Website Terms & Conditions
Last Modified: April 19, 2016
1. Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others.
All material on the Website and any material sent to you by e-mail or any other form from the Website (the "content"), or in any way relating to the Website, belongs to Bahlsen North America (“Bahlsen” or “us”). You may retrieve and display content from the Website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone.
We own the copyright and all other intellectual property rights associated with the content except where otherwise stated.
You may not do any of the following without prior written permission from us:
In accessing and interacting with us through the Website, you agree not to:
We retain the absolute right to prevent you from accessing the Website, without prejudice to any of our accrued rights, where we consider in our sole discretion that you are contravening our Acceptable Use Policy or any other term or condition of these Terms and Conditions.
2. E-mail Policy
We reserve the right to take such action as we in our sole discretion deem fit in respect of any e-mail or other communication which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.
3. Disclaimer of Warranties
USE OF THE WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON OR PROVIDED THROUGH OR BY BAHLSEN VIA THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS.
BAHLSEN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BAHLSEN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE OR INFORMATION RETRIEVED FROM IT. BAHLSEN ASSUMES NO RESPONSIBILITY FOR COMPLETENESS, ERRORS, OR OMISSIONS IN THE INFORMATION, PRODUCTS, OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
YOU UNDERSTAND THAT BAHLSEN CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE BAHLSEN WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. BAHLSEN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. Limitation of Liability
IN NO EVENT SHALL BAHLSEN BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE WEBSITE. BAHLSEN SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
If you are not satisfied with the Website, your sole and exclusive remedy is to terminate your use of the Website.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Website and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.
Bahlsen reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Bahlsen’s defense of such matter.
6. Advertising and Sponsorship
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with applicable laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.
7. E-commerce with Third Parties
Your dealings with any third parties, in particular advertisers and/or merchants, via the Website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to above in relation to such dealings.
We may terminate the provision of the Website or restrict your access to it without any prior notice to you where (by way of example and without limitation):
9. Additional Services
From time to time we may provide services through the Website, however, the download time may vary considerably between the types of content, and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
10. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Delaware applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree that Morris County, New Jersey shall be the sole and exclusive venue for any legal action or proceeding between Bahlsen and you for any purpose concerning these Terms and Conditions or the Website. You agree to waive any jurisdictional, venue, or inconvenient forum objections to venue in Morris County, New Jersey. Any cause of action or claim you may have with respect to these Terms and Conditions or the Website must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable.
11. Agreement to Arbitrate
These Terms and Conditions provide that all disputes between you and Bahlsen will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
12. Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND BAHLSEN ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND BAHLSEN AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS AND CONDITIONS IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND BAHLSEN BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If Bahlsen does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.
The provisions of these Terms and Conditions titled “Acceptable Use Policy,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “E-commerce with Third Parties,” “Choice of Law and Jurisdiction,” “Agreement to Arbitrate,” “Waiver of Jury Trial and Class Actions,” and “General” shall survive the termination of the Terms and Conditions.
16. Changes to these Terms and Conditions
If you use the Website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the Website.
If you have any queries concerning any part of these Terms and Conditions please contact us by e-mail at BNAInfo@bahlsen.com or at the following address:
Attn: Customer Service
Bahlsen North America Inc.
100 Eagle Rock Avenue Suite 200
East Hanover, NJ 07936