January 19, 2010
Copyright and Trademarks
Making Copyright Infringement Claims
Linking to the Website and Content
Links to Third-Party Sites
Website Security and Integrity
Disclaimer of Warranties
Limitation of Liability
COVERAGE OF THIS POLICY AND AGREEMENT
These terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
By accessing or using our Website, you agree to these terms and policies (collectively the "Policy and Agreement"), as we may modify them from time to time. If you do not accept and agree to comply with this Policy and Agreement, do not access or use our Website.
You may access and use our Website only for lawful purposes and consistent with our policies. Transmitting, distributing, or storing any material that violates any applicable law or our policies is prohibited.
The following is a non-exhaustive list of the kinds of conduct prohibited:
- Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
- Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Advertising: Using our Website to advertise or perform any commercial solicitation.
- Export Violations: Violating U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
- Illegal or Fraudulent Conduct: Violating or encouraging conduct that would be considered a violation of any local, state or federal law, either civil or criminal; offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes); impersonating another user, person or entity, including any official or employee of ACH Food.
- Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or information.
Any communication or material you transmit to ACH Food through this Website, by electronic mail or otherwise, including any data, questions, comments, ideas, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ACH Food for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ACH Food is free to use any ideas, concepts, know-how, techniques or other information contained in any communication you send us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. ACH Food will not compensate you in any way for any such information, nor will the information be returned to you. Any such submission constitutes your irrevocable assignment and transfer, without additional consideration, to ACH Food of all right, title and interest in all information included in the submission, including, but not limited to, all copyrights, trademarks or other intellectual property rights.
COPYRIGHT AND TRADEMARKS
The materials available through this Website are the property of ACH Food or its licensors, and are protected by copyright, trademark and other intellectual property laws. The trademarks and service marks that appear on this Website are the exclusive property of ACH Food or its licensors and no use or other rights are granted with respect to these trademarks without the express, written approval of ACH Food. Additionally, logos, trademarks and service marks of third parties may also appear on this Website, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/service mark owner. You may view, copy