Terms of Use 

Last Modified:  October 1, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use and the Privacy Policy contain important information about your use of this website (the “Site”). By using the Site, you signify your acceptance of these Terms of Use and the Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, please do not use this Site.

McKee Foods may revise these Terms of Use at any time without prior individual notice. Your continued use of this Site will mean that you accept those changes, and that you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

Use Restrictions

All content on this Site, such as text, graphics, images, photographs, illustrations, music, sounds, videos, trademarks, trade names, service marks, logos, data, software, scripts, tags, information, and other materials (“Contents”) are the intellectual property of McKee Foods, its affiliates or their licensors. Such Contents are protected by intellectual property laws under both United States and foreign laws and treaties. Title to the Contents remains with McKee Foods or their applicable owners.

Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, translated, compiled, or used to prepare derivative works in any form or by any means without the prior written permission of McKee Foods or its licensors. McKee Foods authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you retain all copyright and proprietary rights notices in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to McKee Foods and its licensors.

You may not, without McKee Foods’ written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. McKee Foods reserves the right, in its sole discretion, to terminate access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without notice.

User Submissions

The personal information you submit when you visit this Site is governed by the Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), McKee Foods does not claim ownership of any information or material a user provides to McKee Foods or posts, uploads, input, submits, or transmits to this Site (“Submission”).

You agree that you will not make any Submission that is, in whole or in part: libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; discriminatory with respect to gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) post a chain letter or pyramid scheme; (c) impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) transmit the same Submission more than once or engage in “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of McKee Foods, exposes McKee Foods or any of its affiliates, licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is nonconfidential, nonproprietary, and may be disseminated or used by McKee Foods. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—McKee Foods a royalty-free, perpetual, irrevocable, worldwide nonexclusive, transferable, sublicensable license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, publicly perform, and publicly display the Submission in any media, or any form, format, or forum now known or hereafter developed. You also waive all moral rights in and to the Submission in favor of McKee Foods. You represent and warrant that: (a) you own or otherwise control all the rights to the Submission; (b) the Submission’s content is accurate; (c) use of the Submission will not cause injury to any person or entity; and (d) you will indemnify McKee Foods for all claims resulting from the Submission. Notwithstanding the foregoing, McKee Foods is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submission. McKee Foods is not responsible for any content in Submissions or the consequences of any Submission. McKee Foods is not responsible for pre-screening, monitoring or editing Submissions. However, McKee Foods reserves the right to remove Submissions at any time. For example, if notified by a user of a Submission allegedly in violation of these Terms of Use, McKee Foods may investigate the allegation and determine in its sole discretion whether to remove such Submission and take other action deemed appropriate, including terminating a user’s access to any or all parts of the Site, or cancelling his/her account. McKee Foods also reserves the right to monitor, edit, disclose, or delete any Submission, regardless of whether such Submission violates these Terms of Use. McKee Foods will have no liability or responsibility to users for performance or nonperformance of such activities.

Submission of Ideas

McKee Foods’ policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to McKee Foods through this Site or otherwise shall be the property of McKee Foods and may be treated by McKee Foods as nonconfidential information. McKee Foods shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

Promotions

All offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

Purchase of Products

Some portions of the Site may make available certain products for purchase.  Any purchase of products from the Site is subject to the sales and shipping terms posted. Note that purchases may be processed and fulfilled by third-party vendors.

Dealings with Advertisers and Other Third Parties

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Site, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that McKee Foods shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

Links and External Materials

The Site or users of the Site may provide links to other websites or resources. You acknowledge and agree that McKee Foods does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that McKee shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials.

Modifications to the Site

McKee Foods reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any portion thereof) with or without notice. You agree that McKee Foods shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).

Indemnification

You agree to indemnify and hold McKee Foods, its agents, affiliates, parent and subsidiary companies, partners, licensors, contractors, unaffiliated third parties, and all of its and their respective officers, directors, owners and employees (collectively, “Releasees”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Site; (b) violation of the Terms of Use or any law or regulation; or (c) violation of any rights of another party.

DISCLAIMER OF WARRANTIES

The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. McKee Foods may make changes or improvements at any time.

THE CONTENTS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCKEE FOODS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCKEE FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCKEE FOODS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MCKEE FOODS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY

YOU AGREE TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS THAT RESULTS OR ARISES FROM ANY USE OR INABILITY TO USE THE SITE, ITS CONTENTS OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, OR THAT RESULTS OR ARISES FROM ANY ACT OR OMISSION BY THE RELEASEES IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.  IN NO EVENT SHALL THE RELEASEES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE OR CONTENTS EXCEED THE GREATER OF US$50 OR THE AMOUNT (IF ANY) PAID DIRECTLY BY YOU TO MCKEE FOODS FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF YOUR CLAIM.

Your Account

If you maintain an account on this Site, you are responsible for maintaining the confidentiality of the account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Governing Law

The Terms of Use shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Tennessee, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms of Use.

BINDING ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS OF USE, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the Hamilton County, Tennessee or the city within the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE SITE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE (SOUTHERN DIVISION) OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN HAMILTON COUNTY, TENNESSEE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

Notwithstanding anything to the contrary, you and McKee Foods may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting McKee Foods (address identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the Submission that you believe to be infringing and its location. Please describe the Submission and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
  • Your name, address, telephone number, and (if available) email address.
  • A statement that you have a good faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this Site is as follows:

McKee Foods
10260 McKee Road
Collegedale, TN 37315
Attn: Vice President and General Counsel

Phone: 423/238-7111, Ext. 22257
Email: [email protected]

In an effort to protect the rights of copyright owners, McKee Foods maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

General

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of McKee Foods on this Site, these Terms of Use, and Privacy Policy, constitute the entire agreement between you and McKee Foods with respect to the access to and use of the Site and Contents.  The Terms of Use supersedes all prior or contemporaneous oral or written negotiations and agreements between you and McKee with respect to such subject matter. The failure of McKee Foods to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms of Use.

McKee Foods makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents by certain persons in certain countries may not be legal. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Any provision that, by its terms, is intended to survive the expiration or termination of the Terms of Use shall survive such expiration or termination for any reason whatsoever including, but not limited to, Binding Arbitration and Class Action Waiver, Disclaimer of Warranties, Limitation of Liability , Indemnification, General, Use Restrictions, User Submissions, Submission of Ideas, Governing Law, Dealings with Advertisers and Other Third Parties, Links and External Materials and Modifications to the Site.



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