Seaboard Triumph Foods Web Site Terms and Conditions of Use
(Last Updated June 5, 2019)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Seaboard Triumph Foods, LLC (“STF”) PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Site Terms”). BY ACCESSING, BROWSING AND USING THIS SITE (the “Site”), YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THIS SITE. THE LINKS BELOW PROVIDE DETAILED INFORMATION ABOUT THE SITE TERMS OF STF:
A. Related Policies and Terms
Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions, including the terms at www.seaboardtriumphfoods.com.
The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with STF for products, services, or otherwise.
B. Modification of Site Terms
STF reserves the right to modify the Site Terms in its sole discretion from time to time and only STF has the right to do so. If the Site Terms are changed, STF will post the new terms on this Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of this Site following the posting will constitute your acceptance of the new Site Terms.
C. United States Usage
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
D. License and Site Access
STF grants you a limited license to make personal use only of this Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks of STF or its affiliates) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of this Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from this Site or any other user of this Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of STF, its affiliates, or any third party. You may not use any meta tags or any other “hidden text” utilizing the name, trademark, or product name of STF or its affiliates without the express prior written consent of STF or its affiliates, as applicable. “Site Materials” means all materials on this Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
STF may terminate your limited license and your use of or access to this Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. STF reserves the right to have all violators prosecuted to the fullest extent of the law.
E. Changes, Misprints and Errors
Subject to applicable law, STF: (a) reserves the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserves the right to limit quantities sold or made available for sale; (d) does not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this Site is inaccurate. If STF does not process an order for such reason, STF will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
F. Intellectual Property
All Site Materials are owned by STF, its affiliates, and others and are protected by United States and international copyright, trademark and other laws.
STF (and, including but not limited to, other registered trademarks owned by STF and its affiliates listed on the attached Exhibit A), and their respective designs and/or logos are either trademarks or registered trademarks of STF or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of STF or its affiliates, as applicable. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of STF and its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of STF or its affiliates, as applicable. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
3. Restrictions on Use
Except as stated in the Site Terms, none of the Site Materials and intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of STF or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of STF - is strictly prohibited.
Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Site is licensed to you by STF on a non-exclusive and limited basis. STF and/or its affiliates shall retain full and complete title and all intellectual property rights to the Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
1. Links to this Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray STF, its affiliates, or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of STF or its affiliates, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without the express written consent of STF or its affiliates, as applicable. All other linking is prohibited without the prior written consent of STF. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of STF, its affiliates or any third party.
2. Third Party Links
STF makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
1. Additional Submissions
3. Restrictions for Submissions
By using this Site, you agree not to do any of the following:
1. Upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange or the Nasdaq Stock Market;
3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
6. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
4. Policies and Enforcement
All access to and use of this Site is governed by and subject to the Site Terms. STF has the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. STF may access at any time and use internally for any lawful purpose information stored on its systems, including the content of any emails or other communications. STF may disclose such information to any third-party including law enforcement agencies to protect the rights or property of STF in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. STF may investigate any reported violation of its policies or complaints and take any appropriate action that STF deems appropriate. STF has the right, but not the obligation, to take any action STF deems appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of this Site and related services at any time, and block, remove or edit any communication and materials that STF believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. STF takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
5. Responsibility for Your Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless STF and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.
J. Third Party Financial Information
STF provides links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. STF neither regularly monitors nor assumes responsibility for the content of third parties' statements or web sites. Accordingly, STF does not endorse or adopt these web sites or any information contained therein. STF makes no representations or warranties whatsoever regarding their accuracy or completeness.
This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site.
L. Health-Related Information
Information accessible on this Site is for information or advertising purposes only and is not intended to be a substitute for professional medical advice. STF does not warrant the validity of any health-related statements contained on the Site or any such information contained in third-party websites referenced in the Site. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. STF DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. STF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. STF DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF STF OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by STF.
N. Limitation of Liability
IN NO EVENT SHALL STF BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STF (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID STF, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
O. Applicable Law, Venue and Limitation of Actions
These Site Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without resort to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts for Johnson County, Kansas, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, STF reserves the right, without notice and in its sole discretion, to terminate your limited license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.
Q. Consent to Email Communication
When you visit this Site or send email to STF, you are communicating with STF electronically. You consent to receive communications from STF electronically and agree that STF may communicate with you by email or by posting notices on this Site.
R. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
U. Contact STF
If you are experience difficulties in using this Site, please contact STF: 1. Call 712-226-7800; 2. Email email@example.com; 3. Write to STF Customer Service, 5555 Seaboard Triumph Pkwy, Sioux City, IA 51111.
Among others, STF and its affiliates own the following registered trademarks: TRIUMPH FOODS, DAILY’S, BUFFET BRAND, SEABOARD, SEABOARD FOODS, SEABOARD FARMS, PRAIRIE FRESH, PRAIRIE FRESH PRIME, A TASTE LIKE NO OTHER, and THE THRILL WITHOUT THE GRILL. STF also may use other trademarks that are not registered or registered in the future. Seaboard Foods is licensed to use the SWEET BABY RAY'S and associated trademarks.