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Terms and Conditions

 

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

 

By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).

Green Leaf Foods , LLC and its affiliates and subsidiaries (collectively, “Green Leaf Foods”) 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 Green Leaf Foods 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. You further agree that Green Leaf Foods will not be liable for any modification or suspension of the Site.

1. Acceptance of Terms of Use. Green Leaf Foods provides you with access to, and use of, the Site subject to all applicable laws and regulations and these Terms. By accessing or using the Site, you are bound by these Terms. If you do not accept each of the terms and conditions contained in these Terms without limitation, please exit the Site. These Terms supersede any other agreements you may have with Green Leaf Foods regarding this subject matter.

2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by Green Leaf Foods and its licensors with all rights reserved. You have no right to use and shall not use the Content, except as provided in these Terms, without the prior written permission of Green Leaf Foods.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site (the “Marks”) are either the trademarks or service marks (registered or unregistered) of Green Leaf Foods or its licensors unless otherwise stated herein. Green Leaf Foods and its licensors expressly reserve all intellectual property rights in all Content on the Site. You have no right to use and shall not use such Marks contained on the Site without prior written permission of Green Leaf Foods.

In its sole discretion, Green Leaf Foods or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

 

3. User Conduct. Green Leaf Foods maintains the Site for your personal entertainment, information, education, and communication only and grants you a limited license to use the Site and to download Content solely for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Green Leaf Foods, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Green Leaf Foods. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.

From time to time on certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Green Leaf Foods; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Green Leaf Foods, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site or features therein. Green Leaf Foods may cancel your account and delete all User Content associated with your account at any time, and without notice, if Green Leaf Foods deems that you have violated these Terms, the law, or for any other reason. Green Leaf Foods assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account.

 

4. Content Submitted by Users. Any User Content and any other communication or material you transmit to Green Leaf Foods at or through the Site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Green Leaf Foods a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Green Leaf Foods 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 Green Leaf Foods without the prior review and written approval of Green Leaf Foods.

You agree to indemnify and hold Green Leaf Foods, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Green Leaf Foods or this Site.

5. Copyright Complaints. Green Leaf Foods respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Green Leaf Foods designated agent with the following information. Please be advised that to be effective, your notice must include ALL of the following:

a. An electronic of physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. The location on the Site of the material that you claim is infringing;

d. Your address, telephone number, and email address;

e. A statement that your claim of infringement is based on a good faith belief; and

f. A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Green Leaf Foods designated agent for notice of claims of copyright infringement on the Site can be reached as follows:

Conagra Brands

Senior Legal Specialist – Intellectual Property

222 Merchandise Mart Plaza, Suite 1300

Chicago, IL 60654

Phone: (312) 549-5823

Email: copyrightagent@conagra.com

6. Privacy. Your use of the Site is also subject to the Green Leaf Foods Privacy Policy (the “Privacy Policy”). Green Leaf Foods hereby incorporates the entirety of that Privacy Policy into these Terms.

7. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Green Leaf Foods. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Green Leaf Foods of any products, services, advice or information available from such sites. Green Leaf Foods does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Green Leaf Foods and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Green Leaf Foods. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Green Leaf Foods Site or have moved to another third-party site.

8. EXCLUSION OF LIABILITY. NEITHER GREEN LEAF FOODS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY GREEN LEAF FOODS SITE AND YOUR USE OF ANY GREEN LEAF FOODS SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY GREEN LEAF FOODS SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. GREEN LEAF FOODS DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY GREEN LEAF FOODS SITE.

GREEN LEAF FOODS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, GREEN LEAF FOODS IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

GREEN LEAF FOODS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

9. DISCLAIMER. THE CONTENT OF ANY GREEN LEAF FOODS SITE IS PROVIDED “AS IS, AS AVAILABLE” AND GREEN LEAF FOODS DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:

a. THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;

b. THE CONTENT IS ERROR-FREE AND ACCURATE;

c. THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;

d. DEFECTS WILL BE CORRECTED;

e. THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

f. SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;

g. THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR

h. THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.

IN ADDITION TO THE ABOVE YOU (AND NOT GREEN LEAF FOODS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

10. Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Green Leaf Foods does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.

11. Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Green Leaf Foods historical experience and its present expectations or projections. These risks include, but are not limited to, Green Leaf Foods ability to finance expansion or acquisition plans, share repurchase programs and general operating activities; changes in the applicable business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in Green Leaf Foods filings with the Securities and Exchange Commission (the “SEC”), including its Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Green Leaf Foods undertakes no obligations to publicly update or revise any forward-looking statements.

12. Revisions to the Terms. Green Leaf Foods may at any time, in its sole discretion and without notice, revise or modify these Terms or the Privacy Policy. You are bound by any such revisions and should periodically visit this Site to review the current Terms and Privacy Policy pages.

13. Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Green Leaf Foods does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical