Effective October 2009
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (a "User" or "you") and PERDUE FARMS ("Perdue" or "we"). BEFORE ACCESSING OR USING ANY PART OF THE PERDUE SITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE OR THIS "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE PERDUE WEB SITE AND ITS APPLICATIONS, MATERIALS, AND INFORMATION (COLLECTIVELY, THE OR THIS "SITE"). PERDUE IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
- LICENSE GRANT. This TOS provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
- USER OBLIGATIONS. By accessing or using this Site, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.
- PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that Perdue transfers no ownership or intellectual property interest or title in and to this Site to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by Perdue and its successors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. This Site is Copyright © 2008-09 Perdue and/or its licensors. All rights reserved. Perdue also owns a copyright in the contents of this Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. PERDUE, PERDUE FARMS, the Perdue logo, and all other names, logos, and icons identifying Perdue and its programs, products, and services are proprietary trademarks of Perdue, and any use of such marks, including, without limitation, as domain names, without the express written permission of Perdue is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- POSTINGS. This Site may contain message boards, comment areas, questionnaires, and other interactive features where Users can share and post information. To the extent that this Site contains such communication forums (collectively, "Forums"), you agree that by using this Site you will not post or transmit any of the following materials on the Site’s Forums:
• anything that interferes with or disrupts this Site or the operation thereof,
• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Perdue,
• statements or material that misrepresents your affiliation with any entity and/or Perdue,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and
• statements or material that are "off-topic" for a designated Forum.
- PERMISSION TO USE POSTINGS. By submitting content or information of any type (a "Posting") to a Forum or other portion of this Site or by otherwise using this Site to transmit or display a Posting, you automatically grant Perdue a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Perdue and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Perdue has no control over the extent to which any idea or information may be used by any party or person once it's posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on this Site Perdue has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Perdue assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
- LINKS TO OTHER SITES. Perdue may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Perdue and are maintained by third parties over which Perdue exercises no control. Accordingly, Perdue expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- DISCLAIMER. WHILE PERDUE ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE. PERDUE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.
- LIMITATION OF LIABILITY. You expressly absolve and release Perdue from any claim of harm resulting from a cause beyond Perdue's control. MOREOVER, IN NO EVENT SHALL PERDUE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF PERDUE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PERDUE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
- ENFORCEMENT. Perdue reserves the right to view, monitor, and record activity on this Site without notice or permission from you. In addition, you acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Perdue, such injury would not be quantifiable in monetary damages, and Perdue would not have an adequate remedy at law. You therefore agree that Perdue shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS.
- TERM AND TERMINATION. This TOS will take effect at the time you click "I ACCEPT", register, respond to a request for information or materials, and/or begin accessing or using this Site, whichever is earliest. Perdue reserves the right at any time, which shall include, without limitation, on any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this Agreement, to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users. This TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. The provisions concerning Perdue's proprietary rights, feedback, indemnity, disclaimers of warranty and liability, admissibility of this TOS, integration, waiver and severability, and governing law will survive the termination of this TOS for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by Perdue of any right under this TOS will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.