Please read these terms and conditions before using this
Welcome to store.growerpartner.com (the
“Site”). Wonderful Pistachios & Almonds LLC (“we”, “us”
or “our”) provides the Site and the information and services offered
using the Site, you agree to be bound by these TOU. We may, in our sole discretion,
modify these TOU with or without notice to you. Please continue to periodically
review these TOU when using the Site. By continuing to access and use the Site after
these TOU have been modified, you are agreeing to such modifications. In addition,
when using particular services or features on the Site, you shall be subject to
any posted guidelines or rules applicable to such services or features that may
be posted from time to time, including, without limitation, any new features or
functionality (including, without limitation, video and related projects) that augment
or enhance the services or features. All such guidelines or rules are hereby incorporated
by reference into these TOU.
Description of Service
The Site and the information, features and services available through the Site may
be referred to herein collectively as the “Service”. Unless explicitly
stated otherwise, any new features or services that augment or enhance the Service
in the future shall be considered part of the Service and subject to these TOU.
The Service is provided primarily for informational purposes, and is not guaranteed.
We shall not be responsible or liable for the accuracy, completeness, usefulness
or availability of any information or other content, data, text, URLs, graphics,
audio and video clips, advertising or any other materials (collectively, the “Content”)
transmitted or made available via the Service. We shall not be responsible or liable
for any decisions made in reliance on such information.
You may be required to register for and create an account with the Service in order
to access certain information and features offered through the Service. As part
of the registration and account creation process, you will select a password and
provide us with certain registration information. You are solely responsible for
maintaining the confidentiality of your password(s) and for all usage or activity
on your account, including the use of your account by any person using your password(s).
If you choose to register with the Service or otherwise provide personal or other
information to the Service, you agree to (a) provide true, accurate, current and
complete information about yourself as prompted by the Service’s registration
form or other areas of the Service, and (b) maintain and promptly update such information
to keep it true, accurate, current and complete. If you provide any information
to us that is untrue, inaccurate, not current or incomplete, or if we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
we have the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
As a condition of using the Service, you agree to the terms of Wonderful Pistachios
may be updated from time to time. Any personal or other information you provide
may be viewed at store.growerpartner.com/terms_privacy.asp.
Third Party Websites
The Service may provide links to websites or resources outside of the Site. Because
we have no control over external sites and resources, you acknowledge and agree
that we are not responsible for the availability of such sites or resources, and
do not endorse and are not responsible or liable for any Content, advertising, goods,
services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of,
any websites that you find or link to through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
websites. You agree that we shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of links to such websites on the Service.
Connecting to Social Media Websites
If you choose to use social media connect functions on the Site, you acknowledge
and agree to abide by the relevant terms and conditions of each respective social
media website that we may utilize. The terms and conditions for the social media
websites may be found on each respective social media website.
This function is intended to enable us to connect with social media websites so that
you can send newsfeeds about your activities to each of these websites. Such social
media websites may also be able to use information about action you take on our
However, note that where you choose to publish information on the interactive parts
of our Site outside of these privacy settings, or in any way other than through
a social media website, that information will not be protected by us. It is information
in the public domain, which may be accessed by any person using the Web in any part
of the world and can be found using independent search engines. If you choose to
post information to the interactive parts of our Site in this manner, you do so
at your own risk.
In addition, you acknowledge and agree that we are not responsible for the availability
of these websites, or any other social media websites that we may add to the connect
function, and do not endorse and is not responsible or liable for any Content, advertising,
goods, services or other materials on, available through or provided by such websites
While we are always happy to hear from you, it is our policy not to accept or consider
creative materials, ideas, or suggestions other than those we specifically request.
This is to avoid any misunderstandings if your ideas are similar to those we have
developed independently. Therefore we must request that you do not send to us any
original creative materials such as images, original artwork, etc. Any communication
or material you do transmit to the Site by e-mail or otherwise will be treated as
non-confidential and non-proprietary.
You shall be solely responsible for your own submissions, the e-mailing or posting
of any content including, without limitations, photographs, illustrations, audio
and video clips and the consequences thereof. You or a third party licensor, as
appropriate, shall retain all patent, trademark and copyright to any Content you
submit, e-mail, post or display on or through the Service and you are responsible
for protecting those rights and obtaining the required consents and authorizations,
as appropriate. By e-mailing or posting any submission and Content to the Site or
to us, you hereby grant us or our affiliates the worldwide, non-exclusive, irrevocable,
transferable, royalty free and perpetual license to use or publish such submission
and Content for any purpose, including, without limitations, reproduction, modification,
disclosure, transmission, publication, distribution, creation of derivative works,
broadcast and posting in any form, medium or technology throughout the world and
in perpetuity without restriction or compensation to you. We are free to use, at
our sole discretion, any ideas, concepts, know-how, or techniques contained in any
Content or communication you send or submit to the Site or to us for any purpose
whatsoever including, but not limited to, developing, manufacturing and marketing
products using such information.
