Terms of Use

Access to Sanderson Farms, Inc.’s (hereinafter “Sanderson Farms”) website (hereinafter the “Site”) is given to users (“User” or “you”) subject to the Terms of Use stated herein (the “Agreement”).  The Site includes Sanderson Farms’ online communities, other communication tools, related links, and other content.  Nothing in this Agreement shall be construed to modify any existing written or online agreements, policies or guidelines you may have with Sanderson Farms.

 

By accessing, using, downloading, commenting, or browsing on or from the Site you agree to be bound by this Agreement.  Sanderson Farms reserves the right to amend or modify this Agreement and any modifications to same will be effective from the date of posting of such amendments or modifications on the Site.  By continuing to use the Site after any modification you consent to such changes.

 

The Site is intended for users who are thirteen (13) years of age and older.  Sanderson Farms does not knowingly collect personal information from children under thirteen (13) years of age.  If Sanderson Farms learns that a child under thirteen (13) years of age has submitted personal information to Sanderson Farms, Sanderson Farms will delete such personal information as soon as possible.

 

In the event you elect to register on the Site by submitting your name, user name, password and/or email address, you warrant and represent that you are over thirteen (13) years of age.  If you are at least thirteen (13) years of age but under eighteen (18) years of age and in the event you elect to register on the Site by submitting your name, user name, password and/or email address, you warrant and represent you have been given consent to do so by your parent or legal guardian, and that you are fully competent to enter into the terms of this Agreement.  If you have not been given such permission, you should leave the Site now.

 

You are solely responsible for your use of the Site and/or the content provided by you or accessed by you on the Site, including the consequences of such use, such as the use of content provided by you or by third parties.  In addition, it is your sole responsibility to ensure the confidentiality of your name, user name, password and/or email address.  You further agree to accept responsibility for any actions taken under your name, user name, password and/or email address, and you understand that Sanderson Farms may use or rely upon any action taken under your name, user name, password and/or email address.  Sanderson Farms shall not be liable to you or any third party for any actions arising out of or resulting from any unauthorized use of your name, user name, password and/or email address, or any action or failure to act by Sanderson Farms under this provision.

 

Sanderson Farms is under no obligation to monitor the content of the Site or any other information transmitted to the Site.  Sanderson Farms does not guarantee, endorse or advocate the statements, personal views or the content of any content uploaded by its users, regardless of the originator of such content.  Moreover, Sanderson Farms will assume no responsibility for any content on the Site that may be considered to violate applicable trademark and copyright laws; lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal or otherwise inappropriate or objectionable comments, postings, materials or other content; to violate of any applicable state or federal laws, or that a third party could otherwise rely upon to their detriment.  Nevertheless, Sanderson Farms reserves the right to exercise its sole discretion to:  (a) limit or terminate your access or ability to post comments or other content to the Site, and (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all, including but not limited to, your failure to comply with the Acceptable Use Policy set forth below.  Sanderson Farms shall not be responsible for any delay or failure to remove or otherwise edit materials posted by users to the Site.  Further, Sanderson Farms reserves the right to take any action it deems necessary, in its sole judgment and discretion, to enforce this Agreement or any other agreement you may have with Sanderson Farms.  You agree and understand that you shall bear the risk of any content supplied by you and that Sanderson Farms shall not be liable or otherwise responsible for same.

 

You grant Sanderson Farms a royalty-free license and right to use, modify, adapt, reproduce, republish, distribute, or display any information, including, but not limited to, content, comments, postings, materials, ideas, tips, or suggestions provided by you, whether by email, comment or post, in its sole discretion and without compensation to you.  You further grant Sanderson Farms the right to use your name in connection with such above-described uses.  You agree that this license includes the right for Sanderson Farms to make any such content available to other third parties for their broadcast, publication, distribution or use.

 

The Sanderson Farms Privacy Policy set forth below details Sanderson Farms use and collection of information from you in connection with the use of our Site.  Where applicable, your participation in certain offerings on the Site may lead to Sanderson Farms collection of information from you; however, Sanderson Farms will inform you in the terms and conditions of such offerings prior to your agreement to participate in same.

 

The Site may at times provide you a link or otherwise allow you to download and use content (the “Materials”).  Users of Materials may also be subject to other terms by parties not affiliated with Sanderson Farms, and the terms of service associated with such Materials.  You agree that Sanderson Farms is not responsible for your compliance with such terms.

