This Terms of Use Agreement (“Agreement”) is made by and between United Sugar Producers & Refiners (“United,” “Us, “We” or “Our”), and you (“you,” “your,” or “User”). This Agreement contains the terms and conditions that govern your use of any website that includes, displays, attaches, references, or links to this Agreement..
BY ACCESSING, VISITING, BROWSING, USING, DOWNLOADING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR OTHERWISE, YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (SUCH ENTITY ALSO BEING INCLUDED IN THE TERMS “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE. UNITED RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN UNITED’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE HYPER-LINKS FOR THIS AGREEMENT LOCATED AT THE BOTTOM AND WITHIN VARIOUS PAGES ON THE UNITED WEBSITE INCLUDING WITHOUT LIMITATION ITS MAIN LANDING PAGE.
United may modify these Terms and Conditions at any time by posting the modified terms and conditions on the Site and all such modified terms and conditions shall become effective when posted. BY CONTINUING TO USE THE SITE FOLLOWING THE POSTING OF ANY MODIFICATIONS ON THE SITE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS AND THESE TERMS AND CONDITIONS, AS MODIFIED. These Terms and Conditions were last modified on October 1, 2023.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR ANY SUCH MODIFICATIONS, YOU MUST DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY.
ACCESS TO THIS SITE
To access this website or some of the resources it offers, including contacting United, whether to seek samples, seek quotes, sign up for news or information, or otherwise, you may be asked to provide certain registration details or other information such as your name, e-mail address, physical address, company affiliation, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If United believes the information you provide is not correct, current, or complete, United has the right to refuse you access to this website or any of its resources, and to terminate or suspend your access at any time.
THIS WEBSITE IS INTENDED FOR USE BY INDIVIDUALS 18 YEARS OF AGE OR OLDER. WE HAVE NO INTENT TO COLLECT INFORMATION FROM CHILDREN UNDER THE AGE OF 18. ALTHOUGH OUR WEBSITE IS INTENDED TO BE CHILD-SAFE, IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT ACCESS OR USE THIS WEBSITE WITHOUT THE CONSENT OF YOUR PARENT OR GUARDIAN.
RESTRICTIONS ON USE
You may use this website for purposes expressly permitted by this website. As a condition of your use of the United website, you warrant to United that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this website or its Content, or (ii) frame this website or its Content, without the express prior written permission of an authorized representative of United. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or Content accessible within this website. You agree to cooperate with United in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the United website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this website without our express permission. Your use of this website is strictly for your personal use only unless otherwise authorized in writing by United.
ADDITIONAL USE LIMITATION
You may not modify, copy, translate, decompile, disassemble, reverse engineer, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell, or delete or change any copyright, trademark, or other proprietary notice on, any Content or services obtained from or otherwise connected to the United website except as expressly permitted by United. United requires these limitations to protect the integrity of its website and the organization.
PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by United, including without limitation all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, as well as documents and information downloadable from the website (the “Content”) is the proprietary information of United or the party that provided or licensed the Content to United, whereby such providing party retains all right, title, and interest in the Content subject to the license grants to United. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, or transmitted in any way without the prior written consent of United or, in the case of the Submissions, except as is consistent with the license granted by users as set forth in this Agreement. Modification or use of the Content except as expressly provided in this Agreement violates United’s intellectual property rights and/or the intellectual property rights of others. Neither title nor intellectual property rights in and to the website or its Content are transferred to you by access to this website.
HYPER-LINKS
This website may be hyper-linked to other websites which are not maintained by, or related to, United. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this website or United. United has not reviewed any or all of such websites and is not responsible for the content of those websites. United is not responsible for webcasting, streaming, downloads, or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at the user’s own risk, and United makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website. United provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by United of that website or any association with its operators.
SUBMISSIONS
You hereby grant to United the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, make, modify, adapt, publish, translate, broadcast, create derivative works from, distribute, offer to sell, sell, import, perform, and display all text, video, audio, streaming content, graphics, images, photographs and other perceivable media, remarks, suggestions, ideas, or other information communicated to United through this website (together, the “Submission”), and to incorporate any Submission, in whole or in part or modified as United sees fit, in other works in any form, media, or technology now known or later developed. You hereby waive in perpetuity all so-called “moral rights,” rights of integrity, rights of paternity, rights of disclosure, rights of withdrawal, rights of attribution, rights to prevent attribution in the event of a distortion, mutilation, or modification, and all such analogous rights in or related to any Submission. You further agree that United may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to United through the website in conjunction and in relation to your Submission and you waive any right of publicity or
DISCLAIMER
You understand that United cannot and does not guarantee or warrant that files, including without limitation Content, available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. We are not responsible in any way for any lost or deleted Submissions. United does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by United.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, ANY INFORMATION OR OTHER COMMUNICATIONS SENT TO YOU AS A RESULT OF YOUR INTERACTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR SIGNING UP FOR NEWS OR QUOTES, AND ANY SAMPLES SENT TO YOU BY YOUR REQUEST THROUGH THE WEBSITE (COLLECTIVELY “WEBSITE RELATED SERVICES”) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. UNITED DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES. UNITED DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE, OR ANY OTHER WEBSITE RELATED SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE RELATED CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNITED DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE RELATED SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE RELATED SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND UNITED MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT UNITED, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE RELATED SERVICES.
