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Legal Notices
Nancy’s Specialty Foods (“Nancy’s”) is pleased to provide the information on the nancys.com website (the “Site”) as a service to the general public. We hope that you will find the information informative and useful, and we would be delighted to speak with you to answer any questions you may have about our company. Please feel free to e-mail us with your thoughts about our website or to request more information about our company and our affiliates. Your use of the Site is subject to the following terms and conditions. Additionally, whenever you use any specified service available on the Site (for example, a feedback form), you will be subject to the rules, terms, conditions and guidelines that apply to such service.
Before using the Site or any of the services available on the Site, please read all of the following terms and conditions carefully. By accessing the Site, you agree to be legally bound and to abide by these terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. We reserve the right to update or change the terms and conditions, at our sole discretion. Please check these terms and conditions periodically for any changes.
Rules of User Conduct
Any communication or material you transmit to Nancy’s or through this site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as non-confidential and non-proprietary. Any Submissions you transmit or post become the property of Nancy’s and its affiliates and may be used and exploited for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other exploitation in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at Nancy’s election. Nancy’s is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. In that regard, by transmitting any Submission to Nancy’s, you will be deemed for all purposes to have assigned and transferred to Nancy’s all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personal rights in and to the Submission, and you acknowledge and agree that any act that is required to send a Submission will be deemed for all purposes to be your electronic signature to these terms and conditions.
Without limiting the generality of above, you agree to sign and deliver to Nancy’s on demand all further documents and assurances that Nancy’s may request in connection with the assignments, transfers, releases and waivers contemplated by this section.
Nancy’s is not responsible for any Submissions which may be posted in any forum or news group accessible or operated through or by this Site or which are otherwise transmitted through the Site, and Nancy’s will have the right (but not the obligation) to remove or block any content which it sees fit to remove for any reason. You are entirely responsible for all content you transmit via the Site. Under no circumstances will Nancy’s be liable in any way for any content you submit or transmit via the Site, including, but not limited to, any errors or omissions in any Submissions, or any loss or damage of any king incurred a result of any content posted, emailed or otherwise transmitted via the Site.
You agree not to submit, transmit or otherwise publish through this Site or through any available forums or news groups in connection with this Site anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without imitation copyrights and trademarks; (d) violates any law, rule or regulation; or (e) advocates or describes any illegal activity. Further, you agree not to (x) collect information about users of this Site, (y) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk-mail, spam, chain letters, pyramid schemes or any other form of solicitation; or (z) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Copyright Notice
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Nancy’s, its affiliates or its content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Nancy’s and is protected by U.S. and international copyright laws. All applications used on this Site are the property of Nancy’s and protected by U.S. and international copyright laws. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Nancy’s. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. In connection with your use of this Site, you agree not to sell, license, rent, distribute, copy, transmit, publicly display, adapt, edit or create derivative works from such materials or content. You may print or download one copy of these materials for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Additionally, use of the content or materials for any purpose not expressly permitted in these terms and conditions is prohibited. All content of the web Site is: Copyright © 2005 Nancy’s Specialty Foods or third party content providers and is protected by international copyright laws. All rights reserved.
Trademark Notice
All Nancy’s trademarks, service marks, graphics, and logos (the “Marks”) are the property of Nancy’s and you agree not to use the Marks without Nancy’s express written permission, including in any manner that disparages or discredits Nancy’s, its affiliates and partners.
Limitation of Liability
Under no circumstances shall Nancy’s, its subsidiaries or affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, this Site. This limitation applies whether the alleged liability is based on contact, tort, negligence, strict liability, or any other basis, even if Nancy’s has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Nancy’s liability in such jurisdictions shall be limited to the extent required by law.
You promise to indemnify and hold Nancy’s, its affiliates and its and their officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of the Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.