 

No license is granted to you with respect to the Materials and you have no intellectual property or other rights in the Materials including, but not limited to, in any copyrights, trade secrets, trademarks, or patents.  You agree not to decompile, disassemble or modify the Materials.  You shall not remove or obscure any copyright or other proprietary notices from the Materials.  No license is granted to assign, copy, reproduce, sublicense, transfer or otherwise exploit the Materials.  You agree that the owners of the Materials retain all interests and rights in and to the Materials and all copies of the Materials.  You further agree that the owners retain all interests and rights to the copyrights in the Materials.

 

THE SITE IS PROVIDED TO YOU “AS IS.”  SANDERSON FARMS DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SITE AND ANY MATERIAL OR CONTENT UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SANDERSON FARMS FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER THE SITE OPERATES PROPERLY OR IN CONJUNCTION WITH YOUR DEVICE AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE.  SANDERSON FARMS FURTHER DISCLAIMS ANY WARRANTY THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS.  SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY.  SANDERSON FARMS MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

 

SANDERSON FARMS SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE USE OF THE SITE, CONTENT ON THE SITE, OR ACCESSIBLE THROUGH THE SITE, THE MATERIALS, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER SANDERSON FARMS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY SANDERSON FARMS’ NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY.  SANDERSON FARMS MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

 

You agree to indemnify, defend and hold harmless Sanderson Farms, its shareholders, and each of their employees, directors, officers, agents, business partners, subsidiaries, affiliates, contractors, and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising out of, or related to, any breach by you of any term of this Agreement or applicable law, your use of Site and/or your downloading or use of any Materials, including, but not limited to, due to any posting of comments, materials or other content by you.

 

ARBITRATION:  YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND SANDERSON FARMS, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, INCLUDING ACCESS AND/OR USE OF THE SITE AND/OR ANY MATERIALS, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.  THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY SANDERSON FARMS INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE SITE AND MATERIALS.  SUCH ARBITRATION SHALL BE BEFORE A SINGLE ARBITRATOR CHOSEN UNDER AMERICAN ARBITRATION ASSOCIATION (“AAA”) RULES AT A LOCATION IN LAUREL, MISSISSIPPI.  SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND SANDERSON FARMS AND SHALL BE CONDUCTED BY THE AAA UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATOR, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA.  THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.  THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES.  THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.

 

THE ARBITRATION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE CAPACITY.  THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS WHO MAY BE SIMILARLY SITUATED.  YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:  (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD PARTY, OUT OF POCKET COSTS INCURRED, IF ANY.

 

This Agreement and your use of the Site shall be governed by and construed in accordance with the substantive laws of the State of Mississippi, without regard to its conflicts of law principles.

ACCEPTABLE USE POLICY

You agree that your use of the Site (whether or not authorized by you) will not violate the Acceptable Use Policy as set forth below, or any other terms or agreement you have with Sanderson Farms.  Sanderson Farms reserves the right to exercise its sole discretion to:  (a) limit or terminate your access to the Site and/or your ability to post comments or other content to the Site, and/or (b) delete or edit any messages, comments, or other content or materials posted by you for any reason or no reason at all, including but not limited to the following actions by you:

 

  1. Violation of applicable trademark and copyright laws;
  2. Lewd, indecent, harassing, threatening, defamatory, disparaging, obscene, sensitive, confidential, personal, deceptive, fraudulent or otherwise inappropriate or objectionable comments, postings, materials or other content;
  3. Attempts to promote, advertise or solicit;
  4. Attempts to tamper, interfere or disrupt the Site in any manner;
  5. Attempts to reproduce or duplicate the Site or any content thereof; and
  6. Violation of any applicable state or federal laws, or that a third party could otherwise rely upon to their detriment.

 

Please be aware of additional terms, conditions, restrictions, standards and/or guidelines that may be applicable to specific applications and offerings on the Site, such as Sanderson Farms’ community and social media applications.  You agree to comply with these additional terms, conditions, restrictions, standards and/or guidelines.

 

NOTICE AND TAKE-DOWN POLICY

 

It is the policy of Sanderson Farms to expeditiously respond to clear notices of alleged copyright infringement.  This page describes the information that should be present in these notices.  Sanderson Farms makes this policy to make submitting notices of alleged infringement to Sanderson Farms as straightforward as possible while reducing the number of received notices that are fraudulent or difficult to understand or verify.  The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (“DMCA”).

 

It is expected that all users of any part of the Site will comply with applicable copyright laws.  If, however, Sanderson Farms receives proper notification of claimed copyright infringement, the response to such notices will include removing or disabling access to content claimed to be the subject of infringing activity and/or terminating the user’s account, regardless of whether Sanderson Farms may be liable for such infringement under United States laws, state or local laws, or the laws of another jurisdiction.

