Terms of Use

Last Updated: February 20th, 2014

Introduction

Welcome to our website, which is owned and operated by Jim Fannin Brands, Inc. (“we” or “us” or “JFB”). When you use our website, you are agreeing to be bound by these terms and conditions of use by our Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree with the Terms and Conditions, please do not use this website.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE.

By accessing and/or using this website, you accept, without limitation or qualification, these Terms and Conditions. We reserve the right to change these Terms and Conditions from time to time at our sole discretion by posting the changes made to these Terms and Conditions, as revised, on this website. Such changes will be effective immediately upon posting to the website. Your use of this website following the posting of such changes or revised Terms and Conditions shall constitute your acceptance of any such changes. If you do not agree to these Terms and Conditions, our Privacy Policy or any other policy governing your access to or use of our website you should immediately terminate your access to and use of the website. If you have any question regarding these terms or your access to or use of this website, please contact Customer Service at askjim@jimfannin.com.

These Terms and Conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with JFB for products, services or otherwise.

In the event of any violation of these Terms and Conditions, we and our business partners reserve the right to seek all remedies available by law and in equity for such violations. These Terms and Conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.

JFB reserves all legal rights and remedies available to it and these Terms and Conditions shall in no way be deemed a limitation or waiver of any other rights JFB or its representatives may have. Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

Registration

You may be asked to register on or through our website to participate in or receive various services offered by JFB. The availability of these services may vary, and, in the future, we may add other services that may be accessed through our website. While your use of our website is subject to these Terms and Conditions, other services offered by JFB may be subject to additional terms and conditions. JFB reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish.

When you register, you will select a user name and password. You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all activities that occur under your user name and password, whether or not authorized by you. You agree to immediately notify JFB of any unauthorized use of your user name and password. You further agree not to adopt an inappropriate user name of any kind.

All information provided in creating an account must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information. JFB may, for any reason in its sole discretion, terminate or suspend your account. By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your online profile information to keep it accurate and current.

When you register, and in order to access some services and/or features on or through our website, such as when you request to contact us or when you subscribe to an email newsletter, you may be required to provide us with Personal Information, such as your name, email address, mailing address, phone number and the like. Any Personal Information provided by you or gathered by JFB or third parties during any visit to our website will be subject to the terms of our Privacy Policy.

By registering on our website, you agree to provide accurate and current information about yourself as prompted by the registration pages and to maintain and promptly update your information to keep it accurate and current.

Intended Audience

OUR WEBSITE IS NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE. JFB understands that protecting the privacy of young children is important. For that reason, we never collect Personal Information (as defined in our Privacy Policy through our website from users we actually know are under 13 years of age, and no part of our website is designed to attract users under 13 years of age. No Personal Information should be submitted through our website by users under 13 years of age. If a user under 13 years of age submits Personal Information to our website, we delete such Personal Information as soon as we discover it was provided by a user under the age of 13 and we do not use it for any purpose. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

Intellectual Property

Unless otherwise indicated, all material on this site is copyrighted © 2014, Jim Fannin Brands, LLC. All rights reserved. The materials contained in this website may not be reproduced in any form, or by any means, without the express written permission of JFB, except as expressly provided in these Terms and Conditions. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of JFB.

JFB neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with JFB. Images of people or places displayed on the website are either the property of, or used with permission by, JFB. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the website are registered and unregistered Trademarks of JFB and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of JFB. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that JFB will aggressively enforce its intellectual property rights to the fullest extent of the law.

Privacy of User Information

Please see our Privacy Policyfor information regarding the collection of personal information from this website. Despite any representations concerning privacy, JFB reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

Availability of Products and Services

The information provided at this website is published throughout the world. JFB manages this website from its facilities in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available outside of the United States or Canada. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.

Links to Third Party Sites

This website may contain links to third party sites. Such linked sites are not under the control of JFB and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user’s own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by JFB such third party sites or any goods or services offered by such third parties.

Linking To Our Website

You may not link to our website without our prior written consent.

Third Party Advertising On Our Website

Unless otherwise explicitly stated, JFB does not endorse or guarantee any third party products or services advertised on our website or any third parties sponsoring parts of our website. Your dealings with advertisers or other third parties found on or through our website are solely the responsibility of you and the third party. These dealings include without limitation your participation in promotions, the payment for and delivery of products and services, if any, and any terms, conditions, warranties or representations associated with such dealings. You agree that JFB will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on our website.

