PREMIUM PEANUT, LLC

TEXT MESSAGE / WEBSITE / PPIMS SOFTWARE

TERMS OF USE

 

RECEIPT OF TEXT MESSAGES FROM PREMIUM PEANUT AND ACCESS TO AND USE OF PREMIUM PEANUT'S WEBSITE AND "PPIMS" WEBSITE AND SOFTWARE IS GOVERNED BY THE FOLLOWING TERMS OF USE (THE "TERMS OF USE"):

 

ACCESS-BINDING AGREEMENT

Subscriber ("Subscriber", "you" or "your") hereby acknowledges and agrees that your receipt of sms or mobile messages ("Text Messages") from Premium Peanut, LLC, a Georgia limited liability company (together with its affiliates, "PPL", "we", or "us"), and your access to or use of PPL's website www.premiumpnut.com (the "Site") or "PPIMS" software or website ppims.premiumpnut.com (collectively, the "PPIMS Software"), including in each case any and all related information, statements, materials, research, data, additional software, links to third party websites, applications, mobile applications, products and/or services obtained from, made available on or in connection with, or accessible through the Text Messages, the Site or the PPIMS Software (collectively with the Text Messages, the Site, and the PPIMS Software, the "Content"), is conditioned on your "acceptance of and adherence to the terms and conditions set forth in these "Terms of Use".

You further acknowledge and agree that such acceptance and adherence creates a valid and binding contract between you and Premium Peanut, LLC. The Terms of Use are in addition to the terms of any other subscriber, participant or other agreement you may have with PPL or its affiliates or buying points (including any option contract, marketing agreement, or operating agreement)(collectively, any "Existing Agreement") and are not intended to modify or supersede the terms of any such Existing Agreement. In the event of any conflicting terms between an Existing Agreement and these Terms of Use, the Existing Agreement will govern. By receiving the Text Messages or otherwise using the Content, you further agree: (a) to comply with all applicable laws (federal, state, local and otherwise), regarding the transmission or receipt of any information through the Text Messages, the Site, the PPIMS Software or other Content; (b) not to use the Text Messages, the Site, the PPIMS Software, or any other Content for illegal purposes; (c) to use the Text Messages, the Site, the PPIMS Software, and any other Content solely in connection with the growth, harvesting, processing, handling, transportation, delivery, storage, or other use (collectively, "Processing") of peanuts that are subject to a marketing agreement to which PPL or one of its affiliates is a party ("Peanuts") and not for any other purpose; and (d) not to interfere with, trespass on or disrupt the networks or computers and equipment connected to the Text Messages, the Site, the PPIMS Software, or other Content. If, at any time, you do not wish to accept the Terms of Use, you must discontinue receipt of the Text Messages and the use of the Site, the BP Software, and any other Content obtained from the Text Messages, the Site or the PPIMS Software.

 

TEXT MESSAGING TERMS AND CONDITIONS

PPL operates a mobile messaging program (the "SMS Program") that is subject to these Text Messaging Terms and Conditions (the "Text Messaging Terms"). The SMS Program and our collection and use of your personal information is also subject to PPL's Privacy Policy, which is available here. Privacy Policy

By enrolling, signing up, or otherwise agreeing to participate in the SMS Program, you accept and agree to the following Text Messaging Terms and PPL's Privacy Policy (in addition to the rest of these Terms of Usage).

1. SMS Program Description: PPL may send you transactional mobile messages in various formats through the SMS Program. Transactional messages will contain Content relating to Processing Peanuts. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. You agree that PPL and any third-party service providers may send you mobile messages regarding the foregoing topics or any topic and that such messages may be made or placed using different telephone numbers or short codes. PPL and its third-party service providers will not charge for mobile messages sent through the SMS Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

2. User Opt-In: "By providing your mobile phone number to PPL, you are voluntarily opting-in to the SMS Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal "Do Not Call" list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at SMS.Notices@Premiumpnut.com. Your participation in the SMS Program is not required in connection with your ownership of PPL membership interests and is completely voluntary.

