Terms
By accessing and browsing this web site (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. Pot of Gold Products (“Pot of Gold Products”) 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 Pot of Gold Products 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 Pot of Gold Products, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by Pot of Gold Products unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of Pot of Gold Products.
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 Pot of Gold Products or its licensors unless otherwise stated herein. Pot of Gold Products 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, Pot of Gold Products 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. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Pot of Gold Products. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Pot of Gold Products of any products, services, advice or information available from such sites. Pot of Gold Products does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Pot of Gold Products 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 Pot of Gold Products. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Pot of Gold Products Site or have moved to another third-party site.
4. EXCLUSION OF LIABILITY. NEITHER POT OF GOLD PRODUCTS 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 THIS SITE. 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 POT OF GOLD PRODUCTS SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. CONAGRA FOODS DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY POT OF GOLD PRODUCTS SITE.
POT OF GOLD PRODUCTS 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, POT OF GOLD PRODUCTS 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. POT OF GOLD PRODUCTS’ 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.
DISCLAIMER. THE CONTENT OF THIS SITE IS PROVIDED “AS IS” AND POT OF GOLD PRODUCTS DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
5. Revisions to the Terms. Pot of Gold Products 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.
6. Content Submitted by Users. Any communication or material you transmit to Pot of Gold Products 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 Pot of Gold Products or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pot of Gold Products 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. Pot of Gold Products will not compensate you in any way for any such information, nor will the information be returned to you.
7. Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Pot of Gold Products 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.
8. Choice of Law. This Legal Policy and your use of this Site is governed by the laws of the State of California in the United States of America, without regard to its choice of law provisions.
9. General Terms. This Legal Policy constitutes the entire agreement between you and Pot of Gold Products and governs your use of any Pot of Gold Products Site. The failure of Pot of Gold Products 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.
