TERMS AND CONDITIONS

Welcome to www.emeraldnuts.com (the “Web site”). This Web site is maintained and operated by Diamond Foods, Inc., dba Diamond of California and Emerald of California, (“we”, “us” or “Diamond”).

YOUR ACCESS AND USE OF THE WEB SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEB SITE.

Use of the Web site
This Web site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Web site requires the prior written consent of Diamond. You may not frame portions of the Web site within another web site or establish links from any other web site to any page of the Web site other than the home page.

Copyright and Trademarks
The graphics, text, software, audio, video and other creative materials on this Web site, and all copyrights, trademarks and other intellectual property or proprietary rights contained therein, are owned exclusively by, or authorized for use by, Diamond. Except as permitted by these Terms and Conditions, you may not copy, distribute, modify or make derivative works of such materials. The Emerald Nuts logo is a registered mark of Diamond Walnut Growers, Inc. Web site visitors are encouraged to make copies of Diamond recipes for personal use. However, the reproduction and/or distribution of large quantities of recipes (20 or more) is not permitted without prior written consent of Diamond. Any such reprinting must name Diamond of California on each copy as the source. All rights not granted under these Terms and Conditions are reserved by Diamond.

No Ideas Accepted
Diamond does not accept any unsolicited ideas from outside the company including without limitation suggestions about advertising, promotion or merchandising of our products; additions to our product lines; recipes; or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this site, you understand and acknowledge that such idea is not submitted in confidence and Diamond assumes no obligation, expressed or implied, by considering it and that Diamond shall exclusively own all known or hereafter existing rights to the idea everywhere in the world.

No Warranties
While Diamond uses reasonable efforts to include up-to-date information on the Web site, Diamond makes no warranties or representations as to its accuracy or completeness. Diamond assumes no liability or responsibility for any errors or omissions in the content on the Web site. Your use of the Web site is at your own risk. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND DIAMOND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DIAMOND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DIAMOND DOES NOT WARRANT THAT ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIAMOND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL DIAMOND BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes
All information posted on the Web site is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the web site. You should check the Web site for such changes frequently. Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.

Governing Law
The laws of the State of California shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN SAN JOAQUIN COUNTY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at contact@diamondnuts.com.