 

If Sanderson Farms removes or disables access in response to such a notice, Sanderson Farms will make a good-faith attempt to contact the owner of the affected content so that a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA may be made. Sanderson Farms may also document notices of alleged infringement on which it acts.

 

Upon receipt of proper notification of claimed infringement, Sanderson Farms will follow the procedures outlined herein and in the DMCA.

 

Sanderson Farms has designated the following agent to receive notifications of claimed infringement at the address set forth below:

 

Sanderson Farms, Inc.

127 Flynt Road

Laurel, Mississippi 39443

Attn:  Hilary Burroughs

 

INFRINGEMENT NOTIFICATION:

 

To file a notice of infringement with Sanderson Farms, provide a written communication by certified U.S. Mail, postage prepaid, return receipt requested, that sets forth the information specified in the list below.  Email notices will not be acceptable without prior written agreement.  Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is infringing your copyright(s).  If you are not sure whether the content at issue infringes on your copyright, please consult an attorney.

 

To expedite the processing of your request, please use the following format (including section numbers):

 

(a)        Identify with sufficient detail the copyrighted work that you believe has been infringed (for example, “The copyrighted work at issue is the [Name of the work] by [name of the artist] which is available at (http://______________)”);

(b)       Identify the content that you claim is infringing the copyrighted work listed above.  Include identification of the content 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 Sanderson Farms to locate the content;

(c)        Provide information reasonably sufficient to permit Sanderson Farms to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(d)       Make the following statement:  “I have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

(e)        Make the following statement:  “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
(f)        Sign the document; and

(g)       Send the written communication to:

 

Sanderson Farms, Inc.

127 Flynt Road

Laurel, Mississippi 39443

Attn:  Hilary Burroughs

 

COUNTER NOTIFICATION

 

The provider of the allegedly infringing content may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA.

 

To file a counter notification with Sanderson Farms provide a written communication by certified or registered U.S. Mail, postage prepaid, return receipt requested, that sets forth the information specified in the list below.  Email notices will not be acceptable without prior written agreement.  Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is not infringing the copyrights of others.  If you are not sure whether certain content infringes the copyrights of others, please consult an attorney.

 

To expedite the processing of your request, please use the following format (including section numbers):

(a)        Identify the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled;

(b)       Provide your name, address, and telephone number;

(c)        Make the following statement:  “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;

(d)       Make the following statement:  “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;

(e)        Make the following statement:  “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;

(f)        Sign the document; and

(g)       Send the written communication to:

 

Sanderson Farms, Inc.

127 Flynt Road

Laurel, Mississippi 39443

Attn:  Hilary Burroughs

 

Upon receipt of such counter notification Sanderson Farms will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Sanderson Farms will replace the content or cease disabling access to it in ten (10) business days.  Sanderson Farms will replace the removed material and cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the counter notice, unless Sanderson Farms’ Designated Agent (identified above) first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

 

REPEAT INFRINGERS

 

In accordance with Section 512(i)(1)(a) of the DMCA, Sanderson Farms will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

 

PRIVACY POLICY

 

Sanderson Farms respects the privacy of its customers and is committed to protecting the privacy and security of your personal information.  This Privacy Policy discloses and details the privacy practices of Sanderson Farms, including how Sanderson Farms will collect, use, distribute and safeguard your personal information.

 

SCOPE

 

This Privacy Policy applies to Sanderson Farms’ Site and your information collected via such Site.  Sanderson Farms™ is owned by Sanderson Farms, Inc.

 

This Privacy Policy does not apply to other web sites, third party application providers, or to the Internet generally.  Sanderson Farms may make content or services from other websites available to you from links located on our Site.  Sanderson Farms is not responsible for the privacy, security, or content of such sites.  Sanderson Farms also uses third parties to advertise its products on the Internet and websites owned by parties that are unaffiliated with Sanderson Farms.  You should review the privacy policy of each application provider you use and at any third party website you visit to determine how that provider or site protects your privacy.

 

PERSONAL INFORMATION

 

On occasion Sanderson Farms collects personal information from you in connection with your use of the Site, downloads from the Site, uploads to the Site, contests, surveys and special offers.  Personal information collected by Sanderson Farms may include, but is not limited to, your name, address, email address, telephone number, billing, payment, usage, transaction information, and demographic information.  Sanderson Farms does not design its Site to attract, nor do we knowingly collect personal information from children under thirteen (13) years of age.  Ordering online products from Sanderson is limited to adults (eighteen (18) years of age or older or as otherwise legally defined).

