Terms of Use

Introduction

Welcome to Paramount Citrus, Inc.'s Web site, www.paramountcitrus.com (the "Site"). Paramount Citrus 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 Citrus 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 Citrus 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.

Description of Service

The Site is full of information about Paramount Citrus. 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.

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 Citrus that is untrue, inaccurate, not current or incomplete, or if Paramount Citrus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paramount Citrus 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 Citrus is subject to our Privacy Policy. For more information, see our full privacy policy below.

Informational Purposes Only

The Service is provided for informational purposes only. Paramount Citrus 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 Citrus shall not be responsible or liable for any decisions made in reliance on such information.

Third Party Web Sites

The Service may provide links to Web sites or resources outside of the Site. Because Paramount Citrus has no control over external sites and resources, you acknowledge and agree that Paramount Citrus 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 Citrus 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.

Submissions

Any information, comments, ideas, graphics or other materials submitted by you to Paramount Citrus through the Site may be used or published by Paramount Citrus for any purpose, in any media, throughout the world and in perpetuity and without restriction or compensation to you.

Product Sales Terms and Conditions

  1. 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.
  2. 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.
  3. 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.

Modifications to Service

Paramount Citrus 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 Citrus shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

Paramount Citrus 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 Citrus determines to be inappropriate.

Paramount Citrus'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 Citrus, 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 Citrus Inc. or its affiliates: Paramount Citrus, Almond Accents, Pistachios to Go!, Cal Pure, Pistachio Pete, Golden Orchards, West Hills, Sports Nut and Sports Nut Madness. Paramount Citrus will enforce its intellectual property rights to the fullest extent of the law.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PARAMOUNT CITRUS PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARAMOUNT CITRUS 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.
  2. PARAMOUNT CITRUS MAKES NO WARRANTY THAT (i) THE SERVICE OR ANY PARAMOUNT CITRUS 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 CITRUS 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.
  3. 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.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARAMOUNT CITRUS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARAMOUNT CITRUS 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 CITRUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PARAMOUNT CITRUS 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.

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.

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.

Copyrights and Copyright Agents

Paramount Citrus 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 Citrus' Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. 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;
  6. 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 Citrus' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:


Paramount Citrus, Inc.
11444 West Olympic Boulevard, 2nd Floor
Los Angeles, CA 90064
Attn: General Counsel
Telephone: (310) 966-5700

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.

General Information

The TOU constitute the entire agreement between you and Paramount Citrus and govern your use of the Service, superceding any prior agreements between you and Paramount Citrus. 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 Citrus shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Paramount Citrus agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the state of California. The failure of Paramount Citrus 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.

Contacting Us

If you have any questions or comments about these terms, please contact us at the address listed in paragraph 15 above.