WEB SITE TERMS AND CONDITIONS OF USE
By accessing this HB Specialty Foods’ web site (this “Site”), you are agree to be bound by these “Web Site Terms and Conditions of Use” (these “Terms”), as well as all applicable laws and regulations, including any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.
Content on this Site, including without limitation photographs, images, text, digitally downloadable files, trademarks, logos, products, slogans, and the compilation of the foregoing (the “Site Content”) is the property of HB Specialty Foods and is protected by U.S. and international trademark and copyright laws.
You agree not to download, display or use any Site Content in connection with non-HB Specialty Foods’ products or services, in any manner that is likely to cause confusion among consumers, or that dilutes or infringes upon HB Specialty Foods’ intellectual property.
You agree that you have no rights to the Site or the materials, content, and/or features contained therein.
3. Use of the Site/Content.
By accessing the Site, you agree: (a) not to use the Site or any content therein for any purpose that is unlawful, tortious, defamatory, obscene, or threatening; or (b) not to upload, reproduce, or distribute any content, information, or other material that is confidentially owned by a third party, unless you have the right to upload, reproduce, or distribute such information, or that infringes on the intellectual property rights of any third party.
In the event you upload, display, publish, or otherwise post any content on or through the Site, you hereby grant to HB Specialty Foods a non-exclusive, sub-licensable, royalty free license to use, modify, display, reproduce, and distribute such information in any and all media now known or hereinafter developed. The forgoing license includes the right to host, index, cache, distribute, and tag any licensed information. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein.
4. Disclaimer & Limitations.
HB Specialty Foods makes no representations or warranties, express or implied, about the content or features on the Site, and HB Specialty Foods hereby disclaims all liability it has or may have based upon your use or reliance on the content contained on the Site or use of the Site.
In no event shall HB Specialty Foods be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this Site, even if HB Specialty Foods or an HB Specialty Foods’ authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
THIS SITE, AND THE CONTENT HEREON, IS PROVIDED ON AN “AS IS” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HB SPECIALTY FOODS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL HB SPECIALTY FOODS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HB SPECIALTY FOODS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL HB SPECIALTY FOODS OR ITS REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF HB SPECIALTY FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Third Party Websites.
6. Revisions and Errata.
The materials appearing on this Site could include technical, typographical, or photographic errors. HB Specialty Foods does not warrant that any of the materials on this Site are accurate, complete, or current. HB Specialty Foods may make changes to the materials contained on its Site at any time without notice, but HB Specialty Foods does not make any commitment to update such materials.
HB Specialty Foods may revise these Terms at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms
Any claim or controversy relating to or arising from this Site or these Terms shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. Any and all such claims shall be settled by binding arbitration before an arbitrator located in Canyon County, Idaho, in accordance with the Idaho Arbitration Act. Any person bringing a claim against HB Specialty Foods relating to, arising from, or based upon this Site or these Terms irrevocably submits to jurisdiction in State and Federal Courts located in the State of Idaho.
This Site uses “cookies,” which are small files on a browser in a computer device that store non-personally identifiable information (such as general location based on internet protocol (IP) address or interactions with a site’s advertisements). Cookies do not collect any personally identifiable information. Cookies can make the Site more useful by using this non-personally identifiable information to personalize information for a Site visitor as well as to monitor how effective the Site’s advertisements are at inspiring a Site visitor to HB Specialty Foods. This Site may share non-personally identifiable information to monitor the effectiveness of marketing campaigns. Most web browsers automatically accept cookies but Site visitors can change the browser preference settings on a device to prevent such sharing.