Terms and Conditions of Use

Triumph Foods Web Site Terms and Conditions of Use

(Last Updated November 29, 2022)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

Triumph Foods, LLC PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Site Terms”). BY ACCESSING, BROWSING, AND USING THIS SITE (the “Site”), YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THIS SITE. THE LINKS BELOW PROVIDE DETAILED INFORMATION ABOUT THE SITE TERMS OF TRIUMPH FOODS:

  1. Related Policies and Terms

Additional policies and terms apply to the use of specific portions of this Site and the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer to and review all additional specific terms and conditions, including the terms at www.triumphfoods.com.

The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with TRIUMPH FOODS for products, services, or otherwise.

TRIUMPH FOODS has adopted a Privacy Policy that you should refer to understand how TRIUMPH FOODS uses and collects information fully. To learn about the privacy practices of TRIUMPH FOODS, please refer to the Privacy Policy section of this Site.

  1. Modification of Site Terms

TRIUMPH FOODS reserves the right to modify the Site Terms in its sole discretion from time to time, and only TRIUMPH FOODS has the right to do so. If the Site Terms are changed, TRIUMPH FOODS will post the new terms on this Site and note the date they were last updated. Any changes or modifications will be effective upon posting of the Site Terms as revised, and your use of this Site following the posting will constitute your acceptance of the new Site Terms.

  1. United States Usage

This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. License and Site Access

TRIUMPH FOODS grants you a limited license to make personal use only of this Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks of TRIUMPH FOODS or its affiliates) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of this Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from this Site or any other user of this Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of TRIUMPH FOODS, its affiliates, or any third party. You may not use any meta tags or any other “hidden text” utilizing the name, trademark, or product name of TRIUMPH FOODS or its affiliates without the express prior written consent of TRIUMPH FOODS or its affiliates, as applicable. “Site Materials” means all materials on this Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.

TRIUMPH FOODS may terminate your limited license and your use of or access to this Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law, including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. TRIUMPH FOODS reserves the right to have all violators prosecuted to the fullest extent of the law.

  1. Changes, Misprints and Errors

Subject to applicable law, TRIUMPH FOODS: (a) reserves the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserves the right to limit quantities sold or made available for sale; (d) does not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this Site is inaccurate. If TRIUMPH FOODS does not process an order for such reason, TRIUMPH FOODS will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.

  1. Intellectual Property
  2. Ownership

All Site Materials are owned by TRIUMPH FOODS, its affiliates, and others and are protected by United States and international copyright, trademark and other laws.

  1. Trademarks

TRIUMPH FOODS (and, including but not limited to, other registered trademarks owned by TRIUMPH FOODS and its affiliates listed on the attached Exhibit A), and their respective designs and/or logos are either trademarks or registered trademarks of TRIUMPH FOODS or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of TRIUMPH FOODS or its affiliates, as applicable. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of TRIUMPH FOODS and its affiliates. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of TRIUMPH FOODS or its affiliates, as applicable. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

  1. Restrictions on Use

Except as stated in the Site Terms, none of the Site Materials and intellectual property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TRIUMPH FOODS or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of TRIUMPH FOODS – is strictly prohibited.

  1. Software

Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on this Site is licensed to you by TRIUMPH FOODS on a non-exclusive and limited basis. TRIUMPH FOODS and/or its affiliates shall retain full and complete title and all intellectual property rights to the Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

  1. Hyperlinks
  2. Links to this Site

You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray TRIUMPH FOODS, its affiliates, or any of their products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of TRIUMPH FOODS or its affiliates, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without the express written consent of TRIUMPH FOODS or its affiliates, as applicable. All other linking is prohibited without the prior written consent of TRIUMPH FOODS. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of TRIUMPH FOODS, its affiliates or any third party.

  1. Third-Party Links

TRIUMPH FOODS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site or websites linking to this Site.

  1. Submissions
  2. Additional Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided by you in the form of email or submissions to TRIUMPH FOODS or postings on this Site (“Submissions”) are non-confidential (subject to the Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to TRIUMPH FOODS and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of TRIUMPH FOODS or its assigns, and you hereby waive all moral rights, and agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of TRIUMPH FOODS and its assigns.

  1. Restrictions for Submissions

By using this Site, you agree not to do any of the following:

  1. Upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange or the Nasdaq Stock Market;
  3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
  6. Disseminate any harmful content of any kind, including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
  7. Policies and Enforcement

All access to and use of this Site is governed by and subject to the Site Terms. TRIUMPH FOODS has the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. TRIUMPH FOODS may access at any time and use information stored on its systems internally for any lawful purpose, including the content of any emails or other communications. TRIUMPH FOODS may disclose such information to any third party, including law enforcement agencies, to protect the rights or property of TRIUMPH FOODS in response to legal process or in a good faith belief that such disclosure is justified or required in an emergency. TRIUMPH FOODS may investigate any reported violation of its policies or complaints and take appropriate action that TRIUMPH FOODS deems appropriate. TRIUMPH FOODS has the right, but not the obligation, to take any action TRIUMPH FOODS deems appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of this Site and related services at any time, and block, remove or edit any communication and materials that TRIUMPH FOODS believes in its sole discretion may violate applicable law, the Site Terms or a third party’s rights. TRIUMPH FOODS takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

  1. Responsibility for Your Conduct

You remain solely liable for the Content of any messages or other information you upload or transmit to this Site’s discussion forums or interactive areas. You agree to indemnify and hold harmless TRIUMPH FOODS and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.

  1. Third-Party Financial Information

TRIUMPH FOODS provides links and access to third-party websites or services that contain information that is provided as a service to those interested in the information. TRIUMPH FOODS neither regularly monitors nor assumes responsibility for the content of third parties’ statements or websites. Accordingly, TRIUMPH FOODS does not endorse or adopt these websites or any information contained therein. TRIUMPH FOODS makes no representations or warranties whatsoever regarding their accuracy or completeness.

  1. Children

This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with the involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this Site.

  1. Health-Related Information

Information accessible on this Site is for information or advertising purposes only and is not intended to be a substitute for professional medical advice. TRIUMPH FOODS does not warrant the validity of any health-related statements on the Site or any such information on third-party websites referenced in the Site. You should always consult your physician before changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay seeking it because of something you have read on the Site.

  1. Disclaimer

THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRIUMPH FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. TRIUMPH FOODS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TRIUMPH FOODS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. TRIUMPH FOODS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF TRIUMPH FOODS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TRIUMPH FOODS.

  1. Limitation of Liability

IN NO EVENT SHALL TRIUMPH FOODS BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRIUMPH FOODS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID TRIUMPH FOODS, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

  1. Applicable Law, Venue and Limitation of Actions

These Site Terms shall be governed by and construed in accordance with the laws of the State of Missouri without resort to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed and adjudicated only in the federal or state courts for Buchanan County, Missouri, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Site Terms.

  1. Termination

Notwithstanding any of these Site Terms, TRIUMPH FOODS reserves the right, without notice and in its sole discretion, to terminate your limited license to use this Site and to block or prevent future access to and use of this Site if you violate any of these Site Terms. Upon termination, these Site Terms shall still apply.

  1. Consent to Email Communication

When you visit this Site or send email to TRIUMPH FOODS, you are communicating with TRIUMPH FOODS electronically. You consent to receive communications from TRIUMPH FOODS electronically and agree that TRIUMPH FOODS may communicate with you by email or posting notices on this Site.

  1. Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administration of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

  1. Severability

If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Waivers

No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

  1. Contact TRIUMPH FOODS

If you are experiencing difficulties using this Site, please contact TRIUMPH FOODS: 1. Call 816-396-2700; 2. Email info@triumphfoods.com; 3. Write to TRIUMPH FOODS Customer Service, 5302 Stockyards Expy, St Joseph, MO, 64504.

 

EXHIBIT A

Among others, TRIUMPH FOODS and its affiliates own the following registered trademarks: TRIUMPH FOODS, DAILY’S, BUFFET BRAND, SEABOARD TRIUMPH FOODS, SEABOARD, SEABOARD FOODS, SEABOARD FARMS, PRAIRIE FRESH, PRAIRIE FRESH PRIME, A TASTE LIKE NO OTHER, and THE THRILL WITHOUT THE GRILL. TRIUMPH FOODS also may use other trademarks that are not registered or registered in the future. Seaboard Foods is licensed to use the SWEET BABY RAY’S and associated trademarks.