Terms of Use

The following provisions ("Terms of Use") govern your use of the Producepedia website. By accessing, viewing, or using the material on this website, you acknowledge that these Terms of Use are the legal equivalent of a signed, written contract and that you agree to be legally bound by them.

Privacy Policy

Producepedia has a Privacy Policy that describes the information we collect about visitors and how we use it, the steps we take to secure the information we collect, how you can view and correct such information, and how you can decline to have information about you collected or used.

Intellectual Property

All material contained in this website is protected by law, including but not limited to, United States copyright law. Western Growers is the owner of the copyright of the entire content, as well as individual components, of www.producepedia.com unless indicated, and actively and aggressively enforces its intellectual property rights. You may not remove or alter the copyright notice on any material on the website. You may not use any content from this website for commercial purposes without the prior written consent of Western Growers. Except as indicated, all trademarks, service marks or other logos found on its website are owned by Western Growers. You may not use or misuse these trademarks, service marks or logos, and doing so may violate federal and state law.

User Information

As a user of this website, you may be invited to provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information and for all activities that occur under your account or password.

If you think there may be an issue regarding the security of your information on the website, inform us immediately so we may investigate and address the issue.

Applicable Law and Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of California. By accessing, viewing, or using the material on the website, you consent to the jurisdiction of the federal and state courts presiding in Orange County, California, and agree to accept service of process by mail and hereby waive any jurisdictional and venue defenses otherwise available.

Indemnification

You agree to indemnify Western Growers and its affiliates, representatives and employees and hold them harmless against legal claims and demands that may arise from your use or misuse of this website and any breach by you of these Terms of Use.

Disclaimer of Warranty and Liability

You agree that use of this website is at your own risk. Western Growers is not responsible for any damages that may occur to you as a result of your reliance on any information contained on the website. All materials on the website are provided with no warranty of any kind, either express or implied.

No Solicitation or Offer

This website is designed to provide general information about Producepedia and its products and services. Information on the website is not intended to constitute an offer to sell or a solicitation of any particular product or service.

Communications With Our Website

Western Growers welcomes your feedback and suggestions about how to improve our products and services and this website. By transmitting any feedback or suggestions, you automatically grant Western Growers the right to use or develop, royalty free, any ideas or suggestions contained in any communication you send to or about the website.

Confidentiality of Communications to Western Growers

The confidentiality of any communication you send to Western Growers via the website or email, including communications that include personal information, cannot be guaranteed. To ensure that your personal information remains private, you may also contact Western Growers by telephone at (949) 863-1000, or write us at Western Growers, 6501 Irvine Center Dr, Suite 100, Irvine, CA 92618.

Website Outages

While we try to keep the Producepedia website running at all times, it may periodically be unavailable for maintenance or other reasons.

Accuracy of Contents

Western Growers endeavors to keep the materials on the Producepedia website up to date but does not assume responsibility for any errors or omissions in these materials. Western Growers may make changes to the materials included and products or services described on the website at any time without notice, but makes no commitment to update the information contained herein.

Links to Other Web Sites

The website may contain links to other Internet websites that may be of interest to its users. By using this website, you acknowledge that any linked or referenced third-party sites are maintained by persons or organizations over which Western Growers exercises no control. Western Growers is not responsible for the content, the accuracy of the information, or the quality of products or services provided by these third-party sites. Unless expressly stated, Western Growers does not control, endorse, promote, or have any affiliation with any other website, and does not control or manage the privacy practices of third party websites.

Digital Millennium Copyright Act (“DMCA”) Notice

Western Growers is committed to complying with copyright and related laws and requires all users of the website to comply with these laws. If you believe that your rights under copyright laws have been infringed by Western Growers, you may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA) to report possible infringements. Although Western Growers will not make any legal decisions about the validity of your infringement claim, we will, upon receipt of a proper notice of a claimed infringement, remove or disable access to the material in question and will follow DMCA procedures to resolve the claim. Western Growers reserves the right to disregard any notice that is not in compliance with the DMCA.

If you believe that the Producepedia website includes information that violates a copyright owned by you, you must submit a Notification of Claimed Infringement. The Notification must be in writing, sent to the address shown below, and contain the following information:

1. An electronic or physical signature of the owner of the copyright or intellectual property interest, or a person authorized to act on behalf of the copyright or intellectual property owner;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;     
3. The location on the website of the alleged infringing material;
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement that the person submitting the Notification has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information contained in your report 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.

The Notification of Claimed Infringement should be emailed or mailed to one of the following addresses:

E-Mail: PrivacyRights@wga.com with the subject line “DMCA”.

Mail:

Western Growers
Attn: Office of the General Counsel
6501 Irvine Center Dr, Suite 100
Irvine, CA 92618

If you are uncertain whether material on the Producepedia website infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Western Growers with respect to your use of the Producepedia website. If any part of these Terms of Use is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Producepedia website, Western Growers has relied on your agreement to be legally bound by these Terms of Use.