Terms and Conditions
Last Modified: October 1, 2015
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.
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.
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.
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
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).
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
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.
BINDING ARBITRATION AND CLASS ACTION WAIVER
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.
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:
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.
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.