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| Welcome to the Internet site
of Beech-Nut Nutrition Corporation (“Beech-Nut”). Please
read these Terms of Use carefully before using this site. By using
our site, you signify your agreement to our Terms of Use. If you
do not agree to these terms, do not use our site. Please be sure
to check this page periodically in the future, since we reserve
the right to change, add or delete portions of our terms. Your
continued use of this site after we post a change to these Terms
of Use will mean that you agree to abide by the change. |
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| Restrictions on Use
of Materials |
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All materials contained on this site are protected
by the United States copyright and trademark laws. All copyrights,
trademarks, service marks and trade dress are the property of
Beech-Nut or the parties designated on this site as the owners
of those rights.
The contents of this site are intended solely for your personal, noncommercial
use. Accordingly, no material from this site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any way other
than the downloading of one copy of the materials on a single computer
for your personal, noncommercial use.
As a condition of your use of Beech-Nut’s web site, you will not
use Beech-Nut’s web site for any purpose that is unlawful or prohibited
by the terms and conditions and notices. You may not use Beech-Nut’s
web site in any manner that could damage, disable, overburden or impair
Beech-Nut’s web site or interfere with any other party’s use
and enjoyment of any Beech-Nut’s web site. You may not attempt to
gain unauthorized access to any Beech-Nut’s web site, other accounts,
computer systems or networks connected to any Beech-Nut’s web site,
through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available through the Beech-Nut’s web site.
You agree to use Beech-Nut bulletin board services, chat areas and other
message communication services only to post, send and receive messages
and material that are proper and legal. By way of example and not limitation,
you agree you will not— |
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Use the Beech-Nut web site in connection with surveys,
contests, pyramid schemes, chain letters, junk e-mail, scamming
or any duplicative or unsolicited messages (commercial or otherwise). |
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Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others. |
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Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, obscene, indecent or unlawful topic, name,
material or information. |
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Publish, post, upload, distribute or disseminate any topic, name,
material or information that incites discrimination, hate or violence
toward one person or a group because of their belonging to a race,
a religion or a nation, or that insults the victims of crimes against
humanity by contesting the existence of those crimes. |
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Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same. |
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Use any material or information, including images or photographs,
which is made available through Beech-Nut’s web site in any
manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party. |
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Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another’s computer
or property of another. |
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Advertise or offer to sell or buy any goods or services for any
business purpose, unless Beech-Nut’s web site specifically
allows such messages. |
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Download any file posted by another user of Beech-Nut’s
web site that you know or should know cannot be legally distributed
in such manner. |
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Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded. |
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Restrict or inhibit any other user from using and enjoying Beech-Nut’s
web site. |
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Violate any code of conduct or other guidelines which may be
applicable for any particular Beech-Nut web site. |
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Harvest or otherwise collect information about others, including
e-mail addresses. |
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Violate any applicable laws or regulations. |
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Create a false identity for the purpose of misleading others. |
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Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory users of Beech-Nut’s
web site(s) or other user or usage information or any portion thereof. |
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If any service of Beech-Nut requires you to open
an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted
with the applicable registration form. You are entirely responsible
for maintaining the confidentiality of any passwords you might
create and your account. You agree to notify Beech-Nut immediately
of any unauthorized use of your account or any other breach of
security. Beech-Nut will not be liable for any loss that you may
incur as a result of someone else using your password or account,
either with or without your knowledge. You could be held liable
for losses incurred by Beech-Nut
or another party due to someone else using your account or password.
Beech-Nut has no obligation to monitor the Beech-Nut web site. However,
Beech-Nut reserves the right to review materials posted to a Beech-Nut
web site and to remove any materials in its sole discretion. Beech-Nut
reserves the right to terminate your access to any or all of Beech-Nut’s
web site at any time, without notice, for any reason whatsoever.
Beech-Nut reserves the right at all times to disclose any information as
Beech-Nut deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in Beech-Nut’s
sole discretion.
Furthermore, you cannot reproduce, modify, create derivative works from,
display, perform, publish, distribute, or circulate any of the material
on this site to any third party (including the display and distribution
of the material on a web site) without written permission from Beech-Nut
or the copyright holder identified in the copyright notice. Any unauthorized
or prohibited use of the material on this web site may subject you to civil
liability and criminal prosecution. |
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| Submissions |
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While we are pleased to hear from you, we do not
solicit or accept submissions of creative ideas or stories, suggestions,
original artwork, marketing concepts and the like (together, “Submissions”).
This is because we want to avoid the possibility of future misunderstandings
when projects and ideas created by our staff might seem to others
to be similar to their own creative work. Thus, please do not send
us unsolicited Submissions.
If despite this request, you do send us a Submission, please be advised
of the following: Under no circumstances will Beech-Nut be required to
treat any Submission as confidential. Furthermore, Beech-Nut will not be
liable for any use they make of any Submission in their business (including
products and creations); nor will they be liable as a result of any similarities
to any Submission that may appear in the future business of Beech-Nut.