3. User Opt-Out and Support: You may opt-out of the SMS Program at any time. If you wish to optout of the SMS Program and to stop receiving mobile messages from PPL, or if you no longer agree to these Text Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any Text Message from us. "You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us." Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Text Messaging Terms. We may also change the telephone number or short code we use to operate the SMS Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

4. Disclaimer of Warranty and Liability: The SMS Program is offered on an "as-is" basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither PPL nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the SMS Program.

5. Modifications: We may modify or cancel the SMS Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Text Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Text Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the SMS Program will constitute your acceptance of those modifications.

USE OF CONTENT

The Content (as delivered via Text Message and otherwise) is intended to provide you with notifications and information relating to the Processing of Peanuts." No Text Message or Content constitutes an offer to purchase any Peanuts or to amend, modify, revise or terminate any Existing Agreement relating to Peanuts. "The Content is for your private information and use. Although the Content (as delivered via Text Message and otherwise) is obtained or compiled from or based upon information that PPL considers reliable, PPL does not guarantee that such information is accurate, current or complete. PPL does not undertake to advise you of changes in any of the Content, and you should note the date and time of publication of each component of the Content.

You acknowledge that: (a) the Content is provided for informational purposes only; (b) the Content may include information taken from third-party sources; and (c) any reliance on any portion of the Content shall be at your sole risk. The Content may not be used for any illegal purpose or in any manner inconsistent with the Terms of Use. The Content may not be used in any manner that would subject PPL or its affiliates to any registration requirements in any jurisdiction or country. You may not display or use any Content in any way that creates a misimpression or likelihood of confusion that such data is from any source other than PPL.

CONFIDENTIAL INFORMATION

You agree that any Content not publicly available is confidential and proprietary information of PPL ("Confidential Information")." You agree to only disclose Confidential Information in connection with the Processing of Peanuts, and that any such disclosure should be limited to the extent it is reasonably necessary in connection with such Processing of Peanuts." You shall not disclose any Confidential Information to any person or entity not working in conjunction with PPL, its affiliates, or its associated buying points with respect to the Processing of Peanuts."

INTELLECTUAL PROPERTY

The Site, the PPIMS Software and the other Content are owned by PPL or its licensors, and are protected under the copyright, trademark, data misappropriation, unfair competition, and other intellectual property laws of the United States and other countries, as well as by international treaties and conventions. Third-party trademarks and service marks are the property of their respective owners. All other service marks and trademarks displayed in the Content are registered and unregistered service marks and trademarks of PPL. The Site and the PPIMS Software are further protected as collective works and/or compilations under U.S. copyright and other laws, treaties and conventions. Using, copying, or storing any portion of the Content beyond the extent or specific manner contemplated in these Terms of Use without the prior written consent of PPL or the relevant licensor is expressly prohibited. You shall not copy, modify, sell, display, distribute, publish, transmit or otherwise disseminate the Content, or any portion thereof, to others, except to the extent expressly contemplated in these Terms of Use. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Content. Unauthorized use of the Content may violate applicable copyright, trademark, misappropriation or other intellectual property laws or other laws.

DISCLAIMER OF WARRANTIES

THE SITE, AND THE PPIMS SOFTWARE, INCLUDING THE CONTENT, ARE PROVIDED "AS IS." PPL, ITS AFFILIATES AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "PPL PARTIES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO ANY TEXT MESSAGES, THE SITE, THE PPIMS SOFTWARE OR ANY PORTION OF THE CONTENT OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE TEXT MESSAGES, THE SITE, THE PPIMS SOFTWARE, OR ANY MOBILE APPLICATION OR MESSAGING SERVICES OR PRACTICES RELATED THERETO. THE PPL PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE SITE, THE PPIMS SOFTWARE, OR ANY PORTION OF THE CONTENT OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES THERETO OR ANY TEXT MESSAGES. THE PPL PARTIES DO NOT WARRANT THAT ANY TEXT MESSAGES, THE SITE, THE PPIMS SOFTWARE, OR ANY PORTION OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PPIMS SOFTWARE, OR ANY PORTION OF THE CONTENT OR THE SERVER(S) ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TEXT MESSAGES, THE SITE, THE PPIMS SOFTWARE, OR ANY PORTION OF THE CONTENT IS COMPATIBLE WITH ANY SYSTEMS OR EQUIPMENT USED BY SUBSCRIBER. AVAILABILITY OF THE SITE, THE PPIMS SOFTWARE, OR ANY OTHER CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE PPL PARTIES HAVE ANY LIABILITY TO YOU OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE TEXT MESSAGES OR OTHER CONTENT OR ANY PORTION THEREOF. IN NO EVENT WILL THE PPL PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT YOU OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH YOUR ABILITY OR INABILITY TO USE THE TEXT MESSAGES OR OTHER CONTENT, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY PPL, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE PPL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OR FROM THIRD PARTY WEBSITES

