Company’s Control Over Websites
Company has the right, but not the obligation, to monitor the use of the Websites and their content.
Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will take effect immediately upon being posted to the Websites, and Your continued use of the Websites constitutes Your acceptance thereof.
Company may change, suspend or discontinue any aspect of the Websites at any time. Company may also impose limits on certain features and services or restrict your access to parts or the entire Websites without notice or liability.
Intellectual Property Rights
The Websites are protected by copyright under United States copyright laws. The Neilly’s Foods trademark, logo, slogans, and other distinctive designs are owned by Company, are protected by applicable law, and may not be copied or used without Company’s prior written consent. All materials contained within the Websites (the “Content”) are protected by copyright and are owned or controlled by Company and or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Websites.
You may download, make copies of, or otherwise reproduce the Content and other downloadable items displayed on the Websites for personal, noncommercial use only, provided that You maintain all copyright and other notices contained in such Content. Copying, otherwise reproducing, or storing of any Content for other than Your personal, noncommercial use is expressly prohibited without the prior written consent of the Company.
You represent that You shall not upload, post or transmit to or distribute or otherwise publish through the Websites any materials which: are unlawful, violate or infringe the rights of third parties, or contain any viruses, worms, or other components that are intended to cause damage or expropriate any system, data or personal information.
You further promise not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. You may not link to the Websites in any manner that would bypass the Websites’ home page. You may not “frame” the Websites or any portion thereof.
You acknowledge that transmissions to and from the Websites may be read or intercepted by third parties.
You acknowledge that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Websites and that Company shall not be held responsible or liable for any third party site.
Disclaimer of Warranty
THE INFORMATION PROVIDED WITHIN THE WEBSITES IS PROVIDED “AS IS”. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THE WEBSITES OR ANY THIRD PARTY WEBSITES TO WHICH THEY LINK AND IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE CONTENT. COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED; REGARDING ANYTHING CONTAINED WITHIN THE WEBSITES OR ANY THIRD PARTY WEBSITES TO WHICH THEY LINK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITES, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITES EXCEED TEN DOLLARS.
You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from Your violation of the terms of this Agreement.
Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to email@example.com (in the case of Company) or to the e-mail address You provided to Company during Your use of either of the Websites, or such other address as either party may specify. Notice shall be deemed given 72 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.
Termination. The Company may, with or without cause, immediately terminate this Agreement, and deny You
access to the Websites. Without limiting the foregoing, Company has the right to immediately terminate Your right to access the Websites in the event that You breach this Agreement or engage in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, You will no longer be authorized to access the Websites. In the event of termination, the restrictions imposed on You with respect to material downloaded, copied or otherwise reproduced from the Websites, the disclaimers and limitations of liabilities and the indemnification set forth in this Agreement, shall survive.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in the federal or state courts for the State of Pennsylvania
This Agreement constitutes the entire understanding between Company and You with respect to Your use of the Websites. You may not assign this Agreement. If any provision this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision