Terms and Conditions
By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).
Lamb Weston Holdings, Inc. (“Lamb Weston”) may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Lamb Weston will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that Lamb Weston will not be liable for any modification or suspension of the Site.
- Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by Lamb Weston and its licensors with all rights reserved. You should assume that the Content is copyrighted and owned by Lamb Weston unless otherwise noted and you may not use the Content, except as provided in these Terms, without the prior written permission of Lamb Weston.All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of Lamb Weston or its licensors unless otherwise stated herein. Lamb Weston and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.In its sole discretion, Lamb Weston or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
- User Conduct. Lamb Weston maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Lamb Weston, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Lamb Weston. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.From time to time on certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Lamb Weston; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Lamb Weston, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site or features therein. Lamb Weston may cancel your account and delete all User Content associated with your account at any time, and without notice, if Lamb Weston deems that you have violated these Terms, the law, or for any other reason. Lamb Weston assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
- Content Submitted by Users. Any User Content and any other communication or material you transmit to Lamb Weston at or through the Site, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Lamb Weston a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.Lamb Weston does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Lamb Weston without the prior review and written approval of Lamb Weston.You agree to indemnify and hold Lamb Weston, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Lamb Weston or this Site.
- Notice for Claims of Intellectual Property Violations and Agent for Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lamb Weston with the following information. Please be advised that to be effective, your notice must include ALL of the following:
- a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
- c. a description of where the material that you claim is infringing is located on the Site;
- d. your address, telephone number, and email address and all other information reasonably sufficient to permit Lamb Weston to contact you;
- e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notices of claimed copyright or other intellectual property infringement can be reached as follows:
By Mail: Copyright Agent, c/o Lamb Weston Holdings, Inc., 599 South Rivershore Lane, Eagle, ID 83616
By Email: LambWeston.BrandQuestions@conagrafoods.com
- Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Lamb Weston. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Lamb Weston of any products, services, advice or information available from such sites. Lamb Weston does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Lamb Weston and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Lamb Weston. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Lamb Weston Site or have moved to another third-party site.
- EXCLUSION OF LIABILITY. NEITHER LAMB WESTON NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY LAMB WESTON SITE AND YOUR USE OF ANY SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. LAMB WESTON DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY LAMB WESTON SITE.LAMB WESTON IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, LAMB WESTON IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.LAMB WESTON’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
- DISCLAIMER. THE CONTENT OF ANY LAMB WESTON SITE IS PROVIDED “AS IS, AS AVAILABLE” AND LAMB WESTON DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- a. THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- b. THE CONTENT IS ERROR-FREE AND ACCURATE;
- c. THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- d. DEFECTS WILL BE CORRECTED;e. THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- f. SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
- g. THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- h. THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT LAMB WESTON) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
- Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Lamb Weston does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
- Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Lamb Weston’s historical experience and its present expectations or projections. These risks include, but are not limited to, Lamb Weston’s ability to finance expansion or acquisition plans, share repurchase programs and general operating activities; changes in the applicable business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in Lamb Weston’s filings with the Securities and Exchange Commission (the “SEC”), which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Lamb Weston undertakes no obligations to publicly update or revise any forward-looking statements.
- Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Lamb Weston does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
- Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Lamb Weston on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. Lamb Weston may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Choice of Law. These Terms and your use of this Site is governed by the laws of the State of Delaware in the United States of America, without regard to its choice of law provisions.
- General Terms. These Terms constitute the entire agreement between you and Lamb Weston and governs your use of any Lamb Weston Site. The failure of Lamb Weston to exercise or enforce any right or provision of these Terms shall not constitute a wavier of any such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and the surviving terms shall remain in full force and effect. Any claims arising under these Terms must be brought within one (1) year after such claim or action or action arose or be forever barred.