The Text Messages and other Content may contain links to certain Internet sites sponsored and maintained by third parties. These Internet sites are not under the control of PPL. In addition, third party sites may contain links to the Content. PPL is not responsible or liable for, and makes no representations or warranties, concerning the content of any such third-party sites. The fact that PPL has provided a link to a third-party site, or that a third-party site has provided a link to the Content, does not constitute an endorsement, authorization, sponsorship or affiliation by PPL with respect to that site, its owners or its providers. You agree that you access that site and any services or information provided therein at your own risk. PPL is not responsible or liable for, and makes no representations or warranties with respect to, any particular information, software, products, services or content found on any of the linked sites, including appropriateness of any products, services or transactions described therein.

INDEMNIFICATION

You agree to indemnify the PPL Parties from and against any and all losses, liabilities, judgments, fines, settlements, damages and costs (including attorneys" fees and disbursements) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings (collectively, "Proceedings") to the extent such Proceedings are based on or result from your ability or inability to use the Content or any portion thereof, or any data, information, service, report, analysis or publication you derive therefrom.

COMPUTER VIRUSES

PPL shall not be liable for any harm caused by the transmission, through access or use of the Content, of a computer virus or other electronically transmitted code or programming device that might be used to access, damage, modify, delete, corrupt, disable, disrupt or otherwise impede in any manner the operation of the Text Messages, the Site, the BP Software, or the Content, or any of Subscriber's hardware, software, data or property. Further, you will not introduce into the Site, the PPIMS Software, or any other Content any code, malicious or hidden procedures, routines or mechanisms that would permit other subscribers access to the Content or enable or impair its operation (sometimes referred to as "viruses", "traps", "access codes" or "trap door devices"), nor will you access the Content to gain any unauthorized access to any computer system operated by PPL or any of its affiliates.

TERMINATION AND MODIFICATIONS TO TERMS OF USE

PPL reserves the right without notice, at its sole discretion, to terminate, change, modify, add or remove any portion of these Terms of Use, in whole or in part, or to charge fees for access to any or all portions of the Content. Please continue to review these Terms of Use whenever accessing or using the Content. Your use of the Content after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified. PPL may modify these Terms of Use from time to time. Accordingly, you agree to periodically review the Terms of Use when accessing, viewing, or using the Content for updates that may affect your rights and responsibilities, and to be bound by any such modifications as of the date such modifications are first included in the Content by PPL or made available to you. PPL expressly rejects any terms and conditions proposed by you that are in addition to or that conflict with the terms and conditions herein and such proposed terms and conditions shall be of no force or effect.

GOVERNING LAW; SEVERABILITY

Any dispute, controversy or claim arising out of or related to the Text Messages, the Site, the PPIMS Software, the Content, or these Terms of Use shall be governed by and interpreted under the laws of the State of Georgia (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts serving Coffee County, Georgia in respect of litigation arising out of or related to your use of the Content or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

CONFIDENTIALITY AND USE OF PERSONAL INFORMATION

PPL will endeavor to maintain the confidentiality of personal information you provide in connection with the Text Messages or the use of the Content and the services provided herein. Nonetheless, you acknowledge and agree that any such information that is sent via the Internet may not be protected and there can be no assurance that such information will remain confidential. In addition, you acknowledge and agree that, subject to applicable law, PPL may disclose your name and other personal and financial information about you or your account(s) to its employees, representatives, officers, directors, agents and affiliates, or to any governmental or regulatory authority or self-regulatory organization, or to any third party service provider, (a) in connection with the offering, maintenance or administration of the Text Messages, the Site or the PPIMS Software or the services provided herein; (b) to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities or self-regulatory organizations; or (c) for any other purpose described in any Existing Agreement or in PPL's "Privacy Policy."