Terms of Use

1. Your Acceptance

A. By using and/or visiting this website or mobile website (including all content and functionality) (collectively the “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) our Privacy Policy, also found on this Website and incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy in their entireties, you may not access or use the Website.

B. We may, in our sole discretion, modify or revise these Terms of Use at any time. You indicate your acceptance of and agreement to such modifications or revisions by your continued access to and use of the Website. If you do not agree to such modifications or revisions, you are not authorized to access or use the Website, and in that case, please do not proceed.

2. The Website

These Terms of Use apply to all users of the Website, including users who are also contributors of content, information, or other materials or services on the Website. The Website includes, but is not limited to, all content, artwork, text, music, videos, products, software, and code, as well as all services offered via the Website, such as players, uploaders, and other applications.

3. Use of the Website

We provide this Website to you solely for informational purposes. Eagle Family Foods Group LLC (“Eagle”, “We”, “Us”, and similar terms) hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium the Website or any part of it.

B. You agree not to alter or modify the Website or any part of it.

C. You agree not to access any content of the Website through any technology or means other than through the tools provided on the Website itself or other explicitly authorized means that We may designate.

D. You agree not to use the Website for any commercial use. Prohibited commercial uses include without limitation the following:
• sale of access to the Website or its related services;
• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising on the Website; and
• any use of the Website or its related services that We find in our sole discretion, inappropriately uses all or any part of the Website.

E. You agree not to tamper with the Website in a manner that would in any way adversely affect the Website’s performance.

F. You agree not to collect or harvest any Personally- Identifiable Information (as defined in the Privacy Policy) from the Website, nor to use the communication systems provided by the Website for any commercial purposes.

G. In your use of the Website, you will otherwise comply with these Terms of Use and all applicable federal, state, local, and international laws and regulations.

H. We reserve the right, at our sole discretion, to discontinue the Website or any aspect of it at any time, or to block or suspend any user or account.

I. Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EAGLE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

4. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.

A. All content on the Website, including without limitation the text, software, code, scripts, graphics, images, artwork, photos, sounds, music, videos, interactive features, and similar (“Content”), and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Eagle, or its affiliates, and are protected by copyright, trademark, and other intellectual property rights under applicable law.

B. You shall not make any use of any Mark without the prior written consent of the respective owner. We reserve all rights not expressly granted herein with respect to the Marks.

C. All Content on the Website is provided to you on an AS-IS basis, is for your information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted herein in and to the Website, the Content.

D. You may access Content only as permitted under these Terms of Use.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including without limitation any use, copying, or distribution of Content through the Website for any commercial purposes.

F. You agree not to circumvent, disable, or otherwise interfere with (i) any security-related features of the Website or (ii) any features that prevent or restrict use or copying of any Content or (iii) any features that enforce limitations on use of the Website or the Content therein.

5. Accounts, Security, Passwords

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website.

If the Website requires you to open an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Eagle immediately of any unauthorized use of your account at 330-382-3725. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Website. Eagle has no responsibility for maintaining the confidentiality of your user name or password, and is not liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge.

6. Unsolicited Ideas; User Submissions

We always welcome consumer feedback and appreciate your interest in sharing your thoughts with Us. However, it is our policy not to accept or consider unsolicited ideas from outside our company, including without limitation ideas for new or improved products, packaging, technologies, product names, promotion, or marketing strategies. Our research and technical staff continuously work to improve our products and methods and to develop new products. The development process for new items may continue for several years before being introduced to our customers.
Should you submit an idea to Us, despite our policy, We will treat the information as non-confidential and non-proprietary and We will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.

Without limiting the previous paragraph, all postings, remarks, suggestions, ideas, graphics, or other information that you communicate to Us through the Website (including but not limited to any message on bulletin boards, email, or other means) becomes and remains our property. Accordingly, you agree that (a) We will not treat any such submission as confidential, (b) You cannot sue Us or initiate any action against Us for using the ideas you submit (including, but not limited to, product or advertising ideas) (c) We do not have to pay you or anyone else if We use your submission or anything similar, and (d) We will have exclusive ownership of all present and future rights to submissions of every kind, and that We can use them for any purpose, without compensating you or anyone else for them.

You further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including without limitation copyrights, trademark rights, patent rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Us all of the rights granted herein. In addition, you agree that you will not submit material that is fraudulent, slanderous, defamatory, discriminatory, pornographic, obscene, or threatening.
We do not endorse any material you submit and We expressly disclaim any and all liability in connection therewith. We do not permit copyright infringing activities or infringement of any intellectual property rights on the Website, and We will remove all Content and submissions if properly notified that such Content or user submission infringes on another’s intellectual property rights (see section immediately below). We reserve the right to remove Content and user submissions at our sole discretion and without prior notice.

We reserve the right, at our sole discretion, to decide whether Content or a submission is appropriate and complies with these Terms of Use.

We may remove any submissions, and take any other preventative measures We feel to be appropriate in our sole discretion, including but not limited to, terminating or blocking access to the Website, and/or suspending or deactivating user accounts, if submitted material is in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

7. Linked Sites

This Website may contain links allowing you to leave this Website for other sites that are not under our control. We are not endorsing any such linked sites. We are not responsible for, and shall not incur any liability for, the contents or transmission of any linked site or any link contained in a linked site or for ensuring that the linked sites are error and virus free. We are also not responsible for, and shall not incur any liability for, the terms of use or privacy practices of such sites. We encourage you to carefully read the policies of each site you visit.

8. United States Only

The materials published on this Website are intended to promote our products available in the United States. No representation is made or intended that products described on this Website are available either outside the United States or in all parts of the United States. We reserve the right to add or delete products and to modify and/or reformulate products from time to time as We, in our absolute discretion, deem appropriate.
All matters relating to this Website are governed by the laws of the State of Ohio and the United States of America, as applicable. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information to the Website, you explicitly authorize such transfer.

9. Warranty Disclaimer

YOU AGREE THAT THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, AND THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUBSIDIARIES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

10. Limitation of Liability

IN NO EVENT SHALL WE OR OUR SUBSIDIARIES OR ANY OF OUR OR OUR SUBSIDIARIES’ OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(F) ANY ERRORS OR OMISSIONS IN ANY CONTENT
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE INFRINGING, DEFAMATORY, SLANDEROUS, OFFENSIVE, DISCRIMINATORY, FRAUDULENT, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity

You agree to defend, indemnify, and hold harmless Us, and our subsidiaries, and the officers, directors, employees, and agents of Us and our subsidiaries, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark right, other intellectual property right, or privacy or publicity right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

12. Ability to Accept Terms of Use

You affirm, represent, and warrant that you are either more than 18 years old or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm, represent, and warrant that you are over the age of 13, as the Website is not directed or targeted to, or intended for use by, children under 13. If you are under 13 years of age, then please do not use the Website.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eagle without restriction.

14. General

You agree that: (i) the Website shall be deemed solely based in Ohio; and (ii) the Website shall be deemed a passive website that, except as set forth in Section 7(B) above, does not give rise to personal jurisdiction over Us, either specific or general, in jurisdictions other than Ohio. Construction and interpretation of these Terms of Use shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Except as set forth in Section 7(B) above, any claim or dispute between you and Us that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Summit County, Ohio. These Terms of Use, together with the Privacy Policy and any other legal notices published by Us on the Website, shall constitute the entire agreement between you and Us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use by Us shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time at our sole discretion and without notice, and it is your responsibility to review these Terms of Use for any changes. Your access to and use of the Website following any amendment to these Terms of Use will signify your assent to and acceptance of such revised terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.