Software

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software.

User Content

JFB is pleased to hear from its customers; however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Anything you disclose or offer to us by or through this website, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, (“Communications”), whether through e-mails to JFB postings on interactive portions of this website or other submissions you may make to us, shall be deemed and shall remain the property of JFB.

If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. JFB are free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE JFB from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications.

By uploading or otherwise providing any Communications to this website or JFB, you hereby grant JFB, to the extent you retain any rights, a worldwide, unlimited, perpetual non-exclusive license and right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded Communications have been waived.

Copyright Policy And Digital Millennium Copyright Act (DMCA) Procedures

JFB reserves the right to terminate the right to use our website by any user who infringes the copyrights of another.

If you believe that any material has been posted via our website by a user in a way that constitutes copyright infringement, and you would like to bring this material to JFB’s attention, you must provide JFB’s DMCA Agent with the following information (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work, (ii) an identification of the copyrighted work and the location on our website of the allegedly infringing work, (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law, (iv) your name and contact information, including telephone number and e-mail address, and (v) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for JFB’s DMCA Agent for notice of claims of copyright infringement is: Jim Fannin Brands, Inc. Attn: Copyright Agent, [17W220 22nd St, Oakbrook Terrace, IL 60181; dmca@jimfannin.com.].

Uploaded Content

You may not upload, post, reproduce or distribute in any way material protected by copyright, trademark, trade secret or other proprietary right or which would violate any right of publicity, right of privacy or other right of any third party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the express permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens. We reserve the right to obtain verification of any permission required prior to our use of such images.

Interactive Areas and Code of Acceptable Conduct

JFB does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct: You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content. You will not upload viruses or harmful components. You will not use the website to further any illegal purpose or to violate the rights of any party. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services. JFB will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

JFB respects the intellectual property of others, and we ask our users to do the same. JFB may, in appropriate circumstances and at its discretion, terminate the accounts of registered users who infringe the intellectual property rights of others.

Content Review

JFB may elect to electronically monitor areas of this website and may disclose any content, records or electronic communication of any kind to satisfy any law, regulation or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of JFB, its independent contractors, service providers, consultants, sponsors, licensors or the public. JFB retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, JFB or the rights of any third party, or to violate any applicable law.

Disclaimers

JFB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEBSITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THIS WEBSITE OR JFB COMPUTER SYSTEMS.

YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD JFB HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THE PAGES ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. USE OF THE WEBSITE IS AT THE SOLE RISK OF THE USER.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

JFB DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR REASONS BEYOND OUR REASONABLE CONTROL.

JFB DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.

Limitation of Liability

NEITHER JFB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THE WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OF DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF JFB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF JFB (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO JFB FOR YOUR ACCESS TO OR USE OF THE WEBSITE WITHIN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

Indemnity

You agree to compensate, indemnify, defend, and hold harmless us, our officers, directors, employees, agents, business partners, affiliates, distributors, licensors, and licensees for, from and against all claims, losses, expenses, damages, costs, or demands, resulting from any claim, action, investigation, demand, or proceeding arising in connection with your use of our website and any violation of these Terms and Conditions.

Liability

If you cause a technical disruption of our website or any aspect of its functionality you agree to be responsible for any and all loss, cost, liability or expense we may suffer and you will be liable for any attorneys’ fees and costs; the same shall be without limitation of our other venders in law or equity.

Choice of Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law.

Arbitration

We will make every reasonable effort to resolve any disagreements that you have with JFB. If those efforts fail, by using our website you agree that any claim, dispute, or controversy you may have against JFB arising out of, relating to, or connected in any way with these Terms and Conditions or our website, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). you agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and JFB; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or JFB’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, JFB will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor JFB shall be entitled to arbitrate their dispute. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen.

Severability

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

Waiver/Invalidity

Our failure to insist upon strict performance of any provisions hereof shall not be deemed a waiver of our right and remedies. If any provision of these Terms and Conditions is deemed by a court to be unenforceable, the remainder shall stay in effect.

Headings

The section headings used in these Terms and Conditions are for convenience of reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived therefrom.

Notice for California Users

Under California Civil Code Section 1789.3, users of this website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Questions and Comments

We welcome your questions or comments about these Terms and Conditions. Please contact JFB at askjim@jimfannin.com.