All of the information in the Website Related Services, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the website or is otherwise transmitted or communicated to you, and United does not undertake any obligation to update such information after it is posted or communicated to you, or to remove such information from this website if it is not, or is no longer accurate or complete.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, UNITED, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES, EVEN IF UNITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF UNITED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS REGARDING OR RELATING IN ANY WAY TO THE WEBSITE RELATED SERVICES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW IF A TOTAL DISCLAIMER OF ALL LIABILITY IS NOT ALLOWED.
SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF UNITED. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION OR RESTRICTION OF ACCESS
United reserves the right, in its sole discretion, to terminate your access to the United website or any portion thereof and the related services or any portion thereof at any time, without notice.
INDEMNITY
You will defend, indemnify, and hold United, its subsidiaries, affiliates, licensors, licensees, content providers, service providers, employees, agents, officers, directors, members, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including without limitation any use of Content or other Website Related Services other than as expressly authorized in this Agreement and any claim or damage of any type regarding or relating to your Submission, such indemnification including without limitation any and all resulting loss, damages, judgments, awards, costs, fines, expenses, and attorney’s fees (including without limitation for the cost of defense) (collectively “Losses”) of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the website or the Content or other Website Related Services, such indemnification including without limitation all resulting Losses, except to the extent such claims and Losses are due to the negligent or willful acts of United.
TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of United or the party that provided the trademarks, services marks, logos, and copyrighted works to United. United and any party that provided trademarks, service marks, logos, and copyrighted works to United retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website.
© United Sugar Producers & Refiners Cooperative, all rights reserved.
SECURITY
Any passwords or other login credentials used for this website are for individual use only and the use of your credentials, whether by you or others, to log into access restricted areas of the website for use or viewing of the Content by individuals other than you is strictly prohibited. You will be responsible for the security of your password (if any). United will be entitled to monitor your logins and password and, at its discretion, require you to change your password or other login credentials. If you use a password that United considers insecure, United will be entitled to require the password to be changed or United may suspend or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, United reserves the right to release your details to law enforcement and system administrators at other websites in order to assist them in resolving security incidents. United reserves the right to investigate suspected violations of these Terms of Use.
United reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing United to disclose the identity of anyone using or viewing the website and any information about or related to such individuals, including without limitation anyone posting any messages, providing Submissions, or publishing or otherwise making available, any materials or taking any actions in relation to the Website Related Services. Furthermore United reserves the right to provide any and all information it has regarding or relating to you to any competent law enforcement body, regulatory body, government agency, court, or other third party where United believes such disclosure is reasonably necessary: (i) as a matter of applicable law or regulation; (ii) to exercise, establish, or defend United’s legal rights, (iii) as a part of a lawsuit, claim, demand, or investigation; or (iv) to protect your vital interests or those of any other third party. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS UNITED FROM ANY CLAIMS RESULTING FROM ANY OF THE AFOREMENTIONED ACTIONS TAKEN BY UNITED.
MISCELLANEOUS
This Agreement and any related dispute between the parties will be governed and interpreted pursuant to the laws of the state of Minnesota, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and United arising out of or relating to this Agreement or pertaining to the subject matter hereof. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of or relating this Agreement or pertaining to the subject matter hereof will be in the state and federal courts located in Minnesota.
If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and if not so modifiable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions.
United may assign or otherwise convey any of its rights and obligations under this Agreement, but you may not. All of the terms and conditions of this agreement shall inure and be binding upon any party’s permitted successors and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and United as a result of this agreement or use of United’s website or any Website Related Services.
This Agreement constitutes the entire agreement among the parties relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and United with respect to the subject matter of this Agreement.
Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
The failure by United at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default us will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
United may revise these Terms of Use at any time by updating this posting.
Effective Date: October 1, 2023.
© United Sugar Producers & Refiners Cooperative All Rights Reserved.