TERMS AND CONDITIONS

Last Updated: October 3, 2023

1. ACCEPTANCE OF TERMS: These “Terms and Conditions” are entered into by and between you and International Grains and Cereal LLC and its affiliates and related companies (“IGC,” “we” or “us”). These Terms and Conditions apply to this website, including any content, functionality, and services offered through this website, and all related applications however accessed, such as via personal computers, mobile devices or otherwise (collectively, this “Site”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE SITE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING THIS SITE (OTHER THAN TO REVIEW THESE TERMS AND CONDITIONS), YOU ACKNOWLEDGE THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY (AS DEFINED IN SECTION 4), WHICH MAY CHANGE FROM TIME TO TIME PURSUANT TO SECTION 6 BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY PART HEREOF, PLEASE DO NOT ACCESS OR USE THIS SITE.

2. INTELLECTUAL PROPERTY RIGHTS: We are the owners or licensees of the materials appearing on this Site, which includes, without limitation, all past, present and future versions and the content thereof along with all derivative works or enhancements of such content, features, and functionality (including but not limited to all information, displays, layout, text, illustrations, instructions, files, images, designs, software, scripts, graphics, photos, sounds, music, videos, advertising material, services, recipes, URLs, the “look and feel” of this Site, the design, selection and arrangement of the materials on this Site and of this Site itself, all computer code and other software related thereto, and any and all copyrightable material (collectively, the “Protected Content“), and no portion of this Site or any Protected Content may be used in any matter or for any purpose without the express written consent of IGC, except as provided for herein. Except for the limited right of use expressly granted to you in these Terms and Conditions, you shall not acquire and you shall not claim any right, title or interest in this Site or any Protected Content. Except as expressly set forth herein, you may not use, reproduce, distribute, modify, create derivative works based upon, publicly display, publicly perform, publish, republish, download, store, transmit, or otherwise exploit any Protected Content for any purpose whatsoever without obtaining prior written consent from IGC. IGC reserves any and all rights not expressly granted to you in these Terms and Conditions.

Without in any way limiting the foregoing or waiving any of our rights, you may, for your personal, non-commercial use only use the Protected Content as follows:

Your computer may temporarily store copies of such Protected Content in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your Web browser for display enhancement purposes; and
You may print or download one (1) copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this Site;
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms and Conditions, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. We reserve the right to seek any and all remedies available at law, in equity or otherwise for such violations. At no time shall you use any Protected Content in a manner that may suggest an association with IGC or any of its products, services or brands.

3. DISCLAIMERS: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THIS SITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR ANY OF THE PROTECTED CONTENT, ALL OF WHICH IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NEITHER IGC NOR ANY PERSON ASSOCIATED WITH IGC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER IGC NOR ANYONE ASSOCIATED WITH IGC REPRESENTS OR WARRANTS THAT THE SITE, THE PROTECTED CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IGC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY (i) WARRANTIES OF CUSTOM, TRADE OR QUIET ENJOYMENT, (ii) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (iii) WARRANTIES FOR ANY SERVICES OR GOODS OBTAINED ON OR THROUGH THIS SITE OR ADVERTISED ON OR ACCESSED THROUGH THIS SITE; (iv) WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS, (v) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS, CORRECTNESS OF ANY CONTENT, OR THAT ANY CONTENT IS ERROR-FREE, (vi) WARRANTIES THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (vii) WARRANTIES THAT THIS SITE WILL MEET YOUR USER NEEDS OR EXPECTATIONS; (viii) WARRANTIES THAT YOUR USE OF THIS SITE WILL BE RELIABLE, TIMELY, SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE; AND (ix) WARRANTIES THAT DEFECTS OR ERRORS ON THIS SITE WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4. PRIVACY POLICY: We have adopted a privacy policy by which you are bound under these terms and conditions. IGC’s privacy policy may be found here (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these terms and conditions. Please ensure that you read and understand the Privacy Policy before entering any personal information into this Site.

In order to access or use some information of this Site, you must submit personal information. If you are under the age of eighteen (18) you are not permitted to submit personal information to IGC. Please review the Privacy Policy for more information about children and privacy.

At no time shall you collect or harvest any personally identifiable information from this Site including, without limitation, names, addresses, or e-mail addresses.

By using this Site, you agree to the transfer of your personal outside the United States of America, for storage, processing and use by IGC in the Republic of Venezuela or by its Affiliate companies located in the United States of America, Colombia, Ecuador, Chile Perú, México and/or Spain, respectively.

Therefore, you know and expressly accept that your data will be processed outside the United States of America. Also, you are expressly informed that the level of protection in the field of personal data in some jurisdictions may be different from that of the United States of America.

5. TRADEMARKS: All trademarks, service marks, trade names, trade identities, trade dress logos, slogans, symbols, designs and contents of this Site are licensed or owned by IGC and/or its affiliates or related companies. You must not use such marks without the prior written permission of IGC. All other marks on this Site are the marks of their respective owners.

Notwithstanding anything to the contrary herein, the access, navigation and use of the Site and the services and items available through the Site by a user shall in no way imply a waiver, transmission, license or total or partial assignment of any intellectual property rights of IGC or its licensors.

