Terms Conditions

Terms of Use

KOCH FOODS INCORPORATED 5(“KOCH FOODS” “we”, “us” , “our”) welcomes you to our website, KOCHFOODS.COM (our “Website”), access to which is provided to the general public. Please review these Terms of Use carefully. These Terms of Use apply only to your use of the Website and do not change or alter any other agreement that you may have with us.

1. Consent to Terms of Use

By visiting, logging onto or using the Website, you agree to all terms and conditions contained or referenced in these Terms of Use. If you do not accept each of the Terms of Use and our Privacy Policy, please exit our Website.

2. Website Content

KOCH FOODS publishes information on its sites as a convenience to its visitors. Except for those sites where products may be purchased, KOCH FOODS product information is provided for informational purposes only. While KOCH FOODS attempts to provide accurate and timely informaiton, there may be unintended technical or factual inaccuracies and typographical errors.

3. Changes to the Terms of Use

We reserve the right, in our sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance by you of any changes made to the Terms of Use. If we modify these Terms of Use, we will provide a notice at the top of the page as to the effective date of the revised Terms of Use.

4. User Conduct

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on KOCH FOODS’s infrastructure.

Additionally you agree not to use this Website (a) to transmit, post, distribute, store or destroy material, including without limitation, Website content in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information; (b) in a manner that may infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) in a manner that is defamatory, obscene, threatening, abusive or hateful to any person:

Further, you will not violate or attempt to violate the security of this Website. Violations of system or network security may result in civil and/or criminal liability. KOCH FOODS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users of the Website who are involved in such violations.

KOCH FOODS retains the right to cancel your access to the Website in the event you violate any provision of these Terms of Use and to pursue all remedies available at law or equity. You agree, at your own expense, to defend, indemnify and hold KOCH FOODS, its affiliates, employees, shareholders, legal representatives, agents and partners from any and all claims, suits, actions, costs, liabilities, and damages, including attorney’s fees, and any other expenses of any kind resulting from your use or access to the Website in any manner that is not expressly authorized by these Terms of Use. You agree that you will not transmit any viruses, computer code, files or programs that could interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment owned or leased by KOCH FOODS.

5. Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices regarding the use and protection of your personal information. The terms of the Privacy Policy are incorporated by reference herein. We make no, and disclaim all, representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We are not responsible for any damages (whether actual, consequential, special or incidental) resulting from a breach of compliance with our Privacy Policy because of a security breach or technical malfunction.

6. Ownership of Website Content

Except as expressly set forth in these Terms of Use , all rights, title and interests in this Website, including all of the software and code that comprise and operate this Website, and all of the text, job applications, photographs, logos, images, illustrations, graphics, audio, video and audio-video-clips, and other materials provided through this Website (collectively “Content”) are owned by KOCH FOODS or by our business partners or suppliers. This Website is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. Also, the entire Content of this Website is collective work under U.S. and international copyright laws and treaties and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Website.

Patents may be applied for or granted protecting the intellectual property rights of KOCH FOODS.

KOCH FOODS grants you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the Terms of Use. You may download, print, copy and share Content for personal, for non commercial purposes, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way.

KOCH FOODS hereby grants a limited license to print media publishers to use the logos and product photos found in our Image Gallery solely for the purpose of illustrating an article. Your failure to comply with this legal statement with constitute brach of contract and will violate KOCH FOODS; copyright, trademark and other proprietary and intellectual rights.

All trademarks not owned by KOCH FOODS that appear on this Website are the property of their respective owners.

7. Unsolicited Ideas

KOCH FOODS welcomes your comments and suggestions with respect to the Website and its products, but KOCH FOODS does not seek or solicit any confidential or proprietary ideas, suggestions, or other creative materials. However, if you submit such materials, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications or suggestions, despite this request, then any such materials become the exclusive property of KOCH FOODS and shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary. You will not be entitled to compensation for KOCH FOODS’s use of such materials for any purpose whatsoever. You shall have no right of confidentiality to these communications and KOCH FOODS shall be free to reproduce, use, disclose and distribute these communications to others without limitation.

8. Disclaimer of Warranties

THE WEBSITE IS PROVIDED BY KOCH FOODS ON AN “AS IS” AND “AS AVAILABLE” BASIS. KOCH FOODS AND ITS AFFILIATES AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES PROVIDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KOCH FOODS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THIS WEBSITE IS LINKED. KOCH FOODS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Exclusion of Liability

KOCH FOODS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM: (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) PERFORMANCE FAILURE; (C) ERROR OR OMISSION; (D) INTERRUPTION, DEFECT, OR DELAY IN WEBSITE OPERATION OR TRANSMISSION; OR (E) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO THE WEBSITE OR DATA (EVEN IF KOCH FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN EACH CASE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND LOST PROFITS, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Third Party Sites

The Website may contain links to other internet websites that are not maintained by KOCH FOODS. These links are provided solely for your convenience and KOCH FOODS makes no representations or warranties about the content of any products or services offered by such third-party sites. We recommend that you take the time to read the privacy policies and user agreements of any third-party sites.

11. Applicable Law

By visiting the Website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use. To the extent permitted by law, you hereby waive any claim that (i) you are not personally subject to the jurisdiction of the State of Illinois, (ii) any action or proceeding may not be brought in the State of Illinois, (iii) an action or proceeding in the State of Illinois should be dismissed on the basis of forum non conveniens, (iv) or that this agreement may not be enforced in the State of Illinois. You and KOCH FOODS further agree to any service of process permitted by the laws of the State of Illinois.

12. Severability

These Terms of Use constitute an agreement between you and KOCH FOODS. A finding that a provision contained within this agreement is unlawful, void, or otherwise unenforceable shall not affect the enforceability of the remainder of this agreement.

13. Waiver

In any instance where KOCH FOODS fails to execute its rights under this agreement, such failure will not constitute a waiver of any rights under these Terms of Use. SELECTING “YES, I ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS WEBSITE AND/OR CREATE AN ACCOUNT.