YOUR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THE SITE.
1. User Eligibility.
The Site is provided by United Brands and available only to those who can form legally binding agreements under applicable law. If you do not qualify, do not use the Site.
2. License and Site Access.
United Brands grants you a limited personal, non-transferable, non-sublicenseable, revocable worldwide license to access and use the Site. If you are a consumer, you may view, copy, print and distribute limited quantities of material from the Site, as long as the material is used by you for information only and not for commercial purposes. If you are a commercial user, you may view, copy, print and distribute limited quantities of material from the Site in accordance with the terms for commercial reproduction found on the Site. Any rights not expressly granted by this Agreement are reserved by United Brands.
3. Site Description.
The Site provides users with on-line access to information regarding United Brands’ products and services. United Brands may also provide new features or information on the Site; they shall also be subject to this Agreement. United Brands assumes no responsibility for errors of any kind and does not guarantee the accuracy, timeliness, reliability or completeness of the Site or any information or materials contained on it. United Brands reserves the right to change its general practices and restrictions regarding use of the Site at any time, in its sole discretion, with or without notice.
4. Products and Services.
Most United Brands products and services displayed on the Site are available in the United States while supplies last. In some cases, products and services displayed on the Site may not be available. United Brands reserves the right to discontinue the production or sale of any product or service listed on the Site at any time without notice.
United Brands does not guarantee that any product or service description on the Site is accurate or complete, including, without limitation, price information and product specifications. Because actual
colors and the “look and feel” you see on the Site will depend on your monitor and other technical factors, United Brands cannot guarantee that the display of any product will be accurate at any time.
United Brands cannot guarantee that any particular product or service displayed on the Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it. Any prices for products or services listed on the Site for sale to consumers are suggested prices only; all prices on the Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties.
If you are a consumer: Please remember that return and refund policies vary by retailer and are not the responsibility of United Brands. United Brands is not a party to any sales transaction or other transaction any consumer makes with any retailer, either online, by telephone or otherwise. United Brands therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you.
5. Intellectual Property Ownership.
All intellectual-property rights associated with the Site, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade dress, trade secrets, copyrights and patents (together “Intellectual Property”) appearing on the Site or referenced in it are the sole property of United Brands or third parties. Any rights associated with any Intellectual Property are retained by its owner, and are protected by applicable law. Except for commercial users acting in conformance with the terms for reproduction and use set forth below, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without United Brands or the appropriate third party’s prior written permission. This Agreement does not grant you rights to any Intellectual Property other than as expressly set forth in it.
6. Restrictions on Use.
The Site, together with all pages within the Site and any materials made available on the Site for downloading, are the property of United Brands, its affiliates or other third parties, and are protected by United States and international copyright and trademark laws. This Agreement does not grant any license to modify, alter or frame the materials on the Site that are viewed, downloaded or otherwise accessed by you. Your license does not include (a) any right of resale or of commercial use of the Site or its contents; any derivative use of the Site or its contents; (b) or any use of data mining, robots, or similar data-gathering and extraction tools in connection with the Site. You shall not remove or alter and shall keep intact all copyright notices and other proprietary notices contained on any downloadable materials and shall comply with any applicable end user license agreements.
You may not input or upload onto the Site any information or computer code (e.g., viruses, Trojan horses, worms, time bombs, cancel bots or other inappropriate computer programming) that is intended to, or likely to, damage, interfere with, alter, intercept or expropriate any system, the Site or its contents, or that infringes any Intellectual Property rights of United Brands or any third party. You may not take any action that imposes an unreasonable or disproportionately large load on the system
providing the Site. You are also prohibited from posting or transmitting any unlawful, threatening, obscene, libelous or otherwise offensive material, or engaging in any kind of harassment activity via the Site or any website linked to it. Any access or use that is inconsistent with this Agreement is strictly prohibited.
Any comments, suggestions, testimonials, endorsements, ideas, or similar material disclosed, submitted or posted by you on the Site or in connection with it will be considered non-confidential, non-proprietary and not personal either to you or to anyone else. By so disclosing, posting or submitting any such material, you grant to United Brands and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, edit, publish, translate, rework, distribute and display that material without compensation or acknowledgment of source. You agree that any such information or material will be true, accurate, current and complete.
8. Privacy, Monitoring and Disclosure.
United Brands seeks to meet privacy requirements under applicable law. Please note, therefore, that United Brands, its agents and representatives collect personal and commercial information in a number of circumstances in the course of its business and in the supply of products and services to consumers, retailers and other parties in the food-service industry. United Brands generally uses personal information for the following purposes: (a) identification; (b) establishment and maintenance of our relationship with you; (c) to provide you with ongoing service and respond to your requests and inquiries; (d) to protect you and United Brands against error and fraud; (e) for marketing purposes; (f) to manage accounts; (g) to meet legal, regulatory, insurance, security and processing requirements; (h) to help fulfill orders made by you via the Site, and (h) otherwise as permitted or required by law.