Any URLS with “http://” submitted or posted with any comments and/or
Content on the Site, or any blog, forum or public place made available on the Site,
will automatically be made hotlinked. If any such posted links appear to have been
included solely for the purpose of increasing SEO, we reserve the right to delete
them from the Site at our sole discretion. Any comment and/or content posted on
the Site with more than four (4) links posted will risk being marked as comment
spam. In addition, all trackbacks will be treated in accordance with these TOU.
You agree that you will use the Service in compliance with all applicable laws, rules
and regulations. In addition, by submitting or posting any Content, you represent
and warrant that you own or otherwise control all of the rights to the Content that
you submit, e-mail or post; that all “moral rights” that you may have
in such Content have been voluntarily waived by you; that the Content is accurate;
and that use of the Content you supply does not violate this policy and will not
cause injury to any person or entity. You agree to indemnify us and our affiliates
for all claims of every kind and nature, known or unknown, resulting from (a) a
breach of your representations, warranties or obligations set forth herein, (b)
your actions or Content you supply, or (c) violation of any law or the rights of
a third party, and hold us and our affiliates harmless from and against all damages,
losses and expenses of any kind (including reasonable legal fees and costs) related
to such claims. Furthermore, we reserve the right to refuse, accept, post, display,
change, condense, delete or transmit any Content in our sole discretion.
We do not guarantee that you will have any recourse through us or our affiliates
to edit or delete any Content you have submitted. We reserve the right to remove
or to refuse to post any submission or Content for any reason. You acknowledge that
you, not Wonderful Pistachios & Almonds, are responsible for the contents of
your submission. None of the Content that you submit shall be subject to any obligation
of confidence on the part of Wonderful Pistachios & Almonds, its agents, parent,
subsidiaries, affiliates, partners or third party service providers and their respective
directors, officers and employees.
By submitting your e-mail address in connection with your submission or posting of
any content, you agree that Wonderful Pistachios & Almonds and its third party
service providers may use your e-mail address to contact you about the status of
your submission and other administrative purposes.
Although we may from time to time monitor or review discussions, chats, postings,
transmissions, bulletin boards, and the like on the Service, we are under no obligation
to do so and assume no responsibility or liability arising from the content of any
such locations nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any information
within such locations on the Service. You are prohibited from posting or transmitting
any content or material that is, or may reasonably be considered to be, abusive,
offensive, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
hateful, racially or religiously biased or offensive, pornographic, or of a sexual
nature, profane, illegal, threatening, harassing, intimidating to any person or
entity that could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law. We will fully
cooperate with any law enforcement authorities or court order requesting or directing
us to disclose the identity of anyone posting or transmitting any such information
You may not use the Service or the Site to:
- interfere with any other user’s use of the Service;
- conduct any unlawful activity;
- intentionally solicit or harm minors in any way;
- misrepresent your own identity or any affiliation that you may have;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Service, Site or Content;
- alter or remove any copyright, trademark or other proprietary rights notices;
- “frame,” “mirror,” or “deep link” any part of
the Site or Content;
- link to any page within the Site or Content from any website or webpage that makes
any claims as to the curative or health enhancing powers of any substance, whether
or not such substance is produced, marketed, sold or distributed by us.
We will not take responsibility or be liable for the conduct of any person who uses
the Site, or for any loss or damage suffered by person as a result of the use of
Modifications to Service
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
We reserve the right, in our sole discretion, immediately and without notice to suspend
or terminate these TOU, your account (if you have registered) and/or your ability
to access the Site, for any reason including any breach by you of these TOU or conduct
by you that we determine to be inappropriate. Without limiting the foregoing, if
you post any images or Content to the Site that infringes the copyright of any third
party, such conduct shall be grounds for immediate termination of your account.
Our Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service (the “Software”) contain proprietary and/or confidential
information, Content and other materials that are protected by applicable intellectual
property and other laws (including, without limitation, copyrights, trademarks,
service marks and patents). You acknowledge that you do not acquire any ownership
rights in any intellectual property through your use of the Site. Except as expressly
authorized by us, you agree not to modify, rent, lease, loan, sell, distribute,
create derivative works based on, or otherwise use the Software, the Service or
any Content contained thereon, in whole or in part. In addition, you may not copy,
reproduce, republish, upload, post, transmit or distribute materials from the Site
in any way or manner without our prior written permission.
WONDERFUL, GET CRACKIN’, the Package Design, accompanying logos, trade dresses
and all other intellectual property on this Site is owned by Wonderful Pistachios
& Almonds LLC or its affiliates.
FIJI, EARTH’S FINEST WATER, UNTOUCHED, UNTOUCHED BY MAN, the Bottle Design,
accompanying logos, trade dresses and all other intellectual property on this Site
is owned by our affiliate, FIJI Water Company LLC, or its affiliates.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL INFORMATION, CONTENT,
SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION,
CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OR THROUGH THE SERVICE, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR
PRODUCTS OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE OR ANY INFORMATION, CONTENT, SERVICES OR
PRODUCTS PROVIDED THEREIN WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
SERVICES OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL
- ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SERVICE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH
THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY
OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Personal Advice or Endorsements
The Site and its Content (including any postings, comments, e-mails or information
provided by users) are for informational and entertainment purposes only, and is
not intended to replace or substitute for any professional financial, medical, legal
or other advice. In addition to the disclaimers and limitations of liability set
forth in Sections 11, 12 and 13 above, we and our affiliates make no representations
or warranties and expressly disclaim any and all liability in connection with any
health claims or information offered or provided by users of the Site. Any such
health claims or information offered or provided by users are not tested, substantiated
or endorsed by us and individual results may vary and may not be typical for individual
In the event that any products, goods or services offered by Wonderful Pistachios
& Almonds or its affiliates on the Site is mistakenly listed at the incorrect
price, we reserve the right to refuse or cancel any orders placed for any such product,
good or service listed at the incorrect price. We reserve the right to refuse or
cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is cancelled, we shall issue a credit to your credit card account in
the amount of the incorrect price.