 

Sanderson Farms takes precautions to protect your personal information against unauthorized disclosure, theft and misuse.  However, when you use some portions of the Site such as the forums and social networking services, any personal information you share is visible to other users and Sanderson Farms cannot protect it.  You are responsible for the protection of the personal information you choose to share on open portions of the Site.  Please be careful when doing so.

 

NON-PERSONAL INFORMATION

 

In addition to and sometimes in connection with the collection of personal information, Sanderson Farms also collects non-personal information – information collected in a form that does not reflect or reference anything directly identifiable with you or any other specific individual.  Non-personal information collected by Sanderson Farms may include occupation, language, zip code, area code, location, internet activity and time zone.  Sanderson Farms uses this information to increase its understanding of customer behavior and better serve its customers.  In cases where non-personal information is collected with personal information so that it can be connected to a specific individual, Sanderson Farms will treat the non-personal information as personal information as long as it is combined, and Sanderson Farms will remove any links between the non-personal and personal information before treating the separated information as non-personal information.

 

COOKIES

 

Sanderson Farms’ Site may place or employ a unique “cookie” on your browser to recognize your computer and track site usage.  Additionally, Sanderson Farms may log IP addresses, or the location of your computer on the Internet.  Sanderson Farms may use other technology, including but not limited to “web beacons” or “web bugs,” on our Site in order to recognize users and assess traffic patterns with the goal of making the Site more convenient to the user.  We may also include such technology in our e-mail messages and electronic newsletters in order to count how many email messages have been opened.  You can configure your Web browser to alert you when a Site is attempting to send a cookie to your computer and allow you to accept or refuse the cookie.  You can also set your browser to disable the capacity to receive cookies or you can delete cookies previously accepted.  Some Sanderson Farm Web pages (and other Web pages) may not work correctly if you have cookies disabled.

 

EMAILS

 

If you provide your e-mail address to Sanderson Farms, then we may periodically send you emails regarding promotions and special offers from Sanderson Farms.  We may also periodically contact you regarding matters relevant to Sanderson Farms customers or potential customers.  You may choose to remove your name from the list for receiving such emails at any time by following the instructions contained within the emails.  By providing your email address to Sanderson Farms, you agree that Sanderson Farms shall have the right to manage and use your email address as it sees fit, and Sanderson Farms may sell or otherwise provide your email address to third parties.

 

THIRD PARTY SERVICE PROVIDERS

 

Sanderson Farms may hire other companies to perform services on our behalf including, without limitation, sending email, fulfilling purchase requests and managing the operation of the Site.  These other companies may be supplied with or have access to your personal information, including your email address and other contact information.  We may also use third parties, such as third party ad servers or ad networks, to deliver ads to you on our behalf.  These third party ad servers may be supplied with or have access to your email address.  Also, we may provide them with and they may collect and use non-personal information about your visits to the Site and links from the Site.

 

REQUIRED DISCLOSURES

 

Sanderson Farms also reserves the right to disclose personal information, including email addresses, if we are required to do so by law or legal authority, or if we in good faith believe that it is necessary to do so in order to comply with legal process or law, to protect and defend the rights or property of Sanderson Farms, its affiliates, its customers or the public, or to protect against misuse of the Site.

 

PRIVACY RIGHTS AND OPTIONS

 

Your participation in certain offerings on the Site may lead to Sanderson Farms collection of information from you; however, Sanderson Farms will inform you in the terms and conditions of such offerings prior to your agreement to participate in same, and provide you the ability to opt-out of such information collection.

 

CHANGES TO PRIVACY POLICY

 

Sanderson Farms reserves the right to change this Privacy Policy at any time, including if we adjust our business practices or if legal or regulatory events require changes.  Any changes to this Privacy Policy will be posted on the Site.  Further, if we determine to adjust the way we use and disclose personal information in a way that is materially different than our practices at the time the personal information was collected, we will post a notice of the changes on the Site at least thirty (30) days prior to implementing the changes and we will provide you with the opportunity to opt-out of the proposed use or discloser as it relates to your personal information.  Please refer back to this policy from time to time to ensure you are aware of our most current privacy practices.

 

CONTACT US

 

If you have any questions or if you would like to discuss the privacy policies and practices of Sanderson Farms, you may contact us by regular mail at the address set forth below:

 

Sanderson Farms, Inc.

127 Flynt Road

Laurel, Mississippi 39443

Attn:  Hilary Burroughs

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