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Terms of Use

 

Welcome to Gardnerpie.com (the “Web Site”). Your use of this Web Site is subject to these Terms of Use and our separate Privacy Policy. You should carefully read these Terms of Use and the Privacy Policy before using this Web Site. By using this Web Site, you agree to be bound by and accept these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, do not use this Web Site for any purpose or means.

Property of the Company

This Web Site is the sole property of Gardner Pie Company (the “Company”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Terms of Use. You hereby assume all risks associated with the use of this Web Site and, except as provided in these Terms of Use, should not rely upon any content or materials on this Web Site for any reason whatsoever.

Labels

The Company does not offer products for sale on the Web Site. However, the Web Site may provide labels for the Company’s products that are available for download and printing by you if you have purchased the Company’s products separately. Each label provides accurate information, including ingredients, for the designated product as delivered by the Company. If you download, print or otherwise uses such labels, you shall be solely responsible for the proper placement of labels and the modification of any label due to changes to the products made by you or your employees or agents. The Company assumes no liability for the placement of any labels on products or any necessary modifications to labels due to changes to the products. You acknowledge and agree that inaccurate or improper use of such labels may cause significant health and safety risks to the consumer. Accordingly, you agree to indemnify and hold harmless the Company from any and all claims, causes of action, liabilities or damages resulting from its inaccurate or improper use of labels on the Company’s products.

Trademark

This Web Site contains materials, such as names, terms, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of the Company or other third parties. Except as provided in these Terms of Use, you are not authorized to use any trademark, service mark or trade dress on this Web Site in any manner whatsoever. Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another web site as a part of a link to this Web Site without the express written permission of the Company, is strictly prohibited.

Copyright

The content and materials provided on this Web Site are subject to the ownership rights of the Company or are authorized to be used by the Company. The Web Site contains artwork, logos, photographs and other original works that are owned solely by the Company. The Company hereby authorizes you to make a copy of such content solely for use with the sale of the Company’s products. You must retain all copyright and other proprietary notices on any copy of such artwork, logos, photographs and other content and material. Any other use of the content or materials on this Web Site is strictly prohibited. Except as provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or materials from this Web Site. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.

Links

This Web Site may contain links to other web sites not owned, controlled or maintained by the Company. These links are provided solely for your convenience and to allow you to access other web sites containing materials reasonably related to those of the Company. The Company does not have control over and is in no manner responsible for any content or materials on the linked web sites or the availability of these linked web sites. The inclusion of any link to another web site does not imply any endorsement, association or affiliation by the Company of the linked web site or any products, services or other materials provided on the linked web site. The Company prohibits any other web site from providing a link to this Web Site, including, but not limited to, the use of the Company’s trademark to indicate any such link, without the express written consent of the Company.

Employment

The Company may provide employment information or opportunities on the Web Site. The Company is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. The inclusion of any employment information or opportunity on this Web Site does not create any employment relationship, express or implied, between you and the Company.

Submissions

Any remarks, suggestions, ideas or information or materials communicated to the Company through this Web Site will be considered non-confidential. By providing such information or materials to the Company, you hereby grant the Company a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials and to authorize other third parties to use such information or materials. Any information or materials not provided by you with this authorization may not be submitted to the Company through this Web Site. Children under the age of 13 are not permitted to submit any information to this Web Site, including, but not limited to, any personally identifiable information.

No information or materials submitted to this Web Site may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; and (f) any advertisements or solicitations for business.

Except as provided in these Terms of Use, the Company shall not be liable for any information or materials posted to this Web Site and does not represent or warrant that such information or materials are truthful, accurate or reliable. Any reliance on the information or material posted to this Web Site will be at your own risk. The Company reserves the right to expel any user of this Web Site, remove any information or materials and prohibit any further access to this Web Site for violating the law, these Terms of Use or any other reason in the Company’s sole discretion.

Disclaimer

THIS WEB SITE AND ALL CONTENT AND OTHER MATERIALS HEREIN, INCLUDING, WITHOUT LIMITATION, ANY LABELS FOR THE COMPANY’S PRODUCTS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEB SITE. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER DAMAGES RESULTING TO YOUR COMPUTER OR FROM BUSINESS INTERRUPTION RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE.

Indemnity

By using this Web Site, you agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that arise from your use or misuse of this Web Site or breach of these Terms of Use. The Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Modifications and Revisions

The Company may, in its sole discretion, modify or revise these Terms of Use and our Privacy Policy at any time. Any changes or revisions to these Terms of Use or our Privacy Policy will be posted on the Web Site. Accordingly, you should visit this Web Site periodically to review these Terms of Use and our Privacy Policy.

General Provisions

The use of this Web Site and these Terms of Use shall be governed by the laws of the State of Ohio, without regard to conflict of law provisions. The sole jurisdiction for any legal proceedings arising out of your use of this Web Site or any provision in the Terms of Use or the Privacy Policy shall be in the federal, state and local courts in the city of Akron, Summit County, Ohio. Any waiver by the Company of a breach of any provision of these Terms of Use shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms of Use. If any one or more of the provisions contained in these Terms of Use shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, these Terms of Use and any provision herein shall not be rendered null and void and shall not be affected or impaired. These Terms of Use contain the entire agreement between you and the Company with respect to the use of this Web Site and hereby supersedes all previous agreements with respect to the use of this Web Site. The Company may modify or amend these Terms of Use or the Privacy Policy at any time without notice to you or any third party. Your use of this Web Site shall not create any joint venture, partnership, agency relationship or employment relationship between you and the Company. Use of this Web Site is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms of Use.

Contact Us

If you have any questions or comments regarding the use of this Web Site, these Terms of Use or our Privacy Policy, you may contact the Company by mail at Gardner Pie Company, 191 Logan Parkway, Akron, Ohio 44319, attn.: Customer Service, by phone at 330-245-2030 or e-mail at customerservice@gardnerpie.com. The Company will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.