Terms and Conditions
Last Modified: February 28, 2023
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
No Class Arbitrations, Class Actions or Representative Actions.
WE EACH AGREE THAT ANY DISPUTE SHALL BE CONDUCTED AND RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. NEITHER YOU NOR MCKEE FOODS AGREE THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION WHETHER INSIDE OR OUTISDE OF ARBITRATION, ON BEHALF OF ANY OTHER PERSON OR PERSONS.
Federal Arbitration Act
The arbitrator, McKee Foods, and you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
For any Dispute that you have against McKee Foods, you agree to first contact McKee Foods and attempt to resolve the Dispute informally by delivering a written notice (“Notice”) to McKee Foods by certified mail at [10260 McKee Road , Collegedale, TN 37315 , Attn: Vice President and General Counsel] . The Notice must (a) include your name, address of residence, email address and/or telephone number associated with your account in the Site; (b) set out the nature of the Dispute; and (c) set out the specific relief requested. If you and McKee Foods cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received by McKee Foods, then either party has the right, as appropriate in accordance with the terms herein, to commence an arbitration proceeding or file a claim with the appropriate small claims court. You and McKee Foods agree that any Dispute must be commenced or filed within one year after such Dispute arose; otherwise, the Dispute is permanently barred.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, McKee Foods will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or [US $5,000], whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees incurred, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. [[If the arbitrator [finds the arbitration was frivolous or brought for an improper purpose / issues you an award that is less than the value of our last written settlement offer made before an arbitrator was selected], then you will pay McKee Foods’ attorney’s fees incurred, and reimburse any expenses (including expert witness fees and costs) that we or our attorney reasonably accrued for investigating, preparing and pursuing your claim in arbitration.]
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.
Right to Opt Out
You may opt out of this agreement to arbitrate. If you do so, neither you nor McKee Foods can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use in connection with the Site (if applicable), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to: [10260 McKee Road , Collegedale, TN 37315 , Attn: Vice President and General Counsel .
Severability. If a court or arbitrator decides that any of this section's limitations cannot be enforced as to a particular claim for relief or request for a remedy, then that claim or request for a remedy (and only that claim or request) must be severed from the arbitration and may be brought in court. In the event that the prohibition on class arbitration or other limitation is deemed invalid or unenforceable, then the remaining portions of this Section Binding Arbitration and Class Action Waiver will remain in force.
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.