A. General Terms
2. Terms of Sale All Sales from the Site are governed by Baldwin Richardson’s terms of sale listed in the Store Policy[http://brfoods.elsstore.com/view/policies/] and the Store FAQs[http://brfoods.elsstore.com/view/faqs/]. Please refer to our Store Policy and Store FAQs for the terms, conditions and policies applicable to your purchase of products from Baldwin Richardson. By ordering products through the Site, you agree to be bound by and accept the terms of sale set forth in our Store Policy and Store FAQs. The Store Policy and Store FAQs are subject to change without prior notice at any time, in Baldwin Richardson’s sole discretion, so you should review the Store Policy and Store FAQs each time you make a purchase.
4. Trademarks BALDWIN RICHARDSON FOODS, the Baldwin Richardson logos and any other product or service name or slogan contained in the Site are trademarks of Baldwin Richardson and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Baldwin Richardson or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Baldwin Richardson Foods” or any other name, trademark or product or service name of Baldwin Richardson without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Baldwin Richardson and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
5. Patents One or more patents apply to the Site and to the features and services accessible via the Site, including, without limitation, U.S. Patent Nos. 5932270; 6391376; 6506436; 7455870 and all corresponding foreign counterparts. Portions of the Site operate under license of U.S. Patent Nos. 5932270; 6391376; 6506436; and 7455870.
6. Hyperlinks You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Baldwin Richardson or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Baldwin Richardson logo or other proprietary graphic of Baldwin Richardson to link to this Site without the express written permission of Baldwin Richardson. Further, you may not use, frame or utilize framing techniques to enclose any Baldwin Richardson trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Baldwin Richardson’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Baldwin Richardson or any third party. Baldwin Richardson makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Baldwin Richardson and Baldwin Richardson is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Baldwin Richardson provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Baldwin Richardson of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Third Party Content Baldwin Richardson may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Baldwin Richardson does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Baldwin Richardson is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
8. Advertisements and Promotions; Third-Party Products and Services Baldwin Richardson may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Baldwin Richardson is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Baldwin Richardson advertisers or third party information on the Site.
9. Submissions You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, the Baldwin Richardson or Baldwin Richardson’s products or services that are provided by you in the form of email or other submissions to Baldwin Richardson are non-confidential and shall become the sole property of Baldwin Richardson. Baldwin Richardson shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Indemnification You agree to defend, indemnify and hold harmless Baldwin Richardson, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) any submissions you provide, (c) your violation of these Terms, or (d) your violation of the rights of any third party.
11. Disclaimer EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BALDWIN RICHARDSON, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BALDWIN RICHARDSON DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. BALDWIN RICHARDSON DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BALDWIN RICHARDSON IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE BALDWIN RICHARDSON ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, BALDWIN RICHARDSON CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. Baldwin Richardson reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Baldwin Richardson.
12. Limitation of Liability IN NO EVENT SHALL BALDWIN RICHARDSON, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM BALDWIN RICHARDSON, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BALDWIN RICHARDSON’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BALDWIN RICHARDSON, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BALDWIN RICHARDSON FOR ACCESS TO OR USE OF THE SITE.
16. Questions & Contact Information Questions or comments about the Site may be directed to Baldwin Richardson at the email address [email protected].