Terms and Conditions

By accessing and browsing the Landes Foods website (including, without limitation, the mobile website), collectively the “Platform,” you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (the “Terms”) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of Texas law.

Landes Foods may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Landes Foods will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. Upon the termination of this agreement, you shall cease all use of the Platform. You further agree that Landes Foods will not be liable for any modification or suspension of the Platform.

Acceptance of Terms. Landes Foods provides you with access to, and use of, the Platform subject to all applicable laws and regulations and these Terms. If you do not accept each of the terms and conditions contained in these Terms without limitation, please do not use or download the Platform. These Terms supersede any other agreements you may have with Landes Foods regarding this subject matter.

Grant of License. The Platform, including the software (including, without limitation, software, code, files, images, contained in or generated by the software, accompanying data, Boot ROM code and other embedded software), Platform updates, documentation and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Landes Foods subject to these Terms. Neither title nor any intellectual property rights are transferred to you, but rather remain with Landes Foods, who owns full and complete title, and Landes Foods reserves all rights not expressly granted to you. The rights granted herein are non-transferable, and are limited to Landes Foods's intellectual property rights in the Platform and do not include any other patents or intellectual property rights. These Terms do not grant you any rights to use Landes Foods proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Platform. These Terms do not entitle you to receive and does not obligate Landes Foods to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Platform.

This Platform is operated on behalf of Landes Foods for your personal information, education, and communication. Please feel free to browse the Platform. You may download material on the Platform only for personal, non-commercial use, and you must retain all copyright and other proprietary notices contained in the materials. Notwithstanding the foregoing, you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, re-post, create derivative works from, transfer, sell or otherwise use the Content (as defined below) of the Platform, including the text, images, audio, or video, for any purposes, without Landes Foods's prior written permission.

Change of Terms. Landes Foods may at any time revise these Terms by updating this posting and may also make changes to the content, links or functionality of the Platform at any time. You are bound by any revisions and should therefore periodically visit this page to review the Terms to which you are bound.

Comments and Questions. For general product and promotions inquiries, please contact Landes Foods Consumer Relations:

•Online:http://landesfoods.com/contact-us

Intellectual Property Ownership. The content or other materials on the Platform including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by Landes Foods and its licensors with all rights reserved. Assume that everything you see or read on the Platform is protected by copyright and owned by Landes Foods unless otherwise noted, and may not be used except as expressly provided in these Terms without Landes Foods's prior written permission. Landes Foods does not warrant or represent that your use of Content displayed on the Platform will not infringe the rights of third parties not owned by or affiliated with Landes Foods.

No Unauthorized Use of Images. Images of people or places displayed on the Platform are either the property of, or used with permission by, Landes Foods. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Platform are registered and unregistered Trademarks used by Landes Foods, or other third parties. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Platform without the written permission of Landes Foods or such third party that may own the Trademarks displayed on the Platform. Your use of the Trademarks or any other content on the Platform is strictly prohibited, except as specifically authorized in these Terms. You are advised that Landes Foods will aggressively enforce its intellectual property rights to the fullest extent of the law, including, when appropriate in its discretion, the seeking of criminal prosecution.

Representations, Disclaimer of Warranties, and Limitations of Liability. Landes Foods uses reasonable efforts to include accurate and up to date information in the Platform; however, Landes Foods makes no warranties or representations as to its accuracy. Landes Foods assumes no liability or responsibility for any errors or omissions in the content of the Platform. Landes Foods makes no representations about the reliability of the features of this Platform, the Content, User Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such materials or systems will be at your own risk.

Your use of the Platform is at your own risk. Neither Landes Foods nor any other party involved in creating, producing, or delivering the Platform is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Platform. Without limiting the foregoing, everything on the Platform is provided to you "AS IS" AND “AS AVAILABLE,” 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. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LANDES FOODS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, NOR SHALL LANDES FOODS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND LANDES FOODS'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL LANDES FOODS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, EVEN IF LANDES FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. For the avoidance of doubt, Landes Foods also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Platform or your downloading of any materials, data, text, images, video, or audio from the Platform.

BY ACCESSING THIS PLATFORM, REGISTERING WITH THIS PLATFORM AND/OR ACCEPTING ANY INFORMATION FROM THIS PLATFORM YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LANDES FOODS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE PLATFORM OR THE CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE PLATFORM; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; OR (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN LANDES FOODS'S DEFENSE OF ANY CLAIM. LANDES FOODS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF LANDES FOODS.

No Unsolicited Ideas. Please do not submit unsolicited ideas or suggestions to the Platform. Any communication or material you transmit to the Platform by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Subject to Landes Foods's privacy policy applicable to the Platform, anything you transmit or post may be used by Landes Foods or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Landes Foods is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Platform for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Links. Landes Foods has not reviewed all of the sites that may be linked to the Platform and is not responsible for the content of any off-site pages. Such links are provided for your convenience only, and are not express or implied warranties, endorsements or approvals by Landes Foods of any products, services, advice or information available from such sites. Viewing all other sites is at your own risk.

Assignment. Landes Foods may assign this agreement, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of the Platform. To the extent that you allow a third party to use your device, you shall remain solely responsible for the use of the Platform by others using the device.

General Information. Both you and Landes Foods acknowledge and agree that no partnership is formed and neither of you nor Landes Foods has the power or the authority to obligate or bind the other.

By using the Platform, you agree that the statutes and laws of the United States and the State of New York without regard to conflicts of laws principles, will apply to all matters relating to use of the Platform, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts for New York, New York, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims and causes of action arising out of or connected with the Platform and/or this agreement, will be resolved individually, without resort to any form of class action.

On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information. Please read our Landes Foods Privacy Policy at http://www.landesfoods.com/privacy for more information about our information collection and use practices.

The failure of Landes Foods to comply with these Terms because of a catastrophic incident, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Landes Foods, shall not be deemed a breach of these Terms. If Landes Foods fails to act with respect to your breach or anyone else's breach on any occasion, Landes Foods is not waiving its right to act with respect to future or similar breaches.

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

These Terms constitute a binding agreement between you and Landes Foods, and are accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and Landes Foods regarding the use of the Platform. By using the Platform, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

All ™ and ® are trademarks of their respective owners. © Landes Foods, 2014.