Without guarantee of any kind as to results, United Brands takes reasonable steps to help protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in United Brands’ custody or control, which may include attempted safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Although United Brands has no obligation to monitor any information you provide to the Site, United Brands reserves the right to monitor, retain, and disclose that information if required to do so by law or in a good faith belief that disclosure is reasonably necessary (a) to comply with legal requirements; (b) to respond to claims that any information violates the rights of third parties; (c) to protect the rights, property or personal safety of United Brands, its users or the public; (d) to comply with a court order; (e) to comply with local, federal or foreign regulations or a legally permitted inquiry by a government agency; or (f) to collect a debt owed to United Brands.
From time to time, United Brands uses “cookies” on the Site. A cookie is a small text file loaded onto your hard drive so that the Site can recognize you as a repeat user of the Site, track your use of the Site and target advertising to you. That allows for personalization of certain aspects of your visit to the Site,
9. No Warranty.
The Site, including any content or information contained within it and any linked website, is provided “AS IS” and “AS AVAILABLE.” UNITED BRANDS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SITE AND ANY LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
Without limiting the foregoing, United Brands does not guarantee (a) that the Site will be error-free, secure or uninterrupted; (b) that the information provided will fulfill any particular purpose or need; (c) that the content or information provided is complete, reliable or accurate; (d) that any request will be honored according to any stated or implied schedule; (e) that the Site will otherwise meet any specifications, requirements or expectations; (f) that the results that may be obtained from use of the Site will be accurate and reliable; or (g) that any errors in the content of the Site will be corrected.
You agree that United Brands has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site.
You assume total responsibility and risk for your use of the Site and any linked website. Any material downloaded or otherwise obtained through the use of the Site is so obtained at your own discretion and risk. United Brands will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.
10. Limitation of Liability.
IN NO EVENT SHALL UNITED BRANDS, ITS AFFILIATES, OTHER RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, SPONSORS OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARUNITED BRANDSNG OUT OF OR RELATING IN ANY WAY TO THE SITE,
ITS CONTENT, YOUR USE OR INABILITY TO USE THE SITE, YOUR INFORMATION OR ANY LINKED WEBSITE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH RISK OR DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY INKED WEBSITE IS TO STOP USING THAT SITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY LAW, THE FOREGOING REMEDIES ARE YOUR SOLE REMEDIES UNDER THIS AGREEMENT.
United Brands may, at any time and without notice, modify, update or otherwise change the terms of this Agreement or the Site. You agree that you will be deemed to have been apprised of, and to have been bound by, those changes immediately upon the posting of them on the Site. Accordingly, United Brands encourages you to review this Agreement on the Site from time to time.
You agree that United Brands, in its sole discretion, may, without notice, terminate your use of the Site, remove and discard any content within the Site or discontinue providing the Site or any part of it, for any reason and at any time. United Brands shall not be liable to you or any third party for any of the foregoing. The provisions of this Agreement that, by their nature, should survive termination of this Agreement shall so survive any termination of this Agreement or discontinuation of the Site.
The Site may provide or include links to other Internet sites or resources. Because United Brands has no control over those sites and resources, you agree that United Brands is not responsible for the availability of any such external site or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from any such sites or resources.
You further agree that United Brands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Websites available on or through any such Website or resource.
United Brands prohibits unauthorized caching of any portion of the Site, any unauthorized links to the Site and any unauthorized framing of the Site. United Brands reserves the right to disable any unauthorized links or frames. If you desire to provide a link from your website or other website to the Site, or to frame it, you must contact United Brands for written permission. United Brands will be under no obligation, however, to permit any link or frame.
14. Jurisdiction and Choice of Law.
All claims regarding the Site shall be governed according to the laws of the State of New York, United States of America, without regard to its conflicts of law principles. Any claim or action arising under this Agreement shall be subject to the exclusive jurisdiction of courts in the State of California, United States of America. United Brands makes no representations or warranties that materials on the Site are appropriate or available for use in any particular location; accessing the Site from any territory in which its content is illegal is not permitted or sanctioned by United Brands.
15. Complete Agreement.
This Agreement (and, for commercial users, the commercial terms for reproduction found on the Site) constitutes the entire agreement between you and United Brands with respect to use of the Site, superseding any other agreement between you and United Brands. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.