6. AMENDMENT: IGC RESERVES THE RIGHT TO AMEND, MODIFY, CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. Updated Terms and Conditions shall be effective immediately upon being posted to this Site and may be identified by a change in the “last updated” date listed above. In addition, you may be notified by IGC from time to time (in any way in which we are permitted to communicate with you hereunder) of additional terms that may govern your use of this Site (“Additional Terms“). All Additional Terms are incorporated by reference into these Terms and Conditions without further notice to you. To the extent any Additional Terms conflict with these Terms and Conditions, the Additional Terms will control.

YOU SHOULD PERIODICALLY CHECK THESE TERMS AND CONDITIONS FOR UPDATES. WE HAVE NO OBLIGATION TO AFFIRMATIVELY ADVISE YOU OF ANY CHANGES, AMENDMENTS, MODIFICATIONS, ADDITIONS OR DELETIONS IN OR TO THESE TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT BY VISITING THIS SITE FOLLOWING SUCH CHANGES OR UPDATES YOU SHALL BECOME BOUND TO THE CURRENT VERSION OF THESE TERMS AND CONDITIONS, INCLUDING ALL ADDITIONAL TERMS.

7. CHOICE OF LAW; JURISDICTION AND VENUE: All matters relating to this Site and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes and claims), shall be governed and construed in accordance with the laws of the State of New York without giving effect to any conflict or choice of law provisions or rules (whether of the State of New York or any other jurisdiction). You agree that any legal proceeding or action you may bring against IGC, arising out of, relating to, or in any way connected with this Site, including, without limitation, these Terms and Conditions, applicable Additional Terms or the Privacy Policy, shall be brought exclusively in the state and federal courts located in New York, New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts, unless such waiver is void in your jurisdiction (in which case the applicable consumer and user laws of your jurisdiction will apply); provided, however, that IGC retains the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

8. DISPUTE RESOLUTION: Before commencing any action hereunder, you agree to first contact IGC with the details of any Claims (as defined below) informing IGC of the nature of the Claims and the proposed resolution. You will contact IGC through ___________________ . “Claims” are any disputes, causes of action, claims or other controversies arising out of, relating to, or in any way connected to this Site, the products or services available on this Site, these Terms and Conditions, applicable Additional Terms or the Privacy Policy.

IGC shall be entitled to seek an injunction or other equitable relief in connection with any Claim arising out of, relating to, or in any way connected to this Site, the products or services available on this Site, these Terms and Conditions, applicable Additional Terms or the Privacy Policy and/or intellectual property rights of, or duly licensed to IGC.

9. INDEMNIFICATION: You agree to defend, indemnify and hold harmless APC, and its licensors, and service providers, and their respective employees, contractors, licensors, suppliers, officers, directors, partners, agents, successors and assigns from and against any and all claims, judgments, awards, losses, costs, liabilities, damages, obligations, and fees and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use or access to this Site, including, but not limited to, any use of any materials or content provided by you, including but not limited to User Contributions, any use of the Site’s content, services, and products other than as expressly authorized under these Terms and Conditions, any use by you of any information obtained from the Site, or any alleged or actual violation by you of these Terms and Conditions. You agree to fully cooperate with APC in the defense of any claim arising from your obligations hereunder.

10. LIMITATION ON LIABILITY

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL IGC ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING USER CONTRIBUTIONS, SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SITE, ANY INFORMATION OR ADVISE RECEIVED OR ADVERTISED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE, DIRECT, INDIRECT, OR EXEMPLARY DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE (EVEN IF IGC OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, INCLUDING ITS CONTENT, IS TO STOP USING THIS SITE.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT ANY LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW PURSUANT TO SECTION 10(A), THE AGGREGATE LIABILITY OF IGC AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AND AGENTS SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00). ANY AND ALL CAUSES OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS SITE AND THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

(C) Some jurisdictions do not permit limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

11. ACCESSING THE SITE AND ACCOUNT SECURITY: We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Site; and
Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

12. PROHIBITED USES: You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate IGC, an IGC employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm IGC or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Site;
Introduce any viruses, Trojan horses, worms, logic bombs, ransomware or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Site.

13. RELIANCE ON INFORMATION POSTED: The information presented on or through the Site, is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by IGC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of IGC nor does it constitute or imply endorsement, sponsorship, or recommendation thereof by IGC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Use of such third-party materials, including products, services, information and content is at your own risk and you hereby release IGC and its licensors, service providers, officers, managers, directors, employees, members, affiliates, subsidiaries, agents, successors and assigns from all claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such use and any dispute you may have with any such third party.

14. LINKS FROM THE SITE AND E-COMMERCE SITES: The Site contains links to other sites and resources provided by third parties, including links to e-commerce sites where products manufactured by IGC or its affiliated companies can be purchased, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites, including e-commerce websites, linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. PROMOTIONAL EVENTS: APC may establish promotional events for users of the Site that involve the performance of certain activities or the fulfillment of certain conditions to qualify for possible prizes or benefits on the Site.

The conditions, duration, steps to follow and prizes associated with each of these events will be published on the Site or on the social networks associated with the Site. The organization of these events is not mandatory and IGC reserves the right to modify or suspend them without cause, and may even modify the prize or suspend the delivery of the prize, if any, without any liability for IGC.

16. WAIVER AND SEVERABILITY: No waiver by IGC of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IGC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

17. ENTIRE AGREEMENT: These Terms and Conditions, the Privacy Policy, and the Additional Terms constitute the sole and entire agreement between you and APC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

18. YOUR COMMENTS AND CONCERNS: This Site is operated by IGC. All notices of copyright infringement claims and all other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: usa@allofpan.com.