NO WARRANTY/LIMITATION ON LIABILITY
WEBER’S strives to ensure that the information contained in this web site is accurate and reliable. However, WEBER’S and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, WEBER’S makes no representations about the reliability of the features of this Site, the WEBER’S Content (defined below), Submitted Content (defined below), or any other Site feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. WEBER’S is not responsible for the information, data, text or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of WEBER’S, and WEBER’S does not endorse and has no control over Submitted Content. Submitted Content is not necessarily reviewed by WEBER’S prior to posting and WEBER’S makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. WEBER’S makes no representations regarding the amount of time that any WEBER’S Content or Submitted Content will be preserved.
WEBER’S disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site, including without limitation the merchantability or fitness for any particular purpose. WEBER’S is not liable or responsible for any damages or injuries caused by use of this web site (such as viruses, omissions or misstatements). THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WEBER’S BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WEBER’S BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND WEBER’S’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. In no event shall WEBER’S’s total liability for all damages, losses, and causes of action exceed five dollars (US $5.00). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
COMMUNICATING WITH WEBER’S
These areas are designed to give our users the ability to contact us with questions or concerns, to engage in dialogue with us and other Site users, or to take advantage of other features we may provide from time to time. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Site you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. It is WEBER’S’ policy not to accept, and to return, any unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or other similar materials. Nevertheless, should you submit such materials, you understand that you have no ownership rights in any ideas you may submit, and you expressly disclaim any rights or causes of action you may have with respect to any materials you may submit.
This web site contains many valuable trademarks owned and used by WEBER’S. These trademarks are used to distinguish WEBER’S’ quality products and services. The text, graphics and html code contained in this web site are the exclusive property of WEBER’S. (“WEBER’S Content”). WEBER’S Content is protected from reproduction and simulation under national and international laws and except where otherwise noted, is not to be copied, distributed, displayed, reproduced or transmitted in any form, by any means, without the prior express written permission of WEBER’S.
Third party content, such as user-posted content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by WEBER’S subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
On certain areas of our Site you may be able to submit text, files, images, photos, videos, sounds, musical works, works of authorship, and other materials and content (“Submitted Content”). You have no ownership rights in your account or other access to the Site or features therein, and WEBER’S may delete all Submitted Content at any time, with or without notice, if WEBER’S deems that you have violated these Terms, the law, or for any other reason. WEBER’S assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or for features therein.
By posting, displaying, publishing or otherwise submitting Submitted Content on or through this Site, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to WEBER’S may be used by WEBER’S anywhere, anytime, and for any reason whatsoever subject to following terms:
• You hereby grant to WEBER’S a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute Submitted Content. This license includes the right to host, index, cache, distribute, and tag any Submitted Content, as well as the right to sublicense Submitted Content to third parties, including other users, for use on other platforms, such as for use on mobile phones, in video or music software computer programs.
• You represent and warrant that you own the Submitted Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Submitted Content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content displayed, published or posted by you to the Site.
• You agree that your Submitted Content is gratuitous and made without restriction, and will not place WEBER’S under any obligation. You agree that WEBER’S is free to disclose the ideas contained in the Submission, including, for example, ingredient or menu item suggestions, on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Submission, WEBER’S does not waive any rights to use similar or related ideas previously known to WEBER’S, or developed by its employees, or obtained from sources other than you.
Your posting of Submitted Content is further subject to the following posting rules:
• You may not post any content that, as determined in WEBER’S’s sole discretion, is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate.
• You may not post any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of WEBER’S. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
• You may not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing website visitors to a location for more information about a product or service.
• You may not post any software, files or links to other sites, and you may not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You may not modify in any way any specifications, technology or application codes provided to you by WEBER’S or as embedded in the Submitted Content unless expressly authorized in writing by WEBER’S.
• You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of any account you have been permitted to create on this Site and for the confidentiality of your password.
WEBER’S does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact Copyright Agent, WEBER’S, 20230 Lorain Road Fairview Park, Ohio 44126; or by email to copyright “at” weberscustard.com .
WEB SITE ACCESS
2. In order to access some features of the Site, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WEBER’S immediately of any breach of security or unauthorized use of your account. Although WEBER’S will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WEBER’S or others due to such unauthorized use.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the WEBER’S servers in a given period of time than a human can reasonably produce in the same period by using a conventional online Web browser. Notwithstanding the foregoing, WEBER’S grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. WEBER’S reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submitted Content.
You agree to indemnify and hold WEBER’S, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorney’s fees, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of Submitted Content.
The WEBER’S web site may link to sites not maintained by or related to WEBER’S. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this web site or WEBER’S. WEBER’S has not reviewed the sites hyper-linked to or from this web site and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. WEBER’S makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to or from this web site. Furthermore, WEBER’S does not implicitly endorse third-party sites hyper-linked to or from this web site.
TEXT MESSAGING NOTICE
If you choose to participate in any WEBER’S promotion that may involve the use of text messaging (either sending or receiving), WEBER’S will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
These terms, constitute the entire agreement between you and WEBER’S and govern your use of the WEBER’S site ands supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and WEBER’S with respect to the WEBER’S site and services. Both you and WEBER’S acknowledge and agree that no partnership is formed and neither of you nor WEBER’S has the power or the authority to obligate or bind the other.
The failure of WEBER’S to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
Software that may be available in connection with this site is subject to United States export controls. No software may be downloaded from this site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The failure of WEBER’S to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of WEBER’S, shall not be deemed a breach of this Agreement. If WEBER’S fails to act with respect to your breach or anyone else’s breach on any occasion, WEBER’S is not waiving its right to act with respect to future or similar breaches.
The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement.