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These Terms of Use apply to your use of the websites, apps, platforms, features and all related functionality and Content (as defined below) offered by or for 91��Ƭ�� on or through its family of sites and any applications, systems, servers and networks used to make the sites available of 91��Ƭ��. and its subsidiaries, affiliates and related entities. Please read these Terms of Use carefully before using our Sites. By accessing our Sites, you agree to and are bound by these terms.

Please review these Terms (and together with all other terms or policies posted on our Sites, including any updates, collectively, the “Terms”) carefully. These Terms govern your access to and use of the Sites. By using the Sites, you affirm that you are of legal age to enter into these Terms. If you violate or do not agree to these Terms, then your access to and use of the Sites is unauthorized. 

From time to time, we may update our Sites and these Terms. Your use of our Sites after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. By continuing your access to or use of the Site after we provide notice of any changes, you accept the updated Terms. Any changes made to the Terms will not apply to any dispute between you and us arising before the date on which we posted the updated Terms or otherwise notified you of such changes.

Our Sites are not directed to children under 13. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain personal information without a parent or guardian's consent. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. If you believe that we might have any information from or about a child under age 13, please contact us at privacy@tyson.com. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE REQUIRING YOU AND US TO ARBITRATE OUR CLAIMS INSTEAD OF SUING IN COURT. THESE TERMS ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

When we say:

• “You” or “your” means any user, or any entity on whose behalf a user is acting, of any Site. If you use any Site on behalf of a company, organization or other entity, then you warrant you are an authorized representative of that entity and you agree to these Terms on that entity’s behalf.
• “91��Ƭ��,” “we,” “us” or “our” means 91��Ƭ��., the owner and operator of the Site, and all subsidiaries, affiliates and related entities of 91��Ƭ��. and each entity’s officers, directors, employees, consultants, agents, representatives, contractors and licensors (collectively, “91��Ƭ��”).
• “Chatbot” means an application feature or interface by which you are able to engage in voice or text communications that are intended to mimic human interactions and conversations, including through the use of Generative AI and third-party large language models.
• “Content” means descriptions, reviews, comments, messages, reviews, communications, feedback, concepts, know how, submissions, suggestions, questions, product and program names, slogans, and other information, data, content, and materials (including page headers, images, screenshots, text, illustrations, formats, graphics, trademarks, logos, hashtags, designs, icons, photographs, software programs, audio, music or video clips or downloads, AI‑generated outputs, predictive analytics, session‑based data, or machine‑learning assisted material, and written and other materials) or any compilation of the foregoing.
• “Generative AI” means artificial intelligence (“AI”), including large language models made by third parties or us, capable of generating new text, images or other media.
• “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
• “Materials” means materials that 91��Ƭ�� makes available on or through use of the Site.
• “make available” or “made available” means post, transit, publish, upload, distribute, transmit, display, provide or otherwise submit or make available (including through any part of the Site administered by third-party social media platform that allow interaction with the Site through the tools offered by such social media platforms).
• “P���ǻ�ܳ��ٲ�” means Content made available by 91��Ƭ��, the Site, the Materials and Services, including digital experiences, personalization features, and generative features where applicable.
• ��ٱ�����������” means services 91��Ƭ�� makes available through the use of the Site, including interactive tools, account features, and AI‑augmented digital functions.
• “Site(s)” means 91��Ƭ��’ websites, mobile applications, connected devices, digital services, APIs, and any online or interactive platform, including AI‑enabled features, automated decision systems, recommendation engines, and future digital interfaces developed by 91��Ƭ��.

 

YOUR USE OF THE SITE

In connection with the Site, you may not nor permit, encourage, assist or allow any third party to:

• use or make available any Content prohibited by these Terms;
• attempt unauthorized testing or probing;
• use the Products for any commercial, fraudulent or otherwise tortious or unlawful purpose, including intruding on another’s privacy, harassing, libelous, defamatory, obscene, or threatening;
• remove any copyright, trademark, or other proprietary rights notice from the Products;
• systematically download and store, reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, distribute, or otherwise exploit or misuse the Products;
• use or make available the Products or 91��Ƭ��’s trademark, URL, name, logo or brand within any meta tags, metadata or hidden texts or to send any form or method of advertising, promotional or other unsolicited materials, content or products or use the Products in any other manner that is likely to cause confusion among consumers, that dilutes the strength of 91��Ƭ�� or its licensor's property, or that otherwise infringes 91��Ƭ��’ or its licensors’ intellectual property rights;
• register domain names, social media accounts, NFTs, blockchain records, or other digital identifiers that contain or closely resemble 91��Ƭ�� trademarks, including lookalike names, logos, or any confusingly similar variations thereof;
• use 91��Ƭ�� Content or data to train AI or ML models without permission;
• input 91��Ƭ�� proprietary or confidential information into third‑party AI systems;
• create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by 91��Ƭ�� without the prior review and written approval of 91��Ƭ��;
• pose a security risk to, restrict or inhibit any person’s use of or interfere with or disrupt the operation of the Site, including without limitation by hacking or defacing any portion of the Site or violating any requirement, procedure or policy of 91��Ƭ��;
• reverse engineer, decompile or disassemble any portion of the Site or frame, mirror or otherwise incorporate any portion of the Products into any product or service;
• make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or any other similar software or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (collectively, “Malware”) or that may adversely affect the operation of the Sites;
• use unauthorized bots, crawlers, scrapers, or automated agents except as permitted by 91��Ƭ��’ published APIs;
• harvest or collect information about users of the Site;
• use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Content, or reproduce or circumvent the navigational structure or presentation of the Site;
• cause injury or property damage to 91��Ƭ�� or any person or entity; or
• violate any law, rule, or regulation, or these Terms.

 

MODIFICATION OF PRODUCTS, SUSPENSION AND TERMINATION

91��Ƭ�� may modify, restrict, suspend or discontinue all or any portion of the Products at any time without notice to you. These terms are effective unless and until they are terminated by us or by you. You may terminate these Terms at any time, provided you discontinue any further use of the Products. We may suspend or terminate these Terms at any time, immediately without notice, and deny you access to the Site, if in our sole discretion, you fail to comply with any provision of these Terms. 

You understand and agree that you have no ownership rights to the Site or the materials and features therein. 91��Ƭ�� may cancel your account and delete all your Content associated with your account at any time, and without notice, if 91��Ƭ�� deems that you have violated these Terms or the law. 91��Ƭ�� assumes no liability for any information removed from our Site and reserves the right to permanently restrict access to the Site or a user account.

 

TYSON FOODS CONTENT AND INTELLECTUAL PROPERTY

Except for any Content provided by you and licensed by 91��Ƭ�� as described in these Terms, all Products and any Intellectual Property Rights related thereto shall be and remain the sole property of 91��Ƭ�� or its licensors.  You shall have no right or interest in, or claim to, any Products or any derivatives thereof or modifications or adaptations thereto, except as provided in these Terms. For clarification, Materials are licensed (not sold) to end users. Resale or unauthorized distribution of Materials is strictly prohibited. For the purposes of these Terms, “resale” means purchasing or intending to purchase any Materials from 91��Ƭ�� for the purpose of engaging in a commercial sale of the same Materials to a third party. 

 

CHATBOTS AND GENERATIVE AI USE

The Sites may use Chatbots and other Generative AI tools (collectively, “Generative AI Features”) to create Content and respond to users. The Generative AI Features are subject to the following additional terms:

THE GENERATIVE AI FEATURES ARE PROVIDED “AS IS” WITHOUT GUARANTEES. TYSON FOODS DOES NOT PROMISE THEY WILL ALWAYS WORK PERFECTLY OR BE ACCURATE. TYSON FOODS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR WRONG MATERIALS OR INFORMATION FROM USING THESE TOOLS.

Because of how Generative AI works, the answers and recommendations it gives (“Output”) might not always be correct, complete, or up to date. It may misunderstand your questions (“Input”) or give wrong information. Always double-check the Output before making any purchases or decisions based on it.

Prices shown by Generative AI may be wrong or outdated and are not a promise to sell at that price.

The Output may come from the Sites, manufacturers, sellers, customer reviews, public info, or third-party AI models. 91��Ƭ�� does not verify these sources, and opinions in the Output don’t always reflect 91��Ƭ��’s views.

You must not use Generative AI to create harmful, violent, or misleading content. Trying to trick or break the AI’s safety features is also forbidden.

The Output is for general information only. Do not rely on it for important decisions about health, safety, legal, or other serious matters. You are responsible for checking the information and any decisions you make. The AI may give similar Output to other users, and those answers don’t belong to you. You are responsible for your Input.

Do not share sensitive, personal, or confidential information with Generative AI. Your Inputs and activity may be used by 91��Ƭ�� to improve these tools and the Sites, as explained in 91��Ƭ��’s Privacy Notice. 91��Ƭ�� owns the Output, but you can use it according to these Terms.

 

DISCLAIMER OF WARRANTIES

91��Ƭ�� makes no representations about the reliability of the features of the Sites, Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such Products will be at your own risk. 91��Ƭ�� makes no representations regarding the amount of time that any Content will be preserved.

91��Ƭ�� does not guarantee uninterrupted access and may experience outages.

91��Ƭ�� does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any user Content.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS MADE AVAILABLE TO YOU ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TYSON FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; OR WITH RESPECT TO THE CONTENT, MATERIALS AND SERVICES, ANY WARRANTIES OF ACCURACY, RELIABILITY, TIMELINESS, USEFULNESS, CURRENTNESS, COMPLETENESS OR PERFORMANCE; OR WITH RESPECT TO THE SITE OR SOFTWARE THEREIN, ANY WARRANTIES OF OPERATION, SECURITY, AVAILABILITY OR FUNCTIONALITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL TYSON FOODS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL TYSON FOODS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND TYSON FOODS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL TYSON FOODS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF TYSON FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY AND SOLE RISK FOR YOUR USE OF THE PRODUCTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

SUBMISSION AND LICENSE OF YOUR CONTENT

91��Ƭ�� provides functionality to enable users to make available Content in connection with the Site. You agree you are responsible for all Content, and the legality, accuracy, completeness appropriateness, originality and rights related thereto, you make available with the Site. 

You agree that you will not make available any Content in connection with the Site that:

• is unlawful, false, fraudulent, inaccurate, impersonating, misrepresenting or misleading;
• contains your or any other person’s confidential personally identifiable information, except for the authorized use of Products as set forth in these Terms;
• impersonates any person or organization or misrepresents an affiliation with another person or organization;
• violates these Terms or other 91��Ƭ�� policy, any local, state, federal or international laws or is otherwise tortious;
• would infringe on the rights of others (including 91��Ƭ��);
• is, or otherwise promotes Content or action that is, obscene, indecent, pornographic, objectionable, derogatory, defamatory, threatening, libelous, invasive of another’s privacy, infringing, harassing, abusive, slanderous, violent, hateful or embarrassing to any other person, entity or group as determined by 91��Ƭ�� in its sole discretion;
• victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• contains or relates to advertisements, solicitations, or spam links to other web sites or individuals, chain letters or pyramid schemes; or
• is intended to cause harm, damage or interference.

By making available Content, you warrant that:

• you own and have the authority to grant the rights in your Content as explained in these Terms;
• your Content you provide is truthful, accurate and has been legally obtained;
• your Content are gratuitous, unsolicited and without restriction; and
• your Content does and will comply with these Terms. 

You retain ownership of the Content you make available and understand that making available Content is not a substitute for registering such Content with the U.S. Copyright Office or other rights organization. To the extent your Content is not deemed a work made for hire under the terms of an employment arrangement with 91��Ƭ��, you grant 91��Ƭ�� a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, fully sublicensable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content, any name, voice and/or likeness associated with any Content, that you make available, in any media or medium, and in any form, format or forum, now known or hereafter developed. 

You further agree that 91��Ƭ�� is free to use any Content made available by you for any purpose, but not under obligation to exercise such rights or to otherwise provide any attribution for any Content. This may include using submitted Content for analytics, service improvement, and moderation training; enforcing platform, app-store or legal compliance obligations; or using automated moderation tools to assist in Content review. For any Content made available by you, 91��Ƭ�� is, and will be, under no obligation to: (1) maintain any Content in confidence; (2) pay any compensation for any Content; or (3) respond to any Content.

 

MONITORING OF CONTENT

91��Ƭ�� will have the right, but not the obligation, in our sole discretion to monitor, evaluate and analyze Content, and any access to or use of the Site, including to determine compliance with these Terms and any other operating rules that may be established by 91��Ƭ�� from time to time. 91��Ƭ�� will also have the right, but not the obligation, in our sole discretion to edit, modify, move, delete or refuse to make available any Content made available through the Site for any reason, including for violation of these Terms, legal or other reasons. Despite this right, you are solely responsible for any Content you make available. You also understand that you are solely responsible for your interactions with other users of the Site and may be exposed to Content from other users that is inaccurate, objectionable or otherwise unsuitable. You agree that 91��Ƭ�� shall not be liable for any damages you may incur as a result of such interactions with other users or such Content.

 

THIRD-PARTY SITES

References on the Site to any names, marks, products or services by third parties, or links to third-party sites or information, are not owned, controlled, maintained, endorsed, sponsored, related or recommended by 91��Ƭ��. 91��Ƭ�� is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile application platform with which the Site may operate or otherwise interact. 91��Ƭ�� is not responsible for the acts or omissions of any operator of any such site or platform nor is it a party to or in any way monitoring any transactions you have with a third party. Your use of any such third-party site or platform is at your own risk and will be governed by the third party’s terms and policies (including its privacy policy). 91��Ƭ�� is not responsible for algorithmic outputs or third‑party personalization systems.

Portions of the Products are performed by third parties. You may not use the applicable Products except in compliance with such third party’s Terms of Service. Unless required by applicable law, Products delivered by third parties are provided on an “AS IS” basis without warranties or conditions of any kind, either express or implied. Please see applicable Terms of Service for specific language governing permissions and limitations. Users accessing Services via app stores must comply with those platform terms.

 

 

PRIVACY & SECURITY EXPECTATIONS

By accessing the Sites, you agree that any personal information that you provide will be processed by 91��Ƭ�� as described in 91��Ƭ��’ Privacy Notice, which may be updated from time to time. 91��Ƭ�� may use cookies, pixels, analytics technologies, session replay tools, device signals, or similar technologies to provide, secure, personalize, and improve your experience. Depending on your jurisdiction, you may have additional privacy rights (e.g., access, deletion, correction, opt‑out of targeted advertising).

Users are responsible for maintaining secure credentials and preventing unauthorized access. 91��Ƭ�� supports responsible security research and provides guidelines for reporting vulnerabilities.

We do not accept bug bounty requests or participate in bug bounty programs. If you discover a security vulnerability or wish to report a potential issue, please send a detailed message to our security team at security-disclosure@tyson.com. We appreciate your responsible disclosure and will review all reports promptly.

 

ACCESSIBILITY

91��Ƭ�� is committed to providing accessible digital experiences. If you experience difficulty accessing our website content, reach out to us at 1-800-643-3410 for assistance or send us a request at Contact Accessibility Request | 91��Ƭ��.

 

MOBILE APP-SPECIFIC TERMS

91��Ƭ�� may request access to device capabilities such as camera, microphone, geolocation, biometrics, and notifications with user consent.

 

MAKING A CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others. For information as to how to report a claim of copyright infringement or other claims of intellectual property infringement, please visit 91��Ƭ��’ Intellectual Property Infringement Notification page.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW:

INDIRECT DAMAGES. TYSON FOODS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, EVEN IF YOU HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

TOTAL LIABILITY. TYSON FOODS WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PRODUCTS.

CONDUCT AND CONTENT OF THIRD PARTIES. TYSON FOODS WILL NOT BE LIABLE FOR: (I) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, OR FOR ANY CONTENT FROM, ANY OTHER USER OF THE SITE; OR (II) ANY CONTENT OF ANY THIRD PARTY LINKED OR REFERRED TO ON THE SITE OR YOUR INTERACTION WITH ANY SUCH THIRD PARTY.

INFORMATION SECURITY. TYSON FOODS WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, IMPERMISSIBLE DISCLOSURE OR ALTERATION OF, INJURY, LOSS OR DAMAGE TO YOUR INFORMATION THAT RESULTS FROM YOUR USE OF THE PRODUCTS, INCLUDING THOSE RELATED TO YOUR USE OF THE SITE.

