The Website and the materials provided therein (regardless of whether such materials are created by Shamrock Foods or a third party content provider) are provided “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED. NEITHER SHAMROCK FOODS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Accordingly, you acknowledge that you do not and will not rely on any information contained on the site (including product or service descriptions). All information contained on the site is subject to change at any time without notice. YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. You agree to defend and indemnify Shamrock Foods and its affiliates, officers, directors, shareholders, employees, agents, information providers and licensors (each an “Indemnified Party”), and to hold them harmless for, from and against any and all claims, liabilities and expenses (including attorney’s fees) that may arise from the use or alleged use of this Website by you or any person using your registration information, whether or not authorized by you. Each Indemnified Party reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, and in such case, you agree to cooperate with such Indemnified Party in the defense of such claim.
All remarks, suggestions, ideas, graphics, or other information communicated to Shamrock Foods through this Website (“Submitted Information”) will forever be the property of Shamrock Foods and you assign all of your rights in any Submitted Information to Shamrock Foods. Shamrock Foods will not be required to treat any submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Shamrock Foods operations.
Shamrock Foods reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website at any time for any reason without prior notice or liability. Shamrock Foods may change, suspend or discontinue all or any aspect of the Website at any time, including the availability of any feature, database, information or content without prior notice or liability. However, in the case of any termination, you agree to continue to abide by these terms, which shall remain in full force and effect after such termination, except that your right to use the site shall be terminated.
This agreement shall be construed in accordance with the laws of the State of Arizona, and the parties irrevocably consent to the jurisdiction of, and to bring any action to enforce this agreement in, the federal or state courts located in Phoenix, Arizona. The prevailing party in such litigation shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorney’s fees, expert witness fees, and court or other costs incurred in such litigation. This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shamrock Foods’ copyright agent the following information:
- 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;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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.
Shamrock Foods’ Copyright Agent for Notice of claims of copyright infringement can be reached at:
Shamrock Foods Corporation
Attn: Legal Department
3900 East Camelback Road, Suite 300
Phoenix, AZ 85018