1. Your Acceptance
2. The Website
3. Use of the Website
A. You agree not to distribute in any medium any part of the Website.
B. You agree not to alter or modify any part of the Website.
C. You agree not to access any content through any technology or means other than through the tools provided on the Website itself or other explicitly authorized means that We may designate.
D. You agree not to use the Website for any commercial use. Prohibited commercial uses include any of the following:
E. You agree not to tamper with the Website in a manner that would in any way adversely
affect the Website's performance. You agree not to collect or harvest any personally
identifiable information from the Website, nor to use the communication systems provided
by the Website for any commercial purposes.
G. We reserve the right to discontinue any aspect of the Website at any time.
4. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Smucker, or its affiliates, subject to copyright, trademark, and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website and the Content.
C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content through the Website for any commercial purposes.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. Unsolicited Ideas; User Submissions
We always welcome consumer feedback and appreciate your interest in sharing your thoughts with Us. However, it is our policy not to accept or consider unsolicited ideas from outside our company, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Our research and technical staff continuously work to improve our products and methods and develop new products. The development process for new items may continue for several years before being introduced to our customers.
Should you submit an idea to Us, despite our policy, We will treat the information as non-confidential and non-proprietary and We will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
Without limiting the previous paragraph, all postings, remarks, suggestions, ideas, graphics, or other information that you communicate to Us through the Website (including but not limited to any message on bulleting boards, email, or other means) becomes and remains our property. Accordingly, you agree that (a) We will not treat any such submission as confidential, (b) You can not sue Us or initiate any action against Us for using the ideas you submit (including, but not limited to, product or advertising ideas) (c) We do not have to pay you or anyone else if We use your submission or anything similar, and (d) We will have exclusive ownership of all present and future rights to submissions of every kind, and that We can use them for any purpose, without compensating you or anyone else for them.
You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Us all of the rights granted herein.
We do not endorse any material you submit and We expressly disclaim any and all liability in connection therewith. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and We will remove all Content and submissions if properly notified that such Content or user submission infringes on another's intellectual property rights (see section 8, below). We reserve the right to remove Content and user submissions without prior notice.
6. Linked Sites
7. United States Only
The materials published in this site are intended to promote our products available in the United States. No representation is made or intended that products described in this site are available either outside the United States or in all parts of the United States. We reserve the right to add or delete products and to modify and/or reformulate products from time to time as We, in our absolute discretion, deem appropriate.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any user submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Smucker's designated Copyright Agent to receive notifications of claimed infringement is:
Adam Ekonomon, 1 Strawberry Lane, Orrville, Ohio 44667, email: Adam.Ekonomon@jmsmucker.com,
fax: 330-684-3026. You acknowledge that if you fail to comply with all of the requirements
of this Section 8, your DMCA notice may not be valid.
B. If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Smucker may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Smucker's sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, AND THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUBSIDIARIES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
10. Limitation of Liability
IN NO EVENT SHALL WE AND OUR SUBISIDIARIES OR ANY OF OUR OR OUR SIBSIDIARIES’ OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.