Effective: January 21, 2012
The Site is intended solely for users who are 13 years of age or older. If you are under the age of 13, you are not permitted to use the Site. You acknowledge that all information (including, without limitation, text, layout, design elements, trademarks, recipes, images, product information, promotional information, and interactive software) published or otherwise made available on this Site (collectively, the "Information") is protected in the United States and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws, and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. You acknowledge that the Company, its affiliates, or licensors are the sole and exclusive owners of all right, title, and interest in the Site and the Information. The Information is provided by the Company as an accommodation to its customers, and may be used by you only to promote your purchase of the Company's products (the "Purpose"). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that the Company will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only. The Company reserves the right to change, suspend, remove, or disable access to the Site or any feature thereof, at any time without notice. In no event will the Company be liable for any removal of or disabling of access to any portion of the Site.
You acknowledge that Information accessed through secure areas of the Site (i.e. areas requiring a user name and password) is confidential and proprietary to the Company ("Confidential Information"), and you agree: (i) not to reveal, report, publish, copy, disclose or transfer Confidential Information to any third party without the Company's prior written consent, or permit any third party to examine and/or make copies of any of the Confidential Information; (ii) not to use or copy the Information for any purpose except the Purpose; and (iii) to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect the Confidential Information. Confidential Information shall not include any information that is or becomes generally available to the public.
You acknowledge and agree that the Confidential Information is proprietary to and is the sole and exclusive property of the Company and that you have no right, title or interest therein. You acknowledge and agree that the Confidential Information is a trade secret and is not readily accessible to competitors of the Company and that such Confidential Information has been acquired and assembled at significant expenditures of time and other resources. You additionally acknowledge and agree that such Confidential Information: (i) provides the Company with a competitive advantage over those who do not know or use it; (ii) is kept in a safe place and the Company has taken and is taking all reasonable precautions to protect the secrecy of the Confidential Information and the Company's legitimate interest in the Confidential Information; (iii) would be difficult for competitors of the Company or others to duplicate; and (iv) may be used by the Company in any manner it determines in order to aid in the marketing, sales and distribution of its products.
All Information relating to descriptions, nutritional values, and characterizations of products contained on this Site ("Product Data") are provided solely for purposes of identifying the products in question and for illustrative purposes and do not constitute a warranty that our products will conform to such Product Data, and the Company hereby waives any and all liability in connection therewith.
Any trademarks, logos, slogans, product designations, service marks, and trade dress (collectively "Marks") displayed on this Site are the property of the Company or other third parties. You are not permitted to use these Marks without the prior written consent of the Company or such third party that may own any such Mark. This Site may contain information and disclosures of products which may be the subject of intellectual property protection owned by the Company. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any Marks.
This Site may contain links to third party websites ("Third Party Sites") or offer content from Third Party Sites. The Company makes no representations about any Third Party Sites or the content thereof which you may access through this Site. You acknowledge that the Company has not reviewed these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site, or content thereof, is at your own risk and the Company shall have no liability therefor. The Company is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. The Company shall not be liable for any damages or injury arising out of or relating to the content of any Third Party Site, content from any Third Party Site, or your use thereof, and same are hereby waived. The Company provides these links and content merely as a convenience and the inclusion of thereof does not imply an endorsement, sponsorship or recommendation by the Company of anything contained on Third Party Sites, or its products or services. The Company reserves the right to terminate any Third Party Site link or content at any time.
Moreover, a Third Party Site may provide a link to this Site ("Links"). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not aware that a third party has linked to this Site. You acknowledge and agree that the Company shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.
The Company cannot guarantee that any of the Third Party Sites, content thereof, or Links will be free from any viruses, time bombs, Trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, the Company does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites, content thereof, and the Links, and same are hereby waived. Accordingly, the Company hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
To access certain Information on this Site, you may need to download such Information onto your own computer. You acknowledge and agree that your right to download Information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices. As more particularly stated in section 6, the Company is not responsible for the completeness, accuracy and reliability of Product Data downloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such Information.
The Company is committed to complying with U.S. copyright law. It is our policy to terminate subscriptions and accounts (if applicable), of any user who has been found to violate copyright law by making material available on or through our website in a way that infringes upon the intellectual property rights of others.
If you believe that your copyrighted work is made available on the Site in violation of your copyright rights, you may provide notice to us pursuant to § 512(c)(3) of the Digital Millennium Copyright Act ("DMCA"). The DMCA notice should be sent to Myron Stein, who is our "Designated Agent" and can be contacted as follows:
By Mail: 950 3rd Avenue, #21, New York, NY 10022
By Telephone: 212-753-6900
By Email: firstname.lastname@example.org
The DMCA notice should include all of the following:
By submitting any questions, comments, suggestions, ideas, feedback, recipes, reviews, images, videos, or other information or content ("Submissions") to the Company, either online of offline, and whether or not solicited by the Company, you hereby grant to the Company, its parent, affiliates, subsidiaries, assigns, agents, and licensees, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submissions and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed, without compensation or attribution of any kind to you or any third party.
Publication or use of any Submissions is at the sole discretion of the Company and the Company is under no obligation to publish or use any Submission. If your Submission is published, used and/or posted on the Site or otherwise used by the Company, we may include your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submission, you hereby grant the Company the right to use your name in connection with the publication, use or posting of your Submission.