Terms & Conditions of Use
TERMS AND CONDITIONS OF USE
Last updated on May 6, 2020
- General Conditions and Restrictions.
This website (the “Site”) is the property of Upper Lakes Foods, Inc. (“ULF”), which has its primary business offices at 801 Industry Ave, Cloquet, MN 55720. By utilizing this Site, you are agreeing to the terms and conditions of use (the “Terms”) set forth hereinafter. If you do not accept these Terms, please leave this Site now and destroy all materials you obtained from the Site. ULF may modify these Terms at any time by positing the modified terms and conditions on the Site. Your continued use of the Site will be deemed your acceptance of the terms and conditions as modified.
You represent and warrant to ULF that: (a) you will abide by all laws, rules, and regulations relating to your use of this Site; (b) any information posted on this Site by you will not infringe on the intellectual property rights of any third party; (c) you will not use this Site to send solicitations, promotions, or advertisements; (d) you will not use this Site in any manner that could disable, overburden, or impair the ULF server, or that will interfere with the enjoyment of this Site by others; (e) you will not obtain or attempt to obtain any information not intentionally made available through this Site, including, but not limited to hacking, password mining, or other such activities; (f) you are 18 years of age or order; and (g) use of any payment information by you to buy the products and services on this Site is authorized.
Ordering products on this Site requires you to open an account. ULF will provide you with a limited, revocable, non-exclusive license to use the user ID provided to you by ULF and the password provided to you or that you select for your account. You are responsible for maintaining the confidentiality of any passwords and any activities that occur using your password on the Site. If unauthorized use of your account occurs, you agree to notify ULF immediately and cooperate with ULF’s investigation of said unauthorized use. You further agree that ULF will not be liable for losses you incur as a result of unauthorized uses of your account and that you can be liable for losses sustained by ULF due to unauthorized use of your account.
ULF may, in its sole discretion, terminate your password, account or access to this Site at any time, without or without cause, and remove and discard any Site content, for any reason. ULF may also discontinue providing this Site, or any part of it, with or without notice. You agree that ULF shall not be liable to you or any third party for any termination of your account or access to this Site. Notwithstanding any termination of your access to this Site, you will still be liable to ULF for the payment of any amounts due or other obligations incurred before termination, whether your use of this Site is terminated by you or ULF.
Submitting an order on the Site will be deemed an offer by you to purchase the products and services you selected and submitted. ULF may in its sole discretion accept or reject your order upon submission. If ULF accepts your order, ULF will charge you for the product and services on the date of delivery. If ULF rejects your order, ULF will not charge you for the products and services. ULF does not accept any returns or exchanges for the products or services purchased by you on the Site. If you receive a damaged product in your order, you may notify ULF by email at email@example.com and request a credit on your next purchase on the Site.
You agree that ULF is the owner of this Site and that you may not use any of the trademarks, content, or other intellectual property displayed on the Site, except as otherwise expressly provided in these Terms. You may download material from this Site for your personal use, but not for commercial use. Any commercial use of this Site is expressly prohibited. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, or in any way exploit any of the Site content without the written permission of ULF. You acknowledge that this Site and its content is protected by copyright and trademark laws, together with laws relating to privacy and publicity.
THIS SITE AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, ULF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, AND OTHER VIOLATIONS OF RIGHTS (ALL OF WHICH ARE DISCLAIMED). ULF (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY CONTENT IS ACCURATE OR CORRECT, OR THAT ANY DEFECTS WILL BE CORRECTED. ULF DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS SITE OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR ACCURACY, RELIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN THE NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ULF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND IN NO EVENT WILL THE TOTAL LIABILITY OF ULF UNDER THESE TERMS EXCEED THE AMOUNT PAID BY YOU FOR ANY PRODUCTS AND SERVICES PURCHASED FROM ULF IN THE APPLICABLE TRANSACTION. YOU MAY BRING NO CLAIM AGAINST ULF MORE THAN ONE YEAR AFTER THE ACTION ACCRUED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF ULF IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW THEREUNDER.
This Site contains links to other websites owned by entities which may or may not be associated with ULF. These links are for convenience only. ULF makes no representations concerning contents of linked websites and does not endorse products or services referenced therein. You acknowledge that ULF is not liable for any loss or damage in connection with such other websites. You may not create a link to this Site without express written permission from ULF.
You agree to indemnify and hold ULF, its officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, arising out of your use of this Site or your violation of these Terms. ULF reserves the right, at its own expense, to assume the exclusive defense and control of any material otherwise subject to indemnification by you.
You agree that the laws of the State of Minnesota will apply to all matters regarding the use of this Site. You further agree to submit to the exclusive personal jurisdiction of the Carlton County, Minnesota District Court with respect to such matters. If any provisions of these Terms are deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms. All provisions not affected by the invalidity shall remain in full force and effect. These Terms shall be binding upon and inure to the benefit of each party hereto and their respective successors and assigns. Any failure by ULF to enforce any of its rights under these Terms or under applicable law will not constitute a waiver of such rights. Any provisions of these Terms that require performance or have application to events following termination shall survive and remain in full force and effect. Headings are for reference purposes only and shall not affect the meaning or interpretation of any provision in these Terms.
© Upper Lakes Foods, Inc.