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Terms of Use


Potandon Produce L.L.C. and its affiliated entities (hereinafter together “Potandon”) provide access to this website, and the access and services offered on this website, subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to be legally bound by these Terms and Conditions, please do not access or use this website. Access or use of this website acts as acceptance of these Terms and Conditions. If you violate any of the Terms and Conditions, your authorization to use this website automatically terminates, and you must immediately forfeit any Materials (defined hereafter) obtained from or in connection with this website. Potandon reserves the right to change the Terms and Conditions without notice. Your use of this website is subject to the most current version of the Terms and Conditions posted on this website at the time of such use.
Privacy
Please review our privacy policy which also governs your visit to this website. Click here to view our privacy policy.Use of Website/Copyright Notice
Potandon owns, licenses or uses with permission or applicable law all materials on this website including, but not limited to, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, data compilations, software, and code (“Materials”). The Materials and the compilation of all content on this website are protected by United States and international copyright laws. Any unauthorized use of the Materials may violate copyright laws. You may view the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other website or networked computer environment for any purpose is prohibited. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials displayed or contained in this website without the express, prior written consent of Potandon.

Trademarks
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, icons, scripts, trade dress, or other indicia of trade origin of Potandon (“Trademarks”), including, but not limited to Potandon™, Sunfresh®, Sungem®, and Sunfair® are trademarks of Potandon in the U.S. and/or other countries.  The Trademarks may not be used in connection with any business, product, or service whose source is not Potandon or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Potandon.  All other trademarks not owned by Potandon that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Potandon. Green Giant®, Green Giant Fresh®, Little Sprout®, and related words and designs are registered trademarks of General Mills Marketing, Inc. and are used under license, all rights reserved.  Klondike Petite®, Klondike Gourmet®, Klondike Medley®, Klondike Fingerling®, Klondike Express®, Klondike Rose®, Klondike Rose The Red Skin Potato with a Hearth of Gold!®, Klondike Goldust®, Klondike Rose Express™, Klondike Goldust Express™, Klondike Brands™, Klondike Potatoes™, Klondike Steamers™, Klondike Minis™, Red Yukon®, and Nutri-Spud™ are all trademarks of Sunrain Varieties LLC and are used under license, with all rights reserved. 

 

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Potandon or such third party that may own such trademarks. Your misuse of the trademarks displayed on this website, or any other content on this website is strictly prohibited. You are also advised that Potandon will aggressively enforce its intellectual property rights to the fullest extent of the law.

License and Website Access
Potandon grants you a non-exclusive, non-transferable, limited right and license to access and use this website for your personal, noncommercial use, provided that you fully comply with the Terms and Conditions of use of this website, as they may be updated or modified from time to time. You agree not to download (other than page caching) or modify the website, or any portion of it, except with express, prior written consent of Potandon.

 

This license does not include any rights of resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express, prior written consent of Potandon. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) without its express, prior written consent. You may not use any metatags or any other “hidden text” utilizing Potandon’s or its affiliates’ names, trademarks, or service marks without the express, prior written consent of Potandon. Any unauthorized use terminates the permission or license granted by Potandon to use this website.

 

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Potandon so long as the link does not portray Potandon, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any graphic, trade name, trademark, or service mark of Potandon or any of its affiliates as part of the link without the express, prior written consent of Potandon.

Electronic Communications


If at any time you submit comments or materials with us, you are communicating with us electronically. You consent to receive communications from us electronically. If we choose to communicate with you, we may communicate with you by e-mail or may address comments generally by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on this website satisfy any legal requirement that such communications be in writing.

 

It is the policy of Potandon not to accept any unsolicited suggestions for product improvements, new product idea or marketing ideas from outside the company.  Any comments, unsolicited suggestions or information you send us, including recipes, will be treated as non-proprietary and non-confidential and become the property of Potandon without compensation, for exclusive use at our unlimited discretion.  Any personal information submitted by you is controlled by our Privacy Policy.

Links to Other Websites


These Terms and Conditions of use apply only to this website, and not to any other website. We may provide, or third parties may provide, links to other websites or resources. Potandon does not endorse such websites. If you decide to access any of the websites linked to this website, you do so entirely at your own risk. You acknowledge and agree that, under no circumstances, will Potandon be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of or reliance on, any content, advertisements, products, services or other resources available from this or any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.


Disclaimer of Warranties and Limitations of Liability

THIS WEBSITE IS PROVIDED BY POTANDON ON AN “AS IS” AND “AS AVAILABLE” BASIS. POTANDON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POTANDON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. POTANDON DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM POTANDON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POTANDON WILL NOT BE LIABLE FOR ANY POTENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Product Descriptions


SITE INFORMATION REGARDING PRODUCTS, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS MAY CONTAIN ERRORS OR INACCURACIES AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY POTANDON WITH RESPECT TO ANY PRODUCT OR SERVICE, AND POTANDON HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.  IN NO EVENT SHALL POTANDON, ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS WEBSITE.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Geographic Scope


Potandon makes no representation that Materials, services, or products depicted on this website are available in every state or outside of the United States. References to a particular product or service do not imply that Potandon intends to make such products or services available in all states or countries. You may not use, export or re-export the Materials, services, or products depicted on this website in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.

Minors

If you are under 18, you may use this website only with the permission and involvement of a parent or guardian.

Disputes


These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provisions or rules that would cause the application of the laws of any jurisdiction other than the State of Idaho. Any dispute relating in any way to your visit or use of this website shall be submitted to confidential arbitration in Idaho Falls, Idaho, except that, to the extent you have in any manner violated or threatened to violate Potandon’s intellectual property rights, Potandon may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions of use shall be joined to an arbitration involving any other party subject to these Terms and Conditions of use, whether through class arbitration proceedings or otherwise. You further agree to indemnify, defend and hold harmless Potandon and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of this website.

Website Policies, Modification, and Severability


You are encouraged and advised to frequently review the Terms and Conditions of use and the Privacy Policy posted on this website. These policies govern your visit and use of this website. By using this website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these Terms and Conditions of use at any time, we reserve the right, if applicable, to terminate your access to this website (or any part thereof). You agree that any termination or cancellation of your access to or use of this website may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to or use of this website.

 

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of this website, the Terms and Conditions and the Privacy Policy at any time. You should check these Terms and Conditions and the Privacy Policy periodically for changes. By using this website after we post any changes to the Terms and Conditions or the Privacy Policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these Terms and Conditions and the Privacy Policy, you should not use this website. If any of these Terms or Conditions are deemed invalid, void, or for any reason unenforceable, that particular term or condition will be deemed severed and will not affect the validity and enforceability of any remaining terms or conditions.

Contact Information
Corporate Office
Potandon Produce L.L.C.
1210 Pier View Drive
Idaho Falls, ID, 83402
Phone
208-524-1900
Toll-Free Phone
1-800-767-6104
Web
www.potandon.com
Email
marketingmanager@potandon.com
 
Copyright Complaints
Potandon respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user who infringes the intellectual property rights of others to use this website (or any part thereof).

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Potandon’s designated agent for notice of claims of copyright infringement on this website at the following address:

Rebekah Clark

Potandon Produce L.L.C.

1210 Pier View Drive

Idaho Falls, ID 83402

Phone: 208-524-1900