim for violation
of any federal, state or local statute, or ordinance or regulation. The arbitration
shall be conducted by JAMS/Endispute (“JAMS”), whose rules applicable
to such disputes shall be in force, and judgment or the award rendered by the arbitrator
may be entered by any court having jurisdiction thereof. There shall be one arbitrator
to be mutually selected by the parties, and if the parties cannot so select, the
arbitrator shall be appointed by JAMS. The fees of the arbitrator, administrative
fees, and the other fees and costs of the arbitration, including, but not limited
to, the cost of any record or transcripts of the arbitration, shall be advanced
by the parties to the arbitration in equal portions, and, in addition thereto, each
such party shall advance the fees of its own attorneys, the expenses of its witnesses
and all other expenses connected with presenting its case. THE PARTIES HERETO WAIVE
THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
17. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Paramount Farms and govern
your use of the Service, superseding any prior agreements between you and Paramount
Farms. You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party software. The
TOU and the relationship between you and Paramount Farms shall be governed by the
laws of the State of California without regard to its conflict of law provisions.
You and Paramount Farms agree to submit to the personal and exclusive jurisdiction
and venue of the courts located within the state of California. The failure of Paramount
Farms to exercise or enforce any right or provision of the TOU shall not constitute
a waiver of such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of the TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOU must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
18. CONTACTING US
If you have any questions or comments about these terms, please contact us at the
address listed in paragraph 15 above. Please report any violations of the TOU to
legalinfo@paramountfarms.com.