Terms & Conditions

Access to and use of this site www.JordansCerealsUSA.com or any other platform we place these Terms & Conditions on (the “Site”) is provided by The Jordans & Ryvita Company, a division of ABF Grain Products Limited (“Jordans & Ryvita”) subject to the following terms:

1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.  BY USING THE SITE(OTHER THAN TO READ THESE TERMS & CONDITIONS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS & CONDITIONS, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN “AMENDMENT & ADDITIONAL TERMS” PARAGRAPH BELOW.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, DO NOT USE OR ACCESS THE SITE.
2. Jordans & Ryvita may change these terms at any time by posting changes on the Site as provided in the “Amendment & Additional Terms” paragraph. Please review these terms regularly to ensure you are aware of any changes made by Jordans & Ryvita. Your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of the Site

3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any the Content except for your own personal, non-commercial use. Any other use the Content requires the prior written permission of Jordans & Ryvita.
4. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw the service we provide without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
5. You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Furthermore, except as expressly permit in writing, you may not:
   • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through the Site or Content;
   • circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or portion of the Site;
   • use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Site or Content for any purpose without our express written permission. Notwithstanding the foregoing, Jordans & Ryvita grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Jordans & Ryvita reserves the right to revoke these exceptions either generally or in specific cases;
   • collect or harvest any personally identifiable information or non-personally identifiable information from the Site including, without limitation, user names, passwords, email addresses;
   • attempt to or interfere with the proper working of the Site or impair, overburden, or disable the same;
   • decompile, reverse engineer, or disassemble any portion of our software or the Site;
   • encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
   • violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
   • engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

Disclaimers and Limitation of Liability

6. YOU EXPRESSLY AGREE THAT USE THE SITE IS AT YOUR SOLE RISK. THE SITE AND RELATD CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, JORDANS & RYVITA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES (“J&R PARTIES”) DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:  (I) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR CONTENT OF THE SITE OR CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SITE OR CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED..
7. UNDER NO CIRCUMSTANCES SHALL ANY OF THE J&R PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SERVICES OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE INCLUDING, WITHOUT LIMITATION, RELATED CONTENT IS TO STOP USING THE SITE.   SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED FROM GOODS RECEIVED THROUGH OR ADVERTISED WITH THE SITE OR ANY LINKS PLACED IN OUR SERVICES, AS WELL AS ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED WITH THE SITE OR ANY LINKS PLACED ON THE SITE.  THIS LIMITATION SHALL APPLY WITH RESPECT TO DAMAGES INCURRED FROM ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY USING THE SITE. THE LIMITATIONS SET FORTH ABOVE WILL APPLY EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
8. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE J&R PARTIES EXCEED THE LESSER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY JORDANS & RYVITA DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the full extent permitted by law.
9. The advice provided on the Site is generic in nature and is intended to be for information only any health-related information that may be posted is not intended to be a substitute for professional medical advice. Jordans & Ryvita cannot provide personalised dietary or lifestyle advice. If you require individually tailored advice regarding food, nutrition and lifestyle then you should contact a family doctor or dietician.  Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Jordans & Ryvita does not endorse or warrant the validity of any such health related statements found on this Site or in any in third party sites referenced in the site.
10. Parts of our Site may contain links to third-party websites for your convenience and information only. When you access a non-Jordans & Ryvita website, even one that may contain our logo or subsidiary or parent company logos, please understand that we do not control the content and are not responsible for the privacy practices of that site. We suggest that you carefully review the terms and conditions and privacy policies of each site you visit. These terms and conditions and our Online Privacy Statement do not cover the information practices of those Web sites linked to/ from the Site. These other sites may send their own cookies to users, collect data, or solicit personal information.
11. You agree to indemnify, defend and hold harmless the J&R Parties from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable legal fees) that arise from: (1) any violation of these terms by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Site; (5) your use of the Site; or (6) any of your acts or omissions.

Intellectual Property

12. The Site and Content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through the Site and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by us, our licensors, our affiliates, or identified third parties (collectively, the “Content”). Except for the limited use rights granted to you in these Terms & Conditions, you shall not acquire any right, title or interest in the Site or any Content.  Any rights not expressly granted in these Terms & Conditions are expressly reserved.
13. User Submissions – Any communication or material you transmit to Jordans & Ryvita through this Site, by electronic mail or otherwise, including any data, questions, comments, ideas, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Jordans & Ryvita for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Jordans & Ryvita is free to use any ideas, concepts, know-how, techniques or other information contained in any communication you send us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Jordans & Ryvita will not compensate you in any way for any such information, nor will the information be returned to you. Any such submission constitutes your irrevocable assignment and transfer, without additional consideration, to Jordans & Ryvita of all right, title and interest in all information included in the submission, including, but not limited to, all copyrights, trademarks or other intellectual property rights.

Contributions to the Site

14. Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Jordans & Ryvita a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. You further waive any and all moral rights in favour of Jordans & Ryvita’s. If you do not want to grant to Jordans & Ryvita the rights set out above, please do not submit your contribution to the Site.
15. Further to paragraph 14, by submitting any contribution to the Site, you warrant that your contribution:
    • is your own original work and that you have the right to make it available to Jordans & Ryvita for all the purposes specified above;
    • does not contain unlawful, libellous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable content;
    • does not contain and advertisement or commercial solicitation;
    • does not disseminate or contain harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or information; and,
    • does not infringe any law.

Copyright Policy

16. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable access to the Site by users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material hosted on our systems that may be infringing or the subject of infringing activity.
    In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

     

    DMCA Agent
    Jordans & Ryvita
    c/o ABF North America
    1 Parkview Plaza, Suite 500
    Oakbrook Terrace, IL 60181
    consumercare@jordansryvita.com

    If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
    • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

DISPUTE RESOLUTION & MANDATORY ARBITRATION

17. We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at consumercare@jordansryvita.com. We will contact you based on the contact information you have provided us. If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with paragraph 17. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
18. We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Further:

• We are entering this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
• Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, as set forth below, we each agree that any arbitration will be solely between you andJordans & Ryvita, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

NO CLASS ACTIONS

19. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

NO TRIAL BY JURY

20. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Amendment & Additional Terms

21. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Site or to modify these Terms & Conditions. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Site generally, unique aspects of the Site, or both (“Additional Terms”).  To the extent any Additional Terms conflict with these Terms & Conditions, the Additional Terms will control.

General

22. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The paragraph headings used herein are for convenience only and shall not be given any legal import.
23. These Terms & Conditions (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
24. You may not assign these Terms & Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.  We may assign these Terms & Conditions or any rights hereunder without your consent and without notice.
25. If there is any conflict between these terms and specific terms appearing elsewhere on the Site then the latter shall prevail.
26. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any province in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
27. These terms shall be governed by and interpreted in accordance with the laws of the State of Delaware applicable therein without regard to its conflict of laws rules.