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Terms and Conditions of Use

(updated May 31, 2018)

Acceptance of the Terms

These Terms and Conditions of Use ("Terms") are entered into by and between You and Nichols Farms, a California corporation ("Company," "we" or "us"). The following Terms govern your access to and use of www.nicholsfarms.com, including any content, functionality and services offered on or through www.nicholsfarms.com (the "Website").

Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.

By using this Website, you represent and warrant that you are thirteen (13) years of age or older. You also affirm that you are of legal age to enter into this agreement.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. We may notify you of changes to these Terms by any reasonable means, including by posting a revised version of these Terms on this Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Unauthorized Use

Portions of this website requiring a username and password have been designed exclusively for customers of Nichols Farms that have properly registered for, and been granted, access to those portions of the website and the services provided. Use of such portions of the site without authorization is a violation of these Terms and other state and federal civil and criminal laws. We track authorized and unauthorized use of the site. Unauthorized users are subject to prosection.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights  notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@nicholsfarms.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans (collectively, the "Marks") are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. You agree that you will not use or register any trademark, service mark, business name, domain name, or social media account name or handle that incorporates, in whole or in part, any of the Marks, or that is similar to any of the Marks.

All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

While accessing or using this Website, you are required to comply with all applicable laws, rules, and regulations. In addition, you agree not to:

  • Post, upload, transmit, or otherwise make available through or in connection with this Website anything that is:
    • threatening, abusive, harassing, degrading, hateful, or intimidating;
    • false, misleading, defamatory, or libelous;
    • fraudulent or tortious;
    • profane, obscene, indecent, pornographic, or otherwise objectionable;
    • protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right; or
  • Post, upload, transmit, or otherwise make available through or in connection with this Website:
    • any material that promotes racism, bigotry, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
    • any material that disparages the Company or its partners;
    • any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities or activities such as phishing, email spoofing, hacking, cracking, or phreaking;
    • any computer virus, ransomware, worm, Trojan horse, rootkit, keylogger, dialer, spyware, adware, malicious BHO, rogue security software, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, this Website or any hardware, software, or equipment;
    • any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, pyramid scheme, or investment opportunity, or any other form of solicitation;
    • any material, non-public information about a company without the proper authorization to do so.
  • Use the Website to harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally-identifiable information about users of the Website;
  • Impersonate any person or entity, including without limitation any Website moderator or any representative of the Company or affiliated entity;
  • Falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that We endorse any statement you make;
  • Interfere with or disrupt the operation of the Website, or the servers or networks used to make the Website available, or violate any requirements, procedures, policies, or regulations of such networks;
  • Restrict or inhibit any other person from using the Website, including without limitation by hacking or defacing any portion of the Website;
  • Use the site to advertise or offer to sell or buy any goods or services for any business purposes;
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of, use of, or access to the Website;
  • Remove copyright, trademark, or other proprietary rights notices from the Website or from materials originating from the Website;
  • Frame or mirror any part of the Website, or any software or service provided on or in connection with the Website, without the Company’s express prior written consent;
  • Create a database by downloading and storing Website content;
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, data mine, or in any way gather Website content, or reproduce or circumnavigate the navigational structure or presentation of the Website;
  • Modify, prepare derivative works of, or reverse engineer Our services or contents of the Website.
  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • Use the Website to exploit or harm, or attempt to exploit or harm, minors in any way, including by exposing them to inappropriate content, asking them for personally-identifiable information, or otherwise.
  • Attempt to gain unauthorized access to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Company reserves the right to cooperate with law enforcement authorities or court orders seeking disclosure of identity and other personal information of anyone violating these Terms.

Notwithstanding the restrictions above, and subject to compliance with any instructed posted in the robots.txt file located in the Website’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Passwords

You agree that you will not, under any circumstances, share your username or password with any other person or entity. Doing so terminates any rights you have under these Terms. You further agree to undertake your best efforts to prevent transmission of usernames or passwords used in connection with your access to the Website.

The Company is not responsible for any unauthorized acquisition and use of passwords or unauthorized access to the Website resulting from such acquisition and use.

You will notify the Company immediately of any unauthorized use of your username or password, or of your user account, or of any other known or suspected breach of security or confidentiality related to your use of or access to the Website.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Term and Termination

The Terms are effective until terminated by the Company. The Company may terminate your access to or use of the Website if we believe you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your rights to access and use the Website will immediately cease. You agree that termination of your access to, or use of, the Website may be effected without prior notice, and that Company may immediately deactivate or delete your username, password, and all related information and files associated with your account. Further, the Company may bar all further access to such information and files. You agree that the Company will not be liable to you or any third party for any termination of your access to the Website or to any such information and files.

You agree that all provisions of these Terms relating to intellectual property rights, trademarks, limitations of liability, disclaimer of warranties, choice of law and venue, and indemnification will survive terminatin of this agreement.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such court

Other Jurisdictional Matters

This Website is controlled and operated by Company from the United States, and is not intended to subject Company to the laws or jurisdiction of any territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Any software provided through or in connection with the Site may be subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a ‘terrorist supporting’ country; or (b) on any of the U.S. government lists of restricted end users.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

You agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms constitute the sole and entire agreement between you and Nichols Farms with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Miscellaneous Provisions

  • These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company;
  • Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof;
  • No party will be responsible for any delay or failure to perform under these Terms due to force majeure events, including natural disasters, terrorist activities, activities of third-party service providers, interruption of communications lines, labor disputes, government actions or orders, laws, or acts of God;

Your Comments and Concerns

This website is operated by Nichols Farms located at 13762 First Avenue, Hanford, CA 93230.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@nicholsfarms.com