Terms of Use
Please read carefully before using this Site.
This website (“Site”) is owned and operated by Blue Diamond Growers, a California Corporation (“we”, “our,” “us,” or “Blue Diamond”). These Terms of Use apply to any access or use by you (“you,” “your,” or “User”) of the www.almondbreeze.ca website (the “Site”), any mobile sites, applications, widgets, and other mobile interactive features associated with the Sites (collectively, our “Apps”), through other services that we may offer in connection with our Site and Apps, such as contests or sweepstakes, through our official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, Apps and Site, the “Sites”).
By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use, including the Binding Arbitration Clause and Class Action Waiver described in Section 10. 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 USE.These Terms of Use apply only to your use of the Sites and was last updated as of 1/1/2021. Blue Diamond expressly reserves the right to revise these Terms of Use at any time and such revision shall be posted here and accessible via this link: www.bluediamond.ca/terms. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition
1. License to Use the Sites
We grant you a personal, limited, nonexclusive license to access and use the Sites, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Sites except for these express purposes and as expressly allowed by these Terms of Use.
2. Privacy and Security
You acknowledge that you have read, understand and agree to Blue Diamond’s Privacy Notice, located at www.bluediamond.com/privacy. The Privacy Notice governs the collection, use and disclosure of your personal information. The Privacy Notice is hereby incorporated into and made part of these Terms of Use by reference, and you consent to the collections, uses and disclosures of your personal information for the purposes described in our Privacy Notice.
3. Restrictions on Use
You are responsible for your access or use of the Sites.
(a) Site Content: Without limitation to these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”). Blue Diamond expressly retains all right, title and interest in and to the Site Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Use, any use of the Site Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to the Site Content, the Sites may contain information and materials provided by third parties (collectively, “Third-Party Content”). Third-Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third-Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third-Party Content.
(c) Trademarks: Blue Diamond, the Blue Diamond Logo and all Blue Diamond product names are trademarks and services marks of Blue Diamond (collectively “Blue Diamond Trademarks”), and nothing in these Terms of Use shall be construed as granting any license or right to use the Blue Diamond Trademarks without Blue Diamond’s prior written consent. All trademarks, service marks and logos included on the Sites (“Marks”) are the property of Blue Diamond or third parties, and you may not use such Marks without the express, prior written consent of Blue Diamond or the applicable third party.
(d) No Automated or Non-Human Means of Access: 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.
(e) Additional permissions: You may request additional permissions to use any Site Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.
You may make no use of the Site Content not expressly allowed in these Terms of Use until and unless we contact you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).
(f) Monitoring of Site Content and use of Sites: Blue Diamond reserves the right, but does not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Use or applicable law. Blue Diamond reserves the right to accept, reject or modify any Site Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content.
4. Your Messages, Requests, or Other Comments or Content to or for Us
The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.Notwithstanding anything to the contrary set forth herein or otherwise, Blue Diamond will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. Blue Diamond will be free at any time to: (i) use such information and data to improve and enhance Blue Diamond’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Any such use of information under this provision shall be in conformance with Blue Diamond’s Privacy Notice, available at www.bluediamond.com/privacy-notice.
5. Linked Websites and Services
The Sites may contain links to and integrations with third party websites and services, and you agree that Blue Diamond provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that Blue Diamond does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and Blue Diamond is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use.
6. Limitation of Liability
(a) Indemnification: 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 AND YOUR USE OF THE SITE OR ANY SITE CONTENT.
(b) Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF USE, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “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. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. BLUE DIAMOND SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. BLUE DIAMOND MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(c) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT BLUE DIAMOND AND ITS 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 SITES (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BLUE DIAMOND AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
7. Changes to these Terms of Use
We reserve the right to amend these Terms of Use at our discretion and at any time. When we make changes to these Terms of Use, we will post the new Terms of Use on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Use.
8. Location of the Sites and your Use
Blue Diamond operates or controls the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by Blue Diamond may be operated from various locations in and outside of the United States. Blue Diamond makes no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. Additionally, the Sites may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
9. Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. You agree that you will not use the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
10. Arbitration Clause and Class Action Waiver – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice
You and Blue Diamond agree that if there is any dispute or claim arising from or related to our Sites, these Terms of Use, and/or the Privacy Notice it will be resolved by confidential binding arbitration in Sacramento, California rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice to the Company should be sent to: Blue Diamond Growers 1802 C Street, Sacramento, CA 95811. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and Blue Diamond are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or the Company may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Use as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of California or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Use to the contrary, you and us agree that if us makes any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms of Use containing this Section is posted to the websites, and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights
B. Claims and Disputes Must be Filed Within One Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Sites, including, without limitation, any website or mobile application or other Sites-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors and assigns.
11. General
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.
12. Contacting Us
If there are any questions regarding these Terms of Use, you may contact us using the information below:
Blue Diamond Growers
1802 C Street
Sacramento, CA 95811
Attn: Consumer Advocacy Team
privacy@bdgrowers.com
888-455-0265