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LEGAL POLICY
By accessing and browsing any web site owned and/or operated
by Peanut Corporation of America (collectively the "Site"), you accept,
without limitation or qualification, the Legal Policy set forth in the following
Terms and Conditions,
as well as any other law or regulation that applies to the Site, the Internet
or the Worldwide Web.
TERMS AND CONDITIONS
1. Acceptance of Terms of Use. Peanut Corporation of America ("Peanut Corporation" or "PCA")
provides you with access to, and use of, the Site subject to all applicable
laws and regulations and this Legal Policy. By accessing and using the Site
you accept each of the Terms and Conditions of this Legal Policy without
limitation. If you do not accept each of the Terms and Conditions contained
in this Legal
Policy without limitation, please exit the Site. This Legal Policy supercedes
any other agreements you may have with Peanut Corporation of America 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 Peanut Corporation
of America, its licensors or others with all rights reserved. You should
assume that the Content is copyrighted and owned by Peanut Corporation of America
unless
otherwise noted and you may not use the Content, except as provided in this
Legal Policy, without the prior written permission of Peanut Corporation
of America.
All trademarks, trade names and logos and all related product names, design
marks and slogans which appear on the Site are either the trademarks or service
marks (registered or unregistered) of Peanut Corporation of America or its licensors
unless otherwise stated herein. Peanut Corporation of America and its licensors
expressly reserve all intellectual property rights in all Content on the Site.
No license is granted to you in connection with such Content contained on the
Site.
In its sole discretion, Peanut Corporation of America 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. Peanut Corporation of America maintains the Site for your
personal entertainment, information, education, and communication only and
grants you permission to use the Site and to download Content, but only 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 Peanut Corporation of America, 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 Peanut Corporation of America. Any
unauthorized use of such Images may violate copyright laws, trademark laws,
the laws of privacy
and publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities
on the Site:
o Upload, post or transmit any informational content that is unlawful, threatening
to another person or entity, infringing, defamatory, false, misleading, abusive,
harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy
of another, or is otherwise objectionable;
o Intentionally or unintentionally violate or encourage conduct that would
be considered a violation of any local, state or federal law, either civil or
criminal;
o Impersonate another user, person or entity, including any official or employee
of Peanut Corporation of America;
o Upload, post or transmit any informational content that is the copyrighted,
patented or trademarked intellectual property of another, or the trade secret
of or confidential information of another; and
o Use the Site to advertise or perform any commercial solicitation.
4. Privacy. Your use of the Site is also subject to the Peanut Corporation
of America Privacy Policy. Peanut Corporation of America hereby incorporates
the entirety of that Privacy Policy into this Legal Policy.
5. Links to Third Party Sites. The Site may contain links to other Internet
sites not under the ownership or editorial control of Peanut Corporation
of America. Such links are provided for your convenience only and are not express
or implied warranties, endorsements or approvals by Peanut Corporation of
America
of any products, services, advice or information available from such sites.
Peanut Corporation of America does not warrant and specifically disclaims
any and all responsibility or liability for your use of such sites and you hereby
release Peanut Corporation of America 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 Peanut Corporation of America. Check the Uniform
Resources Locator ("URL") address provided in your Worldwide Web browser
to see if you are still in a Peanut Corporation of America Site or have moved
to
another third-party site.
6. EXCLUSION OF LIABILITY. NEITHER PEANUT CORPORATION OF AMERICA 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 PEANUT CORPORATION OF AMERICA SITE AND YOUR USE OF ANY PEANUT
CORPORATION OF AMERICA 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 PEANUT CORPORATION OF AMERICA SITE BY ANY THIRD
PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. PEANUT CORPORATION OF
AMERICA DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT
AT ANY PEANUT CORPORATION OF AMERICA SITE.
PEANUT CORPORATION OF AMERICA 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, PEANUT CORPORATION OF AMERICA
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 CONSEQUENTAL DAMAGES. PEANUT CORPORATION OF AMERICA' 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.
7. DISCLAIMER. THE CONTENT OF ANY PEANUT CORPORATION OF AMERICA SITE IS
PROVIDED "AS
IS" AND PEANUT CORPORATION OF AMERICA DISCLAIMS ANY WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
o THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR
PURPOSE;
o THE CONTENT IS ERROR-FREE AND ACCURATE;
o THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED
OR ERROR-FREE;
o DEFECTS WILL BE CORRECTED;
o THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS;
o SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY
INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
o THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
o THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT PEANUT CORPORATION OF AMERICA) 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 THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Export Control. Software and other materials from the Site may be subject
to United States Export Control. The United State 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. Peanut Corporation of America does not authorize the exportation of any
software or technical data from the Site to any jurisdiction prohibited by the
United States Export laws.
9. 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 Peanut Corporation of America' historical experience and its present
expectations
or projections. These risks include, but are not limited to, Peanut Corporation
of America's 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. You should not place undue reliance
on forward-looking statements, which speak only as of the date they are made.
Peanut Corporation of America undertakes no obligations to publicly update
or revise any forward-looking statements.
10. Revisions to the Terms. Peanut Corporation of America may at any time,
in its sole discretion and without notice, revise or modify this Legal Policy
or the Privacy Policy. You are bound by any such revisions and should periodically
visit this Site to review the current Legal Policy and Privacy Policy pages.
11. Content Submitted by Users. Any communication or material you transmit
to Peanut Corporation of America at the Site by electronic mail or otherwise,
including any data, questions, comments, suggestions, or the like is, and will
be treated as, non-confidential and non-proprietary. Anything you transmit or
post may be used by Peanut Corporation of America or its subsidiaries and affiliates
for any purpose, including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Peanut Corporation of America
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever including, but
not limited to, developing, manufacturing and marketing products using such
information.
12. Health Related Information. Information accessible on this Site is for
information only and is not intended to be a substitute for professional medical
advice. Peanut Corporation of America 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 needs. 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.
13. Site Security. Users are prohibited from violating or attempting to violate
the security of the Site, including without limitation, (a) accessing data not
intended for such user or logging onto a server or an account which the user
is not authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending
unsolicited e-mail, including promotions and/or advertising of products or services;
(e) forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting; (f) by using any device, software or routine
to interfere or attempt to interfere with the proper working of the Site or
any activity being conducted on the Site; or (g) by using or attempting to use
any engine, software, tool, agent or other device or mechanism (including, without
limitation browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the Site other than the search engine and search agents available
from Peanut Corporation of America on this Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations
of system or network security may result in civil or criminal liability. Peanut
Corporation of America may investigate occurrences that potentially involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
14. Choice of Law. This Legal Policy and your use of this Site is governed
by the laws of the State of Virginia in the United States of America, without
regard to its choice of law provisions.
15. General Terms. This Legal Policy constitutes the entire agreement between
you and Peanut Corporation of America and governs your use of any Peanut Corporation
of America Site. The failure of Peanut Corporation of America to exercise or
enforce any right or provision of this Legal Policy shall not constitute a wavier
of any such right or provision. If any provision of this Legal Policy is found
by a court of competent jurisdiction to be invalid then such provision shall
be eliminated from the Legal Policy and the surviving terms shall remain in
full force and effect. Any claims arising under this Legal Policy must be brought
within one (1) year after such claim or action or action arose or be forever
barred.
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