(Effective Date: June 1, 2009)
Acceptance of Terms
The Sargento Idea Center website, (the "Website") and all of its content and services, is owned and/or operated by Sargento Foods, Inc. ("Sargento"). Your use of this Website is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Terms of Use Agreement (the "Agreement"). Additional terms and conditions may govern your use of the Website including the Sargento Privacy Policy.
Sargento Idea Center Products and Services
The Sargento Idea Center and Website is designed to enable Sargento customers to create unique and customized food products. Customers acknowledge and agree that the customer does not obtain any proprietary right(s), including any copyright, trademark, trade secret, patent, or otherwise to any combination of ingredients, entrees, meals, or food products, of any type, created using the Website. When submitting product creations to Sargento, you are doing so on a non-confidential, non-proprietary basis. Sargento shall be entitled to use such creations in any manner, in its sole discretion, without restriction, including but not limited to offering the products for sale under the Sargento brand, through other third parties. If you have questions regarding this provision, we encourage you to contact your Sargento representative prior to use the Website.
Unsolicited Ideas
Sargento welcomes feedback, questions and comments about its products, services and this Website. As a general policy, Sargento does not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Website by e-mail or otherwise are and shall remain the sole and exclusive property of Sargento and may be used by Sargento for any purpose whatsoever, commercial or otherwise, without compensation to you.
Intellectual Property and Usage Restrictions
The arrangement and compilation of all content on this Website are the exclusive property of Sargento and are protected by U.S. and international copyright laws. All software used on this site is the property of Sargento or its software suppliers and is protected by United States and international copyright laws. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of Sargento. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. Sargento will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Purchases
Submission of a product concept using the Website does not obligate Sargento to actually produce, supply or deliver that product to you. Any products developed and subsequently purchased or sourced from Sargento will be made pursuant to a separate supply agreement. Once you submit a product to Sargento through the Website, a Sargento representative will contact you to discuss the manufacture, supply and distribution of that product.
Product Descriptions
Sargento attempts to describe the products offered on the site as accurately as possible. However, Sargento does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, Sargento shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Sargento shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sargento shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Disclosure and Use of Your Communications
Except for custom products created and submitted to Sargento using the Sargento Idea Center Website, any personal or business information provided to Sargento by you, or collected by Sargento through the use of the Website will be maintained in accordance with Sargento's Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by Sargento or its affiliates or service providers. Sargento is not responsible for inaccurate, false or incomplete information.
Jurisdiction
The services and information on this site are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the state of Wisconsin. All disputes arising from your use of this Website or under this Agreement shall be resolved in a court located in Wisconsin, without reference to conflict of laws or choice of laws statutes.
Governing Language
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
Limited Warranty and Disclaimer of Warranties
The Website and its content are made available to users AS IS without any warranty of any kind. Sargento makes no representations, guarantees, or warranties regarding the accuracy, reliability, availability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content of this Website. Sargento, to the greatest extent permissible by law, disclaims any and all warranties, express or implied. Further, Sargento does not warrant or represent that this site or the server that makes it available is error-free or that the site will be uninterrupted or free of defects, including, without limitation, computer viruses, worms, bugs, timebombs, or any other similar problems and/or defects.
Limitation of Liability
Sargento shall not be liable for damages of any kind including, without limitation, compensatory, special, incidental, exemplary, lost profits, loss of revenue, and/or consequential damages arising out of your access to or inability to access this WEBsite, or your use of or reliance upon this site or the content hereof. In addition, Sargento has no duty to update this site, or the content thereof, and Sargento shall not be liable for any failure to update such information. Further, Sargento is neither responsible nor liable for your use of other Web sites that you may access via links within this site. Those links and other resources referenced on this site are provided merely as a service to users, and inclusion in Sargento's site does not constitute an endorsement by OR affiliation with Sargento.
Indemnification
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, Sargento and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
Reservation of Rights
Sargento, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by Sargento relating to the subject matter herein.
Modifications to Service
Sargento reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. Sargento is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.