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Legal Policy
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By accessing and browsing any web site owned and/or operated by D&B Specialty Foods, Inc. (collectively the "Site"), you accept, without limitation or qualification, the Legal Policy set forth in the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.

 

Terms and Conditions

1. Acceptance of Terms of Use. D&B Specialty Foods, Inc. ("D&B Specialty Foods") provides you with access to, and use of, the Site subject to all applicable laws and regulations and this Legal Policy. By accessing and using the Site you accept each of the Terms and Conditions of this Legal Policy without limitation. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site. This Legal Policy supercedes any other agreements you may have with D&B Specialty Foods regarding this subject matter. The cookies D&B Specialty Foods uses do not contain any personally identifying information and cannot profile your system or collect information from your hard drive. And although you may receive cookies from many different sites, each cookie can only be read by the Web server that originally issued it. You are not even identified by name or e-mail address, just by a unique string of numbers that we assign the first time you come to our site. We use your IP address in two ways: to help diagnose problems with our server and to administer our web sites, and also to gather broad demographic information.

2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by D&B Specialty Foods, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by D&B Specialty Foods unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of D&B Specialty Foods.

All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of D&B Specialty Foods or its licensors unless otherwise stated herein. D&B Specialty Foods and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site. In its sole discretion, D&B Specialty Foods or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.

3. User Conduct. D&B Specialty Foods maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of D&B Specialty Foods, and that you do not download or use any images of people or places ("Images") displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of D&B Specialty Foods. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes. Additionally, you agree to not to engage in any of the following activities on the Site:

  • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
  • Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
  • Impersonate another user, person or entity, including any official or employee of D&B Specialty Foods;
  • Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
  • Use the Site to advertise or perform any commercial solicitation.

4. Privacy. Your use of the Site is also subject to the D&B Specialty Foods Privacy Policy. D&B Specialty Foods hereby incorporates the entirety of that Privacy Policy into this Legal Policy.

5. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of D&B Specialty Foods. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by D&B Specialty Foods of any products, services, advice or information available from such sites. D&B Specialty Foods does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release D&B Specialty Foods and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of D&B Specialty Foods. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in a D&B Specialty Foods Site or have moved to another third-party site.

EXCLUSION OF LIABILITY. NEITHER D&B Specialty Foods NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY D&B Specialty Foods SITE AND YOUR USE OF ANY D&B Specialty Foods SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY D&B Specialty Foods SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. D&B Specialty Foods DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY D&B Specialty Foods SITE.

D&B Specialty Foods IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, D&B Specialty Foods IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. D&B Specialty Foods' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.

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