Agreement between user and Pinnacle Foods Group LLC
The Pinnacle Foods Group LLC website is comprised of various web pages owned and operated by Pinnacle Foods Group LLC. The Pinnacle Foods Group LLC website is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein. Your use of the Pinnacle Foods Group LLC website constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these terms, conditions, and notices, then do not use this website.
Pinnacle Foods Group LLC reserves the right to change the terms, conditions, and notices under which the Pinnacle Foods Group LLC website is offered, including but not limited to the charges associated with the use of the Pinnacle Foods Group LLC website.
Links to third party sites
The Pinnacle Foods Group LLC website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pinnacle Foods Group LLC and Pinnacle Foods Group LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pinnacle Foods Group LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pinnacle Foods Group LLC of the site, its operator, or any products or services provided by it.
No unlawful or prohibited use
As a condition of your use of the Pinnacle Foods Group LLC website, you warrant to Pinnacle Foods Group LLC that you will not use the Pinnacle Foods Group LLC website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pinnacle Foods Group LLC website in any manner which could damage, disable, overburden, or impair the Pinnacle Foods Group LLC website or interfere with any other party’s use and enjoyment of the Pinnacle Foods Group LLC website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pinnacle Foods Group LLC websites.
Pinnacle Foods Group LLC owns or uses with permission all content on this website, including, without limitation, brand names, slogans, characters, trademarks, service marks, logos, artwork, images, wallpaper, icons, graphics, information, text, data, documents, comments, postings, submissions, recipes, coupons, video and audio clips, software and code, photographs, music, and sound (“Content”), as well as the selection and arrangement of the Content, and all rights, title, and interest therein. You are granted a limited, non-exclusive, non-sublicensable, revocable right to access and use this website, download Content from this website for your own personal use, and make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only; provided that you may not change any copyright, trademark, or other intellectual property notices that may accompany the Content. Except for Submissions (described below) that you may own, you may not otherwise copy, reproduce, alter, archive, distribute, publish, post, transmit, modify, adapt, translate, display, sell, license, prepare derivative works based upon, or otherwise use or exploit the Content. You may not use bots, data mining technology, or any other technique intended to extract data or information from the website. Your unauthorized use of the Content may violate copyright, trademark, patent, privacy, and other U.S. and/or international laws, and may infringe upon the rights of Pinnacle Foods Group LLC, as well as third parties not owned by or affiliated with Pinnacle Foods Group LLC. Such unauthorized use may result in your personal liability, including potential criminal liability.
Use of communication services
The Pinnacle Foods Group LLC website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group and to submit comments, reviews, stories, recipes, suggestions, ideas, photographs, concepts, plans techniques, or other materials (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Post or submit personal information about others without their express permission.
- Violate any applicable laws or regulations.
- Violate any specific additional limits or requirements of posting at any of our web sites.
Pinnacle Foods Group LLC has no obligation to monitor the Communication Services. However, Pinnacle Foods Group LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pinnacle Foods Group LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pinnacle Foods Group LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pinnacle Foods Group LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pinnacle Foods Group LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pinnacle Foods Group LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to additional posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Pinnacle Foods Group LLC or posted at any Pinnacle Foods Group LLC website
Except in some cases where the posting, uploading, inputting or submitting of Content on or through this website is contingent on your transferring and assigning all rights to such Content to Pinnacle Foods Group LLC, Pinnacle Foods Group LLC does not claim exclusive ownership of the Content you provide to Pinnacle Foods Group LLC (including feedback and suggestions) or post, upload, input or submit to this website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pinnacle Foods Group LLC, its affiliated companies and necessary sublicensees, and each of their employees a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, assignable, and sublicensable license to use your Submission in connection with the operation of Pinnacle Foods Group LLC businesses, for any commercial or non-commercial purpose, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and prepare derivative works based upon your Submission; and to publish your name and biographical information in connection with your Submission.
No compensation whatsoever will be paid with respect to the use of your Submission, as provided herein. Pinnacle Foods Group LLC is under no obligation to post or use any Submission you may provide or to maintain the confidentiality of any Submission, and Pinnacle Foods Group LLC may remove any Submission at any time in Pinnacle Foods Group LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
This website may contain Content owned by third parties, including but not limited to promotional and business partners, licensors, licensees, sponsors and advertisers. The use of the names or trademarks of such third parties and any references to their products or services on this website does not constitute an endorsement by Pinnacle Foods Group LLP of such third parties or their products or services.
You shall indemnify, defend and hold harmless Pinnacle Foods Group LLC and its DIRECTORS, officers, employees, and AGENTS from AND AGAINST any AND ALL claims, actions, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or relating to your use of this Site OR ANY CONTENT, YOUR VIOLATION OF THESE TERMS, your use of any communication services, or your uploading, submitting, or posting of any submissions. We reserve the right to terminate your access to this website at any time, without notice, for any reason whatsoever. YOU AGREE THAT Pinnacle Foods Group LLC, IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY A VISITOR TO THIS SITE OR FOR ANY CONDUCT OF ANY VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
THE CONTENT, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT. Pinnacle Foods Group LLC AND/OR ITS AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE EXTENT PERMITTED BY LAW, Pinnacle Foods Group LLC AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT, PRODUCTS, OR SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, THAT INFORMATION WILL ALWAYS BE AVAILABLE OR UPDATED, OR THAT THE WEBSITE OR THE SERVERS, HARDWARE, OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pinnacle Foods Group LLC AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination / access restriction
Pinnacle Foods Group LLC reserves the right, in its sole discretion, to terminate your access to this website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey, U.S.A. in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pinnacle Foods Group LLC as a result of this agreement or use of this website. Pinnacle Foods Group LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pinnacle Foods Group LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Pinnacle Foods Group LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pinnacle Foods Group LLC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pinnacle Foods Group LLC with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Notices and procedure for making claims of copyright infringement
Pursuant to Section 512(c) of the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), Pinnacle Foods Group LLC provides the following procedure for you to notify us if you believe that any material on this website infringes on your copyright rights. Your notification must include all of the following information:
- a legend or subject line “DMCA Copyright Infringement Notice;”
- a description of the copyrighted work that you believe has been infringed;
- the URL of the site and a description of where the allegedly infringing material is located on that site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and your electronic or physical signature.
Pinnacle Foods Group LLC reserves the right, in its sole discretion, to either respond or decline to respond to DMCA notices that do not comply with any of these requirements.
You may send DMCA notices by mail, e-mail, or facsimile:
If by mail to:
- DMCA Agent Pinnacle Foods Group LLC
- 1 Old Bloomfield Road
- Mountain Lakes, NJ 07046
If by e-Mail to:
If by fax to:
DMCA Agent (973) 541-6693
Updated: October 7, 2010