Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Select Brands, Inc. (“Select Brands”) operates this site to provide online access to information about Select Brands and the products, services and opportunities we provide (the “Service”). By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this site or to particular content or transactions are also posted in particular areas of the site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as “Agreement”.

Select Brands reserves the right to modify this Agreement at any time without prior notice. Your use of this site indicates your agreement and acceptance of these terms. If you do not accept these terms, do not use this site or download materials from this site.

USE OF THE SITE

You may use the Service and site, and the information and material, including, but not limited to, text, writings, software, images, video, graphics and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Select Brands products and services. The Content is derived in whole or in part from information and materials supplied by Select Brands and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Select Brands reserves complete title and full intellectual property rights in all Content. Any conduct by you that, in Select Brands’ opinion, restricts or inhibits any other user from using or enjoying the Site or Content will not be permitted.

COPYRIGHT

Select Brands owns the copyright in the overall selection, coordination, arrangement and enhancement of such Content, and owns the rights in, or license to use, the individual components of such Content.

Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. Content may be downloaded to a single computer for your personal, non-commercial, non-public use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Content and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content. Modification of the Content or use of the Content for any other purpose is a violation of Select Brands’ or such other sources' copyright, trademark and other proprietary rights and may violate other laws.

The use of any such Content on any other Web site or networked computer or environment is prohibited without Select Brands’ express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Content.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

LINKS TO OTHER WEB SITES

Select Brands makes no representation whatsoever regarding the content of any other web sites which you may access from this Site. When you access a non-Select Brands web site, it should be understood that these sites are independent from Select Brands and that Select Brands has no control over the content on third-party web sites. A link to a non-Select Brands web site does not mean that Select Brands endorses or accepts any responsibility for the content or use of such web site. If you leave the Select Brands site, you become subject to the terms and conditions with the affiliated third-party site.

DOWNLOADING FILES OR SOFTWARE

Select Brands cannot and does not guarantee or warrant that files or software available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any files or software available for download via the Site is the copyrighted work of Select Brands and/or its licensors. Use of such files or software is governed by the terms of the end user license agreement that accompanies or is included with the files or software. Downloading, installing, and/or using any such files or software indicates your acceptance of the terms of the end user license agreement.

LINKING TO SITE

Anyone linking to the Select Brands Site must comply with Select Brands’ guidelines for linking to the Select Brands Site and all applicable laws.

THIRD PARTY CONTENT

Any opinions, statements, services, offers or other information or content expressed or made available in the Site or any other site by any third party, are those of the respective author(s) or distributor(s) and not necessarily of Select Brands.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Select Brands may without notification, update, change, move or delete portions of, or add to, the Site. Your continued use of the Site following any changes shall be considered acceptance of those changes.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SELECT BRANDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SELECT BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELECT BRANDS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR INFORMATION CONTAINED ON THIS SITE. SELECT BRANDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT OR MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS A USER OF THIS SITE AND THE RELATED CONTENT, YOU (AND NOT SELECT BRANDS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SELECT BRANDS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED CONTENT, MATERIALS, FILES OR SOFTWARE, EVEN IF SELECT BRANDS OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SELECT BRANDS’ TOTAL LIABILITY TO YOU FROM ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO SELECT BRANDS, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

As a Select Brands Site customer, you are responsible for maintaining the confidentiality of your customer identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your customer identification and password.

IDEA AND INFORMATION SUBMISSION

Should any user of this Site respond to Select Brands with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the Content of any item, such information shall be deemed to be non-confidential and Select Brands shall have no obligation of any kind with respect to such information. In addition, Select Brands shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Select Brands shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by the appropriate Privacy Policy.

In consideration of Select Brands’ continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Select Brands without any compensation. You agree to execute any and all documents that Select Brands may reasonably request in connection with confirming Select Brands’ ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make, as well as any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You agree that no comments submitted by you, or material uploaded, to the Site will:

i.violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;

ii.contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation or disclosure of the trade secrets of any third party; and

iii.disparage the products or services of any third party.

You agree not to submit any personal information (other than basic contact information) through email sent to other users or messages posted on this site by you.

GOVERNING LAW

These Terms shall be governed by the laws of the State of Kansas, without giving effect to any principles of conflicts of law. If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Agreement.

INDEMNIFICATION

As a User on this Site, you understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Select Brand, its subsidiaries, affiliated companies, any joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

TERMINATION

This Agreement is effective unless and until terminated by either you or Select Brands. You may terminate this Agreement at any time by no longer using the Site, provided that all prior uses of this web site shall be governed by this Agreement. Select Brands may terminate this Agreement at any time and without notice, and accordingly deny you access to the site, in Select Brands’ sole discretion for any reason, including failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Select Brands, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Select Brands respects the privacy rights of our online guests and we are committed to bringing you a secure online environment. The following information outlines how we collect, store and use the information you provide to us online.

THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FOR ANY ALLEGED BREACH OF THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. Any dispute or claim relating in any way to these terms of use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims so qualify. The Federal Arbitration Act and federal arbitration law will apply to any arbitration conducted in connection with these terms and conditions, and any such arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any arbitration or other dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Select Brands, Inc. agree, to the fullest extent permitted by law, to waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-conveniens, and you agree to give up any right to a jury trial in any such arbitration or other dispute resolution proceeding.