Your sole remedy for dissatisfaction with the Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using the Site, Site-related services or products, content, information or hyperlinked website.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NANCY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NANCY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Links to Third Party Sites
Nancy’s provides links to other web sites or resources. Because Nancy’s has no control over such sites and resources, you acknowledge and agree that Nancy’s is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Nancy’s 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 or reliance on any such content, goods or services available on or through any such site or resource.
PRIVACY POLICY
This privacy policy describes the privacy practices for Nancy’s and the Site. As part of our commitment to your privacy, we have written this policy to help you understand what information we gather about individuals who visit our Site, how we use that information after we've gathered it, and when and how we disclose that information.
Information We Collect
Nancy’s collects information about its users in a number of ways. The information we collect from you may be supplemented with information received from third parties. When you use a Nancy’s Site service such as a feedback form, you may be asked to enter your full name, full company name, full street address, phone number, email address, certain descriptive information about you and/or your company, a username and password of your choice. We may also ask you for personal information when you agree to fill out separate marketing surveys.
While you are using the Site, we may automatically track certain information about you through our web server logs, “web bugs” (code on certain web pages that tracks users’ browsing) and other information-gathering technologies. The information we may track may include but is not limited to the URL you just came from, the next URL you go to, the date and time of your visit, what browser you are using, and your IP address. We may also use cookies--pieces of information that web sites transfer to your computer's hard drive for record-keeping purposes--on the Site pages. We may set cookies so we can keep track of your most recent visit to our Site, identify the URL you're coming from when you purchase goods or services or use services on our Site, process the pages you look at while browsing the site, to track and customize advertising served to you and for other purposes. We may also offer certain features that are only available through the use of a cookie. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session.
If you choose to post messages in our chat rooms or message areas or leave feedback where applicable, we will collect that information about you as you choose to disclose it. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site we may collect such information as well.
If you use a service or purchase goods provided by a company through Nancy’s or its affiliates, that company may provide personal information about you and possibly the transaction back to Nancy’s. We do not control the privacy practices of these third parties, so you should evaluate their practices before deciding to use their services.
How We Use Your Information and What You Can Do About It
The information you provide to us is used for the purpose of customizing content to maximize the benefits of your visit to the Site. It is also analyzed so that we can serve you in the best manner possible on our Site through new features and functions and to provide you with useful information from Nancy’s, its affiliates and partners, and interested third parties.
We may use your e-mail address to send you promotional information from Nancy’s, its affiliates and partners, and interested third parties. At the time of your registration, we'll give you an opportunity to tell us whether you want to receive promotional information from Nancy’s and its affiliates or interested third parties. You can send a message to nsf@nancys.com if you want to stop receiving promotion-related e-mail and other promotion materials.
Nancy’s may use personally identifiable information collected from you in your registration and order forms, during promotions or surveys, and from our server log files, cookies, web bugs and other technologies to better understand the demographics, interests and behavior of our collective audience. We may also use your personal information to deliver advertisements and promotions that are targeted to your interests. We may share any and all individual information about you with advertisers and other interested third parties in the process to the extent allowed by law.
We may have to disclose information about you to law enforcement, other government officials or third parties in order to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
Security of Information
Unless encrypted, information sent or received over the Internet is insecure and Nancy’s cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. Nancy’s will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to Nancy’s through the Site.
How You Can Update, Correct or Delete Your Information
Just as you were able to indicate whether you wanted to receive promotional e-mail when you first provided us with your e-mail address, you can send a message to nsf@nancys.com to update, correct or delete personal information or, if you want to stop receiving promotion-related e-mail or update your e-mail address on our promotions mailing list.
Children Under 13
Children are not eligible to use our services. If you are under 13, you can use this service only in conjunction with your parents or guardians.
General
These terms and conditions are governed by the laws of the State of California, without respect to its conflict of laws principles, and you expressly agree that exclusive jurisdiction for any dispute with Nancy’s and its affiliates in any way relating to this site resides in the courts of the State of California. Should this policy be amended in any way, changes will be posted to this page. If you have any questions about this privacy policy, please contact us at nsf@nancys.com.
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