Effective: April 10, 2013
(Subject to Revision)
WELCOME TO OUR WEBSITE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING.
“Pocono ProFoods”, “we”, “our” and “us” refer to Pocono Produce Co., Inc., dba Pocono ProFoods and its affiliates (collectively “Pocono ProFoods”). “You” and “your” refer to the individuals visiting and using our Website, as well as to the business or organization the user represents.
Limitations of Use
The materials on the Website (including all information, downloadable documents, images, content, domain names, articles, logos, and trademarks) (collectively the “Material”) are provided by Pocono ProFoods as a service to our customers, suppliers, Associates and other business partners, and may be used for informational purposes only. You may download and print material from the Website for your own personal, non-commercial use. The Material on the Website is copyrighted, protected by trademark and by other laws; unauthorized use would be unlawful.
Pocono ProFoods provides you–our customers, suppliers, Associates and other business partners–with login credentials to allow you to use restricted portions of our Website. You agree that your login credentials are non-transferrable and may be used only by you and the business you represent. You may not share these credentials with any other individual or entity; another may not use your credentials to access restricted portions of the site.
Except for personal use, you agree to not directly or indirectly publish, reproduce, distribute, display or transfer any Material from the Website, either electronically or physically, without prior written consent from Pocono ProFoods. We expect personal use to be downloading and printing one or two copies of the Material found on the Website, for your internal use only, unless you are specifically licensed by Pocono ProFoods to do otherwise. Regarding the Material, you may not: (a) modify or use it for any commercial purpose, promotion, performance, sale or rental; (b) remove any copyright or other proprietary notices; (c) except as specifically provided above, copy, reproduce, publish, upload, post, or distribute without prior written consent. Any permitted copies of the Material must contain all applicable copyright, trademark or other proprietary notices. We may terminate this license at any time and direct you to immediately destroy any Material.
You may not establish links to any portion of the Website and no information on the Website may be framed without prior written consent from Pocono ProFoods.
You acknowledge that a portion of the Material contains substantive Information, including news articles, industry information, including recipes, text, training materials, photographs, illustrations, audio and/or video clips (collectively the “Content”). We have no responsibility, legal or otherwise, for content which Pocono ProFoods did not originate or create. All Content is provided “as is”, with all faults, and Pocono ProFoods shall have no responsibility or liability related to reliance on the Content. Further, Pocono ProFoods does not endorse the accuracy of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the services of any user or information provider. You acknowledge that any reliance upon any Content is at your sole risk. Under no circumstances shall Pocono ProFoods have any liability for any Content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind Incurred as a result of the use of any Content. Moreover, Pocono ProFoods or another third party may edit, alter, or summarize certain Content provided by others; Pocono ProFoods is not liable for the completeness of any Content provided to you, regardless of whether Pocono ProFoods has edited, altered, or summarized such Content.
You acknowledge that Pocono ProFoods and any third party content providers retain ownership of the Material on the Website; you do not acquire any ownership rights by printing or downloading any of the information.
All of our trademarks may be used publicly, including in advertisements and promotions, only with permission from Pocono ProFoods. Users of the website agree to respect the same rights of any third parties.
Termination of Use
Pocono ProFoods may terminate your usage at any time, with or without cause, and may refuse to provide anyone access to the Website. Any such termination shall end the license described above. However, in the case of any termination, you agree that you shall abide by these Terms, as they remain in full force and effect following termination.
Proper Use of Information
Any information or other communication you transmit or post to the Website will be considered non-confidential and non-proprietary. Pocono ProFoods has no obligations with respect to this information. Pocono ProFoods and its representatives may copy, disclose, incorporate and use the information and all included data, images, sounds, text, etc., for any commercial or non-commercial purposes.
Website users are required to communicate with Pocono ProFoods and our Associates and representative for business purposes. You may not post or transmit any unlawful, threatening, defamatory, obscene, scandalous, inflammatory or pornographic materials, or any materials that constitute a criminal offense, or further a criminal act or conspiracy, or otherwise violate any civil or criminal laws. We will fully cooperate with any law enforcement agency or court requesting us to disclose any information related to a Website user or any communication posted on the Website.
Links to Third Party Websites
Our Website may contain links, created by other entities, for your convenience and for reference only. Some of these websites may have certain references to Pocono ProFoods. However, please be aware that the information, products or services provided through third party provided sites are in no way controlled by us. Pocono ProFoods makes no guaranty or warranty as to any of the materials or content available through these third party sites. Accessing and relying on these sites is solely the users’ responsibility. Pocono ProFoods reserves the right to terminate any link, at any time.
Limitation of Liability
YOU ACKNOWLEDGE THAT POCONO PROFOODS DOES NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE WEBSITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS ACCURATE OR COMPLETE. FURTHER, YOU ACKNOWLEDGE THAT YOU WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE WEBSITE. ALL INFORMATION CONTAINED ON THE WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS PROVIDED (REGARDLESS OF WHETHER SUCH MATERIALS ARE CREATED BY POCONO PROFOODS OR A THIRD PARTY) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR RESPONSIBLITILTY AS TO (a) TITLE, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE; (b) INFORMATIONAL CONTENT, COMPLETNESS OR ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE WEBSITE OR OTHERWISE; (c) THE QUALITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE WEBSITE; OR (d) ANY PRODUCTS OR SERVICES DESCRIBED ON THE WEBSITE. NEITHER POCONO PROFOODS, NOR ANY OF ITS AGENTS, ASSOCIATES, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE, OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE. THE TOTAL LIABILITY OF POCONO PROFOODS TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE. YOU MAY BRING NO CLAIM AGAINST POCONO PROFOODS MORE THAN ONE (1) YEAR AFTER THE ACTION AROSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF POCONO PROFOODS IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
This Website is controlled by Pocono ProFoods from within the United States of America. We make no representation that the Materials are available or applicable for use in other locations. Users who access the Website from other locations do so voluntarily and are responsible for compliance with applicable local laws. No user may use the Website to violate of U.S. laws and regulations, including those pertaining to importing and exporting.
Jurisdiction and Governing Laws
Any claims relating to the Website or its content shall be governed by the laws of the Commonwealth of Pennsylvania. Jurisdiction for any legal action lies solely and exclusively with the Courts of Monroe County, Pennsylvania and the Federal Courts with jurisdiction over the Middle District of Pennsylvania.
Pocono ProFoods may revise these Terms at any time by posting updates. You may visit this page at any time to review the current, binding Terms because they are binding on you. Certain provisions in these Terms may be superseded by express legal notices, or terms located on a particular page of this Website.