The Service may provide notices to you including, without limitation, notices of
changes to these TOU or other matters by displaying such notices or links to such
notices to you generally on the Service.
Digital Millennium Copyright Act
We are under no obligation to, and do not, scan content used in connection with the
Service for the inclusion of illegal or impermissible content. However, we respect
the copyright interests of others. It is our policy not to permit materials known
by us to infringe another party’s copyright to remain on the Site.
If you believe that your work has been copied in a way that constitutes copyright
infringement, you should provide us with written notice that contains the following
information required by the Online Copyright Infringement Liability Limitation Act
of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512: (a)
a physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of such works; (c) identification
of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled and information
reasonably sufficient to permit us to locate the material; (d) information reasonably
sufficient to permit us to contact the complaining party, such as an address, telephone
number and, if available, an e-mail address at which the complaining party may be
contacted; (e) a statement that the complaining party has a good faith belief that
use of the material in the manner complained of is not authorized by the copyright
owner, its agent or the law; and (f) a statement that the information in the notification
is accurate and, under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
Wonderful Pistachios & Almonds LLC
11444 West Olympic Boulevard
Los Angeles, CA 90064
Attn: Chief Legal Officer
Fax: (310) 966-5758
The sole and exclusive jurisdiction and venue for resolving any controversy or claim
arising out of or relating to the TOU or the Service, including, without limitation,
any dispute with respect to this arbitration provision, any claim in tort, or any
claim for violation of any federal, state or local statute, or ordinance or regulation
(collectively, “Disputes”), shall be through confidential binding arbitration
in Los Angeles County, California. The arbitration shall be conducted by JAMS/Endispute
(“JAMS”), whose rules applicable to such disputes shall be in force,
and judgment or the award rendered by the arbitrator may be entered by any court
having jurisdiction thereof. There shall be one arbitrator to be mutually selected
by the parties, and if the parties cannot so select, the arbitrator shall be appointed
by JAMS. The fees of the arbitrator, administrative fees, and the other fees and
costs of the arbitration, including, but not limited to, the cost of any record
or transcripts of the arbitration, shall be advanced by the parties to the arbitration
in equal portions, and, in addition thereto, each such party shall advance the fees
of its own attorneys, the expenses of its witnesses and all other expenses connected
with presenting its case. THE PARTIES HERETO WAIVE THE RIGHT TO A TRIAL BY JURY
IN CONNECTION WITH ANY ARBITRABLE CONTROVERSY OR CLAIM.
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved
by confidential binding arbitration on an individual basis. You expressly agree
that no other Disputes shall be consolidated or joined with your Dispute, whether
through class arbitration proceedings or otherwise (“Class Arbitration”).
You further acknowledge and agree that any arbitrator assigned to a Dispute lacks
the authority to conduct Class Arbitration and that such arbitrator shall only hear
individual Disputes. By using the Site and the Service, you acknowledge that you
are voluntarily and knowingly waiving any right to participate as a representative
or member of any class of claimants pertaining to any Dispute subject to arbitration
under this TOU, such that you shall not be entitled to arbitrate any Dispute as
a representative, a class action or in a private attorney general capacity.
These TOU constitute the entire agreement between you and us and govern your use
of the Service, superseding any prior agreements between you and us. You also may
be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. These TOU and the relationship
between you and us shall be governed by the laws of the State of California without
regard to its conflict of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. Unless otherwise provided herein,
you and we agree to submit to the personal and exclusive jurisdiction and venue
of the courts located within the state of California. Any failure on our part to
exercise or enforce any right or provision of these TOU shall not constitute a waiver
of such right or provision. If any provision of these TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in
the provision, and the other provisions of these TOU remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or these TOU must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
Neither the course of conduct between the parties nor trade practice shall act to
modify any of these TOU.
You agree to indemnify, defend and hold harmless Wonderful Pistachios & Almonds
and its affiliates, and each of their respective officers, directors, partners,
trustees, employees, agents, licensors and suppliers (collectively, the “Service
Providers”) from and against all losses, expenses, damage and costs, including
reasonable attorneys’ fees, resulting from any violation of these TOU or any
activity related to your account (including negligent or wrongful conduct) by you
or any other person accessing the Site using your account.
If you have any questions or comments about these terms, please contact us at the
address listed above. Please report any violations of these TOU to
© 2015 Wonderful Pistachios & Almonds LLC. All rights reserved.