Welcome! Seneca Foods Corporation and/or a Seneca Foods Corporation brand or Seneca Foods Corporation licensed brand (collectively and individually “Seneca Foods”) is pleased to provide various web sites (collectively, the “Site”) for your personal use. We hope that you will find it to be interesting and informative. By using this Site, you agree to the terms and conditions provided below.
Use of Site and Site Material
This Site is provided for your personal and noncommercial use. You may not copy material from this Site for commercial use. You may copy material in limited quantities from this Site for your personal noncommercial use provided that our copyright notice is affixed to the copied material. Seneca Foods reserves the right to terminate at any time your permission to make personal copies of material from this Site.
You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful conduct. Seneca Foods may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material the company deems inappropriate. Seneca Foods is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Site.
Ownership of Intellectual Property
Seneca Foods owns or has procured licenses to display the materials contained in this Site. The collective work is the property of Seneca Foods.
The Site (including past, present and future versions) and all materials that are included in or are otherwise a part of the Site, including, without limitation: graphics; layout; text; content; nutritional information, instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Seneca Foods, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Seneca Foods, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for Seneca Foods and/or its parent, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way Seneca Foods’ rights to exploit fully any or all of the Materials. You agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Seneca Foods’ rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so. You acknowledge and agree that you will not use Materials, or aid or abet anyone else in doing so, for commercial purposes.
Seneca Foods has procured licenses or owns the trademarks, service marks, and trade dress (“Trademarks”) displayed on this site. Nothing on this Site should be construed as a sublicense or license to use the Trademarks. Your use of the Trademarks displayed on this Site is strictly prohibited.
The entire contents of the Site (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, Seneca Foods owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Site. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks on the Site are the service and trademarks of Seneca Foods or affiliated companies. Without Seneca Foods’ prior written permission, you shall not display, reproduce, or use, in any manner any such marks; nevertheless, all goodwill associated with any use by you thereof will inure exclusively to Seneca Foods or their respective owners. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Seneca Foods, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Site.
License to Use Materials On Site
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, capture, store, download, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Site in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, online marketplace, or online marketplace product information page or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or Seneca Foods without the prior written consent of Seneca Foods.
Digital Millennium Copyright Act of 1998
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) (text at http://www.copyright.gov), Seneca Foods has a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
Notice and Procedure For Making Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Seneca copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on any of the Seneca Foods family of Site;
- Your address, telephone number, facsimile number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
Notice of claimed copyright or other intellectual property infringement should be directed to:
Email: [email protected]
Attn: Legal Department
418 E Conde Street
Janesville, WI 53546
Disclaimer of Warranties
The Site, including, without limitation, the Materials, are provided on an “As Is”, “As Available” and “With All Faults” basis. To the fullest extent permissible by law, Seneca Foods and its subsidiaries or affiliates and each of their employees, directors, officers, members, shareholders, agents, vendors, and contractors (collectively, the “Seneca Foods Parties”) make no representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
A.) The Site;
B.) The Materials on or provided through the Site;
C.) The downloadable items;
D.) User content;
E.) The functions made accessible on or through the Site;
F.) Any products, product information, product descriptions, product nutritional content or services or instructions offered or referenced at the Site; and/or
G.) Security associated with the transmission of information transmitted to or from Seneca Foods or via the Site. In addition, the Seneca Foods Parties herby disclaim all warranties, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Seneca Foods Parties do not represent or warrant that the Site or the functions contained therein will be error-free or uninterrupted; that defects will be corrected; or that the Site or the server that makes the Site available are free from any harmful components, including without limitation, viruses or other malware.
The Seneca Foods Parties do not make any representations or warranties that the information (including any instructions) on the Site is accurate, complete, correct, reliable, current, error-free, adequate, useful, timely, reliable or otherwise.
Some or all of the imagery used on this website may have been digitally altered or may be completely digitally rendered. The Seneca Foods Parties do not guarantee imagery to be accurate, complete, representative, current, or error-free.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITE, PRODUCTS OR SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT SENECA FOODS PARTIES AND ITS USERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, HEALTH, SAFETY, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR PRODUCTS AND SERVICES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
VERIFICATION OF MATERIALS INCLUDING ALL PRODUCT INFORMATION MAY BE REQUIRED PRIOR TO THE ACKNOWLEDGEMENT, COMPLETION OF ANY PURCHASES OR CONSUMPTION. THE MATERIALS MAY NOT BE ACCURATE OR UP TO DATE, SUFFICIENT DIFFERENCE OR DEFICIENCIES MAY EXIST. FOR THE MOST CURRENT INFORMATION, YOU SHOULD SEE THE ACTUAL PRODUCT LABEL.
Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products.
The Seneca Foods Parties do not warrant that your use of the Site is lawful in any particular jurisdiction, and the Seneca Foods Parties specifically disclaim such warranties. Some jurisdiction, and the Seneca Foods Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these Terms. By accessing or using the Site, you represent and warrant that your activities are lawful in every jurisdiction or where you access or use the Site.
YOUR USE OF THE SITE AND MATERIAL FROM THIS SITE IS AT YOUR OWN RISK.
Seneca Foods has not reviewed any or all of the sites linked to this Site and is not responsible for any site linked to this Site. Your linking to any site from this Site is at your own risk. By linking to a site or permitting a link to this Site, Seneca Foods does not endorse the site operator or the content of the linked site and is not responsible for the policies associated with such Site.
Seneca Foods may encourage user participation on this Site. However, Seneca Foods reserves the right to not post user content or remove user content that is inappropriate. This includes materials that:
- Contain obscenities, discriminatory language, or other language not suitable for a public forum
- Include Advertisements, “spam” content, or references to other companies, offers, or webSite
- May be fraudulent, deceptive, or misleading
- Violate copyright, trademark, or other intellectual property rights of another
- Violate any law or regulation
- Is Offensive or otherwise unacceptable to Seneca Foods
By submitting any content to this Site, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights in the content;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other webSite, addresses, email addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You further agree that:
- For any content that you submit, you grant Seneca Foods a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content for any purpose (including for commercial or marketing purposes) and into any form, medium or technology throughout the world without compensation to you.
- All content that you submit may be used at Seneca Foods’s sole discretion.
United States Only
Unless otherwise specified, this Site and material provided on this Site are solely for promoting products, programs, and business operations within the United States.
Software and other materials from this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to a) any country to which the United States has embargoed goods or services, b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Seneca Foods prohibits your downloading or exporting of software or other material from this Site in violation of U.S. Export Laws and the laws of your resident country. By downloading software or other material from this Site, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country.
Any dispute arising out of your use of this Site or material from this Site shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts of the State of New York shall have exclusive jurisdiction over all claims.
Severed Provisions and Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions.
This is the entire agreement between the parties relating to the subject matter.
Seneca Foods may modify these terms and conditions at any time and without notice.