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Terms of Use

Welch Foods Inc., A Cooperative ‖ Terms of Use

Effective Date: 7/4/2021

Welch Foods, Inc. ("Welch's") is committed to making its terms and conditions and other important information clear and transparent.  These "Terms of Use" were last updated on the Effective Date above and comprise the terms on which you use the www.welchs.com internet website and our branded social media pages that link here: https://www.facebook.com/welchsgrapes, https://www.instagram.com/welchs/ and https://twitter.com/Welchs.

Your Agreement to These Terms and Conditions of Your Use of this Website

Welch Foods, Inc. and our affiliates (collectively "Welch's," "we," or "us"), operate websites and social media pages (collectively, "Websites" and each a "Website").  The Websites are provided for your personal and noncommercial use and intended for use by residents of the United States only.  By using the Websites, you ("you" or "user") agree to these Terms of Use (the "Terms"), which incorporates our Privacy Policy.  If you do not agree to the Terms, do not use the Websites.  If you continue using the Websites, you will be bound by the Terms as they existed when you last used the Websites.  We reserve the right to make changes to these Terms at any time.  Please check back from time to time to ensure you are aware of any updates or changes.  THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT ALL DISPUTES TO INDIVIDUAL MANDATORY ARBITRATION – PLEASE READ CAREFULLY.

 

General Disclaimer

Your use of and browsing of the Websites are at your own risk.  To the fullest extent permitted by law, neither Welch's, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Websites, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of your access to, or use of, the Websites.  You are advised that there are risks associated with activities related to the world wide web and incurred by using the internet and world wide web, and you bear these risks arising from your use.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers, but does not attempt to exclude liability concerning those warranties implied by law that cannot be excluded.

Specific Warnings and Disclaimers

You must ensure that your access to these Websites is not illegal or prohibited by laws which apply to you or in your location.

We assume no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Websites, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence.  You, as the user, must take precautions to ensure that whatever you select for your use from these Websites is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.  The Websites are provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence, to the extent permitted by law.

We make no warranty that the Websites will meet users' requirements, that the Websites will be uninterrupted, timely, secure, or error free.  You understand and agree that any information or material and/or goods or services obtained through the Websites is obtained at your discretion and risk.

We may, from time to time, change or add to these Websites’ content, including these Terms of Use, or the information, products, or services, without notice.  However, we do not undertake to keep these Websites updated.  We are not liable to you or anyone else if error occurs in the information on this Websites or if that information is not up-to-date.

We have not reviewed any or all of the sites linked to the Websites and are not responsible for the content or the privacy policies of any third-party websites or platforms linked to the Websites.  We do not accept any liability or responsibility for any cookies, data or personal information collected by other linked sites accessed through these Websites, nor the linked sites.

Ownership of Content and Intellectual Property

The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Welch's, its licensors, and/or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not use any registered or unregistered trademarks on the Website without either our prior written permission or the prior written permission of the relevant trade mark owner.

You should assume that everything you see (including images of people or places) or read on the Websites is copyrighted unless otherwise noted, and may not be used, except as provided in these Terms of Use or in the text on the Websites, without Welch's written permission.  We do not warrant or represent that your use of materials displayed on the Websites will not infringe rights of third parties.

The Websites and their contents are made available for your personal entertainment, information, and communication only, and all content is provided for your non-commercial use.  You may not distribute, modify, transmit, reuse, repost, or use the content of the Websites for commercial purposes, including but not limited to the text, images, audio, and video without Welch's written permission.

You are also advised that Welch's, in their sole discretion, may choose to aggressively enforce its intellectual property rights to the fullest extent of the law.

 

Conduct

While using the Websites, you are required to comply with these Terms and all applicable laws, rules, and regulations.

You agree not to engage in any activity that is disruptive or is detrimental to the operation or functioning of the Websites.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Consistent with our Privacy Policy, Welch's will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of personal information for anyone posting any such information or materials, and we reserve the right to remove any such materials at any time from the Websites. 

User-Generated Content

You agree and hereby grant Welch's world-wide, perpetual, non-exclusive royalty-free, assignable, sublicensable, transferable rights to use any text, images, graphics, audio/visual or other materials on this Website created by you (collectively "User-Generated Content") for any purpose, including, but not limited to: copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User-Generated Content.  User-Generated Content includes any content submitted, displayed, or posted on any section of the Website, or contained in any communication you may send to Welch's, including communications via Welch's branded social media pages.  You irrevocably waive any claims and assertions against Welch's of moral rights or attribution with respect to your User-Generated Content.  

 

Breach of These Terms of Use

Welch's may, in its sole discretion, prevent you from accessing the Websites or remove and discard any content within the Websites if, for any reason, including without limitation, if Welch's believes that you have violated or acted inconsistently with the letter or spirit of these Terms.  Welch's reserves the right to contact any authority or other relevant party and disclose any personal information and other information, or take legal action, as required or as needed, regarding your conduct on the Website.

 

Dispute Resolution; Arbitration; No Class Claims; Governing Law 

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Websites, these Terms, our Privacy Policy, or any products or services provided (each a "Claim"), you agree to communicate your Claim to Welch's by contacting us via email at legal@welchs.com or mail at 300 Baker Avenue, Suite 101, Concord, MA 01742 .  You agree not to bring any suit or to initiate arbitration proceedings until 30 days after the date on which you communicated your Claim to Welch's have elapsed.  If we are not able to resolve your Claim within 30 days, you may seek relief through arbitration or in small claims court, as set forth below.

You and we agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify or seek injunctive or equitable relief for any violation of these Terms.  This includes any Claims you assert against us, licensors, or suppliers offering products or services through us (which are beneficiaries of this arbitration agreement).

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys' fees and costs).  The arbitrator must follow and enforce these Terms.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.  If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator's fees.  This arbitration provision shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law.  An arbitration decision may be confirmed by any court with competent jurisdiction.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action.  The arbitrator will have authority to decide issues as to the scope of this arbitration provision and the arbitrability of Claims.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims via email at legal@welchs.com. If we request arbitration against you, we will give you notice at the email address or street address you have provided.  The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

If for any reason a Claim proceeds in court rather than arbitration, you and we each waive any right to a jury trial.  All such Claims shall be brought exclusively in the federal or state courts of Massachusetts and shall be governed by the laws of Massachusetts, excluding its conflicts-of-law provisions. 

 

Severability

If any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Updates to These Terms

We may make updates to these Terms from time to time.  Your continued use of the Website following any changes to the Terms will constitute your acceptance of such change.

 

Questions or Comments about Our Policies

If you have any questions about our Terms of Use or Privacy Policy, you can Contact Us. We will be happy to answer your questions or hear your concerns.