Without limitation, Beech-Nut will be entitled to use the Submission for
any purpose whatsoever without compensation to you or any other person
involved in creating or sending the Submission. |
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| Forums and Postings |
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The public forums and other portions of this web
site provide users with the opportunity to submit, post and exchange
information, ideas, opinions, images and other materials (together, “Postings”).
If you participate in any Forum, chat area, message board, or e-mail
function offered on this web site, you must not (1) defame abuse
or harass others, (2) make any bigoted or racially offensive statements.
(3) advocate illegal activities. (4) post or distribute any material
that violates or infringes the rights of others, or (5) use the
site for commercial purposes of any kind.
We reserve the right to remove or edit Postings at any time and for any
reason.
By submitting a Posting, you automatically grant Beech-Nut a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use reproduce,
modify, adapt, publish, translate, and display such materials or incorporate
such materials into any form, medium or technology now known or later developed. |
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| Downloads |
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| If you choose to download any material from our site,
the following restrictions apply: |
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| (1) |
you must not use the materials in a manner that suggests any
association or approval or endorsement by Beech-Nut; |
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| (2) |
you may only use the materials for personal, noncommercial purposes: |
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| (3) |
you must not make any modifications to the materials; and |
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| (4) |
you must keep intact all copyright, trademark and other proprietary
notices. |
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| LIMITATION OF LIABILITY
DISCLAIMERS |
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| NEITHER BEECH-NUT NOR ANY OF ITS AFFILIATIES, NOR
ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT
ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR
INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE
OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS
INCLUDES, BUT IS NOT LIMITED TO: |
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DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; |
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DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM
SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL
DAMAGES); AND |
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OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTIAL,
SPECIAL OR PUNITIVE DAMAGES. |
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THIS EXECUTION WILL NOT COVER LIABILITY FOR DEATH
OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL
DUTIES.
BY USING THIS WEBSITE AND/OR POSTING MATERIAL, YOU AGREE TO INDEMNIFY BEECH-NUT,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND AFFILIATES
FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT
OF YOUR BREACH OF THE FOREGOING AGREEMENT. THE MATERIALS ON THIS SITE ARE
TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS OF A PARTICULAR
PURPOSE. BEECH-NUT MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS
AND VALIDITY OF ANY MATERIALS ON THIS WEBSITE AND DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS WILL BE CORRECTED. WHERE APPLICABLE LAW DOES NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY
TO YOU.
The material provided on this web site is for entertainment and promotional
purposes only. Information and opinions expressed in Bulletin Boards or
other Forums are not necessarily those of Beech-Nut. Neither Beech-Nut,
nor its officers, directors, employees, agent, distributors and affiliates
are responsible or liable for any loss damage (including, but not limited
to, actual, consequential, or punitive), liability, claim, or other injury
or cause related to or resulting from any information posted on this web
site. YOU AGREE THAT BEECH-NUT AND ITS WORLDWIDE AFFILIATIES ARE NOT RESPONSIBLE
OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT
OF ANY OTHER VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY. |
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| Coupons and Coupon
Codes |
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| Beech-Nut does not guarantee the accuracy or completeness
of the coupons, coupon codes, deals and information contained on
this site. Beech-Nut makes no warranties, express or implied, and
assumes no liability or responsibility for any errors or omissions
in the content. Many of the coupons and/or discount offers are
available by hypertext link which takes you to a third party operated
site. The third party operated site may be operated with proprietary
computer system designed specifically for distribution of coupons/discount
offers. The computer system may impose various restrictions, such
as a number of coupons that can be printed. The third party operated
site and restrictions therein are beyond the control of Beech-Nut
and Beech-Nut makes no representations about those sites; however,
failure to comply with the restrictions set forth in the third
party operated site may subject you to liability. |
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| Jurisdiction |
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This site is controlled and operated by Beech-Nut
with its headquarters in New York. Beech-Nut does not represent
or warrant that materials on this web site are appropriate or available
for use in other locations. If you choose to access this site from
other locations, you do so at your own risk and are responsible
for compliance with any and all local laws.
This agreement shall be governed by and construed in accordance with the
laws of the State of New York, as it is applied to agreements entered into
and performed within that State. Any action brought to enforce this agreement
or matters related to this site shall be brought only in the State or Federal
Courts located in Latham, New York. For the purpose of such legal action,
the parties (a) consent to the jurisdiction of the New York federal and
state courts, (b) waive personal service of process, and (c) consent to
service of process by overnight courier. If any provision of this agreement
is deemed void, unlawful or otherwise unenforceable for any reason, that
provision shall be severed from this agreement and the remaining provisions
of this agreement shall remain in force. This contains the entire agreement
between you and Beech-Nut and the agreement shall not be modified, except
in writing, signed by both parties.
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