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TERMS AND CONDITIONS OF USE

IMPORTANT - READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, BROWSING OR USING THIS WEB SITE (THIS “SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME, AND FROM TIME TO TIME. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

This Site contains information, data, photographs, graphics and other materials that are protected by laws governing copyrights, trademarks, trade secrets, and other proprietary rights (the “Site Contents”). The Site Contents may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, adapted, modified or used for the creation of derivative works without our prior written consent. The use of any of the Site Contents on any other Web site or networked computer environment is also prohibited.

Please note that any communication or material sent to us through this Site will be deemed NOT to be confidential. By transmitting or posting any communication or material to or through this Site, you grant us and any of our affiliates an unrestricted, irrevocable license to copy, reproduce, publish, upload, transmit, broadcast, post, distribute, publicly display, modify, create derivative works from, and otherwise freely use, those communications or materials. You also agree not to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law. Personally-identifiable information that you submit to us for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the link entitled “Privacy Policy” for information regarding our privacy policies.

NEITHER WE NOR OUR AFFILIATES NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, NOR ANY PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, WARRANT THAT THIS SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH THIS SITE. WE ASSUME NO RESPONSIBILITY (AND EXPRESSLY DISCLAIM RESPONSIBILITY) FOR UPDATING THIS SITE TO KEEP INFORMATION CURRENT OR TO ENSURE THE ACCURACY OR COMPLETENESS OF ANY POSTED INFORMATION. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL INFORMATION POSTED TO THIS SITE PRIOR TO MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS SITE. WE PROVIDE NO ASSURANCES THAT ANY REPORTED PROBLEMS WILL BE RESOLVED, EVEN IF WE ELECT TO PROVIDE INFORMATION WITH THE GOAL OF ADDRESSING SUCH PROBLEM.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. UNLESS OTHERWISE SPECIFICALLY AGREED BY US IN A SEPARATE AGREEMENT SIGNED BY US, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE, OUR AFFILIATES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ALL PERSONS INVOLVED IN CREATING, PRODUCING AND DISTRIBUTING THIS SITE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR OTHERWISE.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF THIS SITE.

IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ANY PERSON INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PART OF THE SITE CONTENTS, OR OF ANY WEB SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE.

This Site may contain links or references to non-Barber Foods/AdvancePierre Web sites. These Web sites are not under the control of any person or entity connected in any way with us. If you use these links, you will leave this Site and do so at your own risk. The use of any link does not imply endorsement of the related Web site. We make no representations, warranties, or other commitments about any non-Barber Foods/AdvancePierre Web sites or third-party resources that may be referenced, accessible from, or linked to this Site. In addition, we are not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Site. Accordingly, you acknowledge and agree that we are not responsible or liable for any content, services, products, or other materials on or available from such Web sites or resources.

These Terms and Conditions shall be governed by and interpreted pursuant to the laws of the State of Ohio, notwithstanding any principals of conflicts of law. All legal proceedings arising out of or in connection with this Site or arising out of its use shall be brought solely in Ohio and be governed by Ohio law, and you expressly consent to the jurisdiction of Ohio courts. You acknowledge that all rights not expressly granted are reserved by AdvancePierre.