PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
||Acceptance of Agreement
||Copyright and Trademarks
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "SUN-MAID" and others marks are either trademarks or registered trademarks of Sun-Maid. Other products, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by Sun-Maid does not constitute a waiver of any rights in such information and materials.
||Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall keep all trademark, copyright and proprietary notices intact. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution).
||Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without notice.
Submitting Content In Any Form:
If You send submissions or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Sun-Maid. None of the Submissions shall be subject to any obligation of confidence on the part of Sun-Maid, and Sun-Maid shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, You warrant that all so-called moral rights in any Submissions You provide have been waived. Without limitation of the foregoing, Sun-Maid shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
Sun-Maid does not endorse and has no control over the content of Submissions submitted by others to the Site. Submissions submitted to the Site are not necessarily reviewed by Sun-Maid prior to posting and do not necessarily reflect the opinions or policies of Sun-Maid. Sun-Maid makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, Sun-Maid reserves the right to prevent You from contributing Submissions to the Site and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice.
You agree to defend, indemnify and hold harmless Sun-Maid, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the Site; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the Site, including information obtained through the Site. Notwithstanding the foregoing, Sun-Maid reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Sun-Maid in asserting any available defenses.
Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable.
||Disclaimer and Limits
Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Sun-Maid may also make improvements and/or changes in the products and/or services described in this information at any time without notice. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SUN-MAID AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. SUN-MAID DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE GOODS, SERVICES AND/OR INFORMATION PROVIDED FOR THE THREE (3) MONTHS PRECEEDING THE ACTION OR INACTION THAT CAUSED HARM.
If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.
||Links to Other Websites
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If You decide to leave our Site and access these third-party sites, You do so at Your own risk.
Sun-Maid reserves the right, but not the obligation, to terminate Your license to use the Site if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Sun-Maid accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, Sun-Maid has implemented procedures for receiving written notification of claimed infringements and for processing such claims. Our designated agent to receive notification of claimed infringement is:
Sun-Maid Growers of California
13525 S. Bethel Avenue
Kingsburg, CA 93631
|| 1 (559) 896-8000
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include all of the following information:
||A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
||Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site. Similarly for other types of infringing materials, a list of such materials.
||Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
||Information reasonably sufficient to permit us to contact You, such as Your address, telephone number, and/or electronic mail 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 or other proprietary right owner, its agent, or the law.
||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 or on behalf of the person defamed.
||Information and Press Releases
The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.
||Disclaimer of Medical Advice
This site does not provide medical or any other health care advice, diagnosis or treatment. The site and its services, including the information above, are for informational purposes only and are not a substitute for professional medical advice, examination, diagnosis or treatment. Always seek the advice of your physician or other qualified health professional before starting or changing any new exercise program or making a lifestyle change or making any changes to existing treatment. Do not delay seeking or disregard medical advice based on information on this site. Medical information changes rapidly and while Sun-Maid and its content providers make efforts to update the content on the site, some information may be out of date. Information provided intended for U.S. use.
Sun-Maid or You may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Sun-Maid sites, and (b) all related documentation and all copies and installations(together, the "Materials"). Sun-Maid may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
||Export Control and other International Information
Unless otherwise specified, the materials on this Site are presented solely to provide information regarding and to promote Sun-Maid's Site and other products available in Japan, its territories, possessions and protectorates. Sun-Maid makes no representation that materials on this Site are appropriate or available for use outside Japan. Those who choose to access this Site from outside Japan do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to Japan and international export controls. No software from this Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or to any other prohibited parties. By using the Site, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list. Information Sun-Maid publishes on the World Wide Web may contain references or cross references to Sun-Maid products, programs or services that are not announced or available in your country.