Privacy Policy and Terms of Use

PRIVACY POLICY

This website ("Site") is owned and operated by Blue Diamond Growers, a California Corporation ("we", "our," or "us"). This Privacy Policy discloses our collection of information through any use of the Site by you ("you," "your," or "User") and how we may use the information. By accessing, browsing, or otherwise using the Site, you acknowledge and consent to our collection and use of information as set forth in this Privacy Policy.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR CONSENT TO THIS PRIVACY POLICY. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY POLICY. Please check back periodically as this Privacy Policy may change from time to time.

The Information We Collect and How We Use It

The Site is a general-audience website, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you should not and may not provide any personal information to us through or on the Site.

The Site may allow online orders. When you order online, we may collect your name, shipping and billing addresses, telephone numbers, e-mail address, and preferred shipping methods in order to deliver your orders. When shipment for a gift is made to someone else, we also collect the recipient's name and address. Your credit card information is used for billing purposes.

The Site may allow you to submit your contact information for the opportunity to receive e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. We will always give you the option of whether or not to receive these. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.

The Site may allow you to submit, upload, or link to your comments or other content such as photos or video (individually and collectively, "User Content"). To be eligible to submit any such User Content, you must be at least 18 years old and a resident of the United States. When you submit User Content, we may collect your name, city, state, e-mail address, other contact information, and information about the stores at which you buy our products. If we publish User Content, we may publish it along with your first name and last initial, city, and state and your photo or other likeness that you may have uploaded as part of the User Content. If you have indicated that you would like to receive e-mails from us, we will use your e-mail address to send you e-mails that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.

We may release personal information when we believe release is necessary to comply with law. We may also exchange information with third parties for fraud protection and credit risk reduction.

We may use third party organizations that assist us in delivering electronic mail or coupons, providing customer service, or shipping products to you. They may use personal information to perform their functions.

If we acquire or merge with other companies, or were to be acquired, customer information is generally one of the transferred business assets.

IP Address

We track IP addresses (the Internet address of your computer) for system administration purposes. IP addresses are logged per the user's session and help us determine how often areas on our site are visited. In most cases, we view and delete the information immediately. We never link an IP address to a specific customer.

Cookies

Cookies are identifiers that are transferred to your computer's hard drive through your Web browser to keep track of, if applicable, your shopping cart and remember your selections while you are ordering. We do not use cookies to retrieve any personal information about you from your computer.

Security

The Site has security measures in place intended to protect the loss, misuse, and alteration of the information under our control. We are committed to the protection of your personal and order information. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.

Removal from Mailings

To be removed from our e-mail or mailing lists, you may respond to the e-mails that we send out with your request for removal, or you may send an e-mail to feedback@bdgrowers.com. There may be some lag time between our receipt of your request and our being able to update our lists. Thank you for your patience in this regard.

Links

The Site may include links to other websites owned or operated by third parties. We may do this for the convenience of you and other users of the Site, but we do not have control over the operation of these third-party websites. Please consult those websites' privacy policies or otherwise with the owners or operators of those websites to learn about any information collection or usage at or by those websites.

International Visitors

This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, or processed in the United States. The data protection and other laws of the United States might not be as comprehensive as those in your country. By accessing or using the Site, or by providing any of your information to us through the Site, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

Notification of Changes

If at some point in the future, there is a change to our information usage practices that affect your personal information, we will post these relevant changes on the Site.

Effective Date: January 27, 2010

TERMS OF USE

This website ("Site") is owned and operated by Blue Diamond Growers, a California Corporation ("we", "our," or "us"). These Terms of Use apply to any access or use of the Site by you ("you," "your," or "User"). By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Use-and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy above.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE. Please check back periodically as the Terms of Use may change from time to time.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Site for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.

User Submissions and Content

you represent and warrant that you meet the eligibility requirements to submit User Content;
you grant us a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to publish, copy, distribute, edit (including without limitation for corrections, length, formatting, convenience, or medium), arrange, translate into other languages, perform, display publicly, quote, excerpt, and otherwise use User Content (in whole or in part)-without any right of pre-approval, moral rights, rights of attribution-in or through the Site, any other websites owned or operated by us, and any electronic, print, or other medium;
you grant us a perpetual, irrevocable, nonexclusive, fully-paid, royalty-free license to use your name and likeness in connection with User Content; and
you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any ideas, input, feedback, or anything else in User Content to change our existing products or services, to develop new products or services, or otherwise in our business.

Restrictions on Use

You are responsible for your access or use of the Site and submission of any User Content.

Without limitation to the generality of the rest of these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them. You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site's operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

You agree that any User Content that you submit will not:

be defamatory, offensive, harmful, abusive, threatening, or harassing (or advocate the threatening or harassing of others);
use expletives, profanities, vulgarities, obscenities, or sexually explicit material;
contain names, information, or other content intended to impersonate others or otherwise mislead as to who is authoring or submitting the content;
publish or submit for intended publication the private personal information of any person;
contain spam, chain letters, junk e-mail, or other unsolicited mass messaging;
contain illegal content or otherwise violate any applicable law, rule, or regulation; or
infringe or otherwise violate any third-party right, including without limitation copyright, trademark, patent, trade secret, right of publicity, right of privacy, and any other intellectual-property or proprietary right.

Indemnity

YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

Disclaimer of Warranties

WE PROVIDE THE SITE "AS IS," WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT-INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY CONTENT ON IT)-WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY-EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Dispute

We have adopted the following procedures to handle copyright-infringement notifications in accordance with the Digital Millennium Copyright Act (DMCA). Upon receiving notice of a claimed copyright infringement, we will remove the allegedly infringing material under the following procedures, intended to comply with the DMCA.

As mentioned, we may publish User Content on the Site. If you believe that any User Content (or for that matter any other part of the Site) infringes your copyright, please provide us with a written notice that includes the following:

Identification of the copyrighted work that you believe as been infringed;
Identification of the material on the Site that believe infringes your copyright, with specific detail to allow us to locate the material on the Site;
A statement by you that you have a good-faith belief that the use of the material at issue is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that the above information in your notice is accurate and that you are the owner of the copyright at issue (or that you are authorized to act on behalf of that owner);
Your name, address, telephone number, and e-mail address; and
Your physical or electronic signature.

Please note that you may be subject to liability under Section 512(f) of the Digital Millennium Copyright Act if you materially misrepresent that material on the Site infringes your copyright.

We may give notice to the user who submitted the material in dispute by means of a general notice on the Site or through the use of any e-mail or other contact information that the user may have provided to us. If you receive such a notice, and you believe that material has been mistakenly removed from the Site, you may provide us with a written counter-notice, which must include the following:

Identification of the material on the Site that was removed, with specific detail to allow us to locate where the material appeared on the Site;
A statement by you declaring under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification;
Your name, address, telephone number, and e-mail address; and
Your physical or electronic signature.

Please address and send all copyright notices and counter-notices as follows:

Blue Diamond Growers
Attn.: Copyright Agent
1802 C Street
Sacramento, CA 95814

Changes to Terms of Use

If at some point in the future, there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access, browse, or otherwise use the Site, you agree to be legally bound by any such new Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Sacramento, California; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

Effective January 27, 2010.