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Terms of Use

Last Modified: December 2017

Acceptance of the Terms of Use

These terms of use are entered into by and between the person or entity that accesses, browses, downloads content from or in any other way uses this Website (“you” or “your”) and Riceland Foods, Inc. ("Company", "we", “our” or "us"). The following terms and conditions, together with our Privacy Policy (found at www.riceland.com) and any other documents these terms expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.riceland.com, including any content, functionality and services offered on or through www.riceland.com  (the "Website").

Please read the Terms of Use carefully before you use the Website. By accessing, browsing, downloading content from or in any other way using the Website, you unconditionally accept and agree to be bound and abide by these Terms of Use.  If you do not want to agree to these Terms of Use, you must not access, browse, download content from or in any other way use or use the Website.

This Website is offered and available to users who are 18 years of age or older and have the capacity to form a legal contract, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Website thereafter. Your continued use of the Website after we post revised Terms of Use means that you accept and agree to the changes. You should check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We may in our discretion and without notice withdraw or change this Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We also may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible to make arrangements necessary for you to have access to the Website, and to ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to or allow any other person or entity to use them. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website only for your personal, non-commercial use, and only for lawful purposes and in accordance with these Terms of Use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your Web browser for display enhancement purposes.  You may also print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not modify copies of any materials from this Website; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website. 

If you fail to comply with these Terms and Conditions, your right to use the Website will cease immediately. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms Riceland, Riceland Foods, Rice N’ Easy, Chef-Way, Delta Rose, Delta Star, Golden Butterfly, Oriental Style, PBH Growing Medium Material, PBH Nature’s Media Amendment, Riceland Perfected Rice, et al., [the Company logo] and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards below.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website. 

User Contributions

If you send submissions or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, “User Content”), the User Consent shall be deemed, and shall remain, the property of the Company.

You represent and warrant that you have all necessary rights in and to any User Content you provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information.  You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. 

By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable (through multiple levels), and transferable right and license to use, copy, record, disclose, sell, re-sell, sublicense, lease, reproduce, distribute, create derivative works based upon (including translations), publicly display, publicly perform, transmit, publish, broadcast, reformat, translate, archive, store, and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate, for any purpose whatsoever, including in connection with our business and the businesses of our successors, parents, subsidiaries, and their related companies.  We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Websites, these Terms of Use and applicable Additional Terms.  Without limitation, the granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials.  Except as otherwise described in the Website’s posted Privacy Policy, you agree that your User Content will be treated as non-confidential and non-proprietary.  Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever, including to develop, manufacture and market products and/or services using such User Content; or to create informational articles based on or advertising our products and services.  You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Websites and the Internet.  The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion.

The Company does not endorse and has no control over the content of User Content submitted by others to the Website. User Content submitted to the Website is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of the Company.

The Company makes no warranties, express or implied, as to User Content on the Website or the accuracy and reliability of any User Content.

We have the right, without incurring any liability to you, to take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.  Such action may include disclosing your identity or other information about you to any third party who claims that material posted by you violates their rights (including their intellectual property privacy rights); taking legal action (including referral to law enforcement); and/or terminating or suspending your access to all or part of the Website. We may fully cooperate with any law enforcement authorities or court order.

Content Standards

These content standards apply to all User Contributions and use of interactive services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [INSERT LINK TO PRIVACY POLICY].
  • Be likely to deceive any person.
  • Is an advertisement for goods or services or a solicitation for funds.
  • Contains a formula, instruction or advice that could cause harm or injury.
  • Depicts any third party trademarks or products or services in any manner that violates their rights or could create liability.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent for this Website.  We will not respond to inquiries not relevant to or not complying with the procedure outlined below.  We respect the intellectual property of others, and we ask anyone who uses this Website to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying with that Act we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

            If you believe your work has been copied in a way that constitutes copyright infringement, please provide us all of the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description and, if possible, the IP address of where the material that you claim is infringing is on this Website;
  4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit us to contact you;
  5. 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;
  6. 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 behalf of the owner of an exclusive right that is allegedly infringed.

            Notices of claimed copyright infringement should be directed to:

By Mail:

Riceland Foods, Inc.  

Attention: Andrew Dallas
P.O. Box 927
Stuttgart, AR 72160

By E-Mail: ahdallas@riceland.com

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

In many instances, Website content will include content posted by a third-party or will represent the opinions and judgments of a third-party.  We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.

If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Company and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The Website may contain links to other websites maintained by third parties.  We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

Geographic Restrictions

The owner of the Website is based in the state of Arkansas in the United States.   We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR WEBSITE CONTENT; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED, TIMELY OR ERROR-FREE; (7) WARRANTIES THAT DEFECTS OR ERRORS IN THE WEBSITE OR WEBSITE CONTENT WILL BE CORRECTED; AND (8) WARRANTIES THAT THE WEBSITE (OR THE SERVER THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

We provide the Website and its content for entertainment, educational and promotional purposes only.  You may not rely on any information and opinions expressed on the Websites for any other purpose.  In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website content.  Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website content.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR ITS CONTENTS.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENT IS TO STOP USING THE WEBSITE OR CONTENT.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THIS WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS THE COMPANY RECEIVED FROM YOU DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.

FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITES, THESE TERMS OF USE OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability or of warranties are not permitted.  In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and any Website content, services and products, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

California Consumer Protection Information

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

Governing Law; Jurisdiction; Jury Waiver

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of laws rules.

Any legal proceeding against the Company that may arise out of, relate to, or be in any way connected with this Website or its content, or these Terms of Use, shall be brought exclusively in the state courts located in Arkansas County, Arkansas or the federal district courts in the Eastern District of Arkansas, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, YOU AND WE WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND ANY RELATED AGREEMENT, AND THE OBLIGATIONS AND TRANSACTIONS ARISING UNDER OR CONNECTED TO THEM.  YOU AND WE EACH REPRESENT TO THE OTHER THAT THIS WAIVER IS KNOWINGLY, WILLINGLY AND VOLUNTARILY GIVEN.

Miscellaneous Provisions

These Terms and Conditions (which include our Privacy Policy) contain all of the terms and agreements governing your use of this Website and its content, and supersede all prior understandings, statements, or agreements about that subject (none of which are binding or may be relied on).  We have not authorized anyone to make any representations, statements or promises in addition to or in any way different than those in these Terms and Conditions regarding that subject matter.

These Terms and Conditions are binding on you and your successors; however you are not permitted to assign any rights you may have hereunder. 

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable to any extent in any context, that provision shall be modified or restricted however necessary to render it valid, legal, and enforceable in that context. Modification or restriction may be accomplished by mutual agreement between you and us; or, alternatively, by disposition of a court of competent jurisdiction.  If the provision cannot be modified or restricted, then: that provision will be fully severed, these Terms and Conditions will be construed and enforced as if the illegal, invalid or unenforceable provision was never a part of these Terms and Conditions, and the remaining provisions of these Terms and Conditions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from these Terms and Conditions.

Our failure to insist on strict performance or to enforce any provision of these Terms of Use shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.

We may provide notice to you relating to the Website and/or these Terms and Conditions by any reasonable means including sending an e-mail to your last known e-mail address, and any such e-mail notice shall be deemed given and received on the day it is sent.

None of our rights or remedies conferred by these Terms and Conditions are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. A printed version of these Terms of Service and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For purposes of these Terms and Conditions: (a) the words "include," "includes" and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to these Terms and Conditions as a whole. The provisions in these Terms and Conditions shall be construed in accordance with their plain meaning and without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument.  Defined terms in these Terms and Conditions apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.