Your use of the web sites on which these terms reside (the “Site”), and the features at this Site are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this Site. The Site is owned or controlled by Shamrock Farms, a division of Shamrock Foods Company (“Shamrock Farms”). This Site is intended for and applicable only for residents of the United States. If you are from another jurisdiction, you should not use this Site. By accessing this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting information to Shamrock Farms, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Arizona law.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Shamrock Farms may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Shamrock Farms will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Content on this Site that is provided by Shamrock Farms or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Shamrock Farms Content”) is the property of Shamrock Farms and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Shamrock Farms Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Shamrock Farms, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Shamrock Farms and/or its licensors, that dilutes the strength of Shamrock Farms’ or its licensor’s property, or that otherwise infringes Shamrock Farms’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Shamrock Farms Content or Third Party Content that appears on this Site.
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area.
The following requirements apply to your use the Site:
You will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users.
You will not use the Site for any commercial purpose not expressly approved by Shamrock Farms in writing. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Shamrock Farms makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Shamrock Farms makes no representations regarding the amount of time that any Content or User Content will be preserved.
Shamrock Farms does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Shamrock Farms without the prior review and written approval of Shamrock Farms.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SHAMROCK FARMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SHAMROCK FARMS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SHAMROCK FARMS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SHAMROCK FARMS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SHAMROCK FARMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Site may hyperlink to sites not maintained by or related to Shamrock Farms. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Shamrock Farms, and Shamrock Farms makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and Shamrock Farms has no control over how your information is collected, used, or otherwise handled.
Both you and Shamrock Farms acknowledge and agree that no partnership is formed and neither of you nor Shamrock Farms has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of Arizona without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in the Phoenix, Arizona. These Terms operate to the fullest extent permissible by law.
On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
The failure of Shamrock Farms to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Shamrock Farms, shall not be deemed a breach of these Terms.
If Shamrock Farms fails to act with respect to your breach or anyone else’s breach on any occasion, Shamrock Farms is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Shamrock Farms, and is accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and Shamrock Farms regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.