 

INDEMNIFICATION

You agree to defend (at 91��Ƭ��’s option), indemnify and hold 91��Ƭ�� harmless from and against all liabilities, claims, damages, costs, expenses, including attorneys’ fees and costs, arising from or related to:

• your or your dependents’ access to or use of the Products;
• any claim or damages arising from any Content made available through your account;
• any breach of these Terms;
• any violation of applicable law, rules or regulations; or
• any claim of infringement, misappropriation or misuse of Content or other violation of a third party’s rights related thereto (including any privacy rights or Intellectual Property Rights) for any Content you or your dependent makes available.

91��Ƭ�� reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with 91��Ƭ�� if and as requested by 91��Ƭ�� in the defense and settlement of such matter.

 

DISPUTES AND ARBITRATION

 

THIS SECTION MAY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS.

Any dispute or claim relating in any way to your use of the Site or the Products, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, with the exception of any claim alleging antitrust injury or intellectual property infringement, will be resolved by final and binding arbitration, rather than in court, utilizing the laws of the State of Arkansas without regard to its conflicts of law provisions.

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 and must follow these Terms as a court would.  The arbitration award shall be limited to compensatory damages only, and the arbitrator shall have no authority to award punitive, multiplied, or other non-compensatory damages, regardless of whether such damages would normally be afforded under applicable law. 

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Arkansas law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, 91��Ƭ�� will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor 91��Ƭ�� shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right to discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.

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 PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES 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 SITES AND/OR THIS AGREEMENT, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Class arbitrations and class actions are not permitted, and you agree to give up the ability to participate in a class action.  We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

Any antitrust dispute shall be heard in the United States District Court for the District of Delaware.

International users may have additional consumer protection rights.

 

GENERAL

These Terms shall be governed and construed in accordance with the laws of the State of Arkansas in the United States of America without giving effect to its conflict of law provisions and are subject to all applicable federal, state and local laws and regulations. Users must comply with U.S. export, sanctions, and trade laws. These Terms represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Terms are for reference purposes only and in no way define or limit the scope of these Terms. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms will remain in full force and effect. The failure of 91��Ƭ�� to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit 91��Ƭ��’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. Any use of the term “including” or variations thereof in these Terms shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The following sections will survive any termination of these Terms: “Your Use of the Site,” “Modification of Products, Suspension and Termination,” “91��Ƭ�� Intellectual Property; License Grant and Use of 91��Ƭ�� Materials,” “Disclaimer of Warranties,” “Submission and License of Your Content,” “Monitoring of Content,” “Third Party Sites,” “Privacy,” “Making a Claim of Copyright Infringement,” “Limitation of Liability,” “Indemnification,” “Dispute Arbitration,” and “General.”

These Terms constitute a binding agreement between you and 91��Ƭ�� and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and 91��Ƭ�� regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

 

ELECTRONIC NOTICES

You consent to electronic communications delivery of notices and other communications (including email or the Site). All such notices and other communications sent to an email address shall be deemed received upon: (i) the sender’s receipt of an acknowledgement from the intended recipient (such as by the “return receipt requested” function, return email or other acknowledgement) if sent to an email address or (ii) the receipt by the intended recipient at its email address that such notice or communication is available and identifying the website address if posted to the Site. You are responsible for the accuracy and currentness of any email address you provide to 91��Ƭ��.

 

NORTH CAROLINA RESIDENTS

If you are a North Carolina resident, the following provisions will apply:

• The disclaimers of warranties and limitations of liability herein will not apply to you.
• These Terms will not be construed to limit your recovery of damages or other remedies.
• These Terms will not be construed to require you to agree to jurisdiction or venue in any state other than North Carolina for resolution of disputes between you and us.

 

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site, Materials and Services are provided by 91��Ƭ��, 2200 W. Don Tyson Parkway, Springdale, Arkansas 72762. If you have a question or complaint regarding the Products, please contact us at 91��Ƭ�� Inc., Attn: Law Department 2200 W. Don Tyson Parkway, Springdale, Arkansas 72762 and 1-800-233-6332. 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 (800) 952-5210.

 

INTERNATIONAL USE

Local privacy and consumer protection laws may apply outside of the United States. By accessing and using the Sites hosted and operated in the United States, you acknowledge and agree that the Site’s content, services, and data are subject to U.S. laws and regulations. If you are accessing the site from outside the United States, you do so at your own risk and are responsible for complying with the laws of your country. We make no representations that the website or its content is appropriate or available for use in locations outside the U.S., and access from territories where its contents are illegal is prohibited.