TERMS AND CONDITIONS OF USE

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use

All pages within this Website and any material made available for download (collectively the “Site”) are the property of Western Growers Association (“WGA”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without WGA’s express written permission. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by WGA.

2. Trademark Notice

Western Growers®, Western Growers Assurance Trust®, Western Growers Insurance Services®, Producepedia.com®, are the logos, trademarks, and service marks of WGA. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

WGA, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although WGA attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform WGA so that it can be corrected. Information contained on the Site may be changed or updated without notice.

4. Confidential and Proprietary Information

WGA does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to WGA through the Site will be deemed NOT to be confidential. By sending WGA any information or material, you grant WGA an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that WGA is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

5. User Generated Content

This Site may include a resume bank or job board, comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to WGA and/or interaction between users and WGA representatives (“Forums”). While WGA does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with the following rules posted by WGA when posting any content to a Forum. You may not:

• Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee or affiliate of WGA;
• Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
• Post, link to or otherwise publish any Messages that infringe copyright;
• Post, link to or otherwise publish any Messages that are illegal, libelous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
• Post Messages in any language other than English;
• Post the same Message, or a very similar Message, repeatedly;
• Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
• Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
• Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
• Post or otherwise publish any Messages that contain a virus or other harmful component;
• Disguise the origin of any Messages;
• Impersonate any person or entity (including WGA employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
• Collect or store other users' personal data;
• Restrict or inhibit any other user from using the Forums.
• By submitting Messages to any Forum you agree to indemnify and hold harmless WGA from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 5.

The Forums contain Messages submitted by users over whom WGA has no control. WGA cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any decisions.

By submitting a Message to a Forum you are granting WGA a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. WGA reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for WGA to fully and effectively monitor Messages that are submitted for infringement of third-party rights. If you believe that a message infringes your legal rights, please notify WGA immediately.

6. Privacy Policy

The information that you provide about yourself to WGA will be used in accordance with WGA’s Privacy Policy.

7. Links or Pointers to Other Sites

WGA makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-WGA Website, please understand that it is independent from WGA, and that WGA has no control over the content on that Website. In addition, a hyperlink to a non-WGA Website does not mean that WGA endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

8. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

9. Entire Agreement

These Terms and Conditions constitute the entire agreement between WGA and you pertaining to the subject matter of this Agreement. In its sole discretion, WGA may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

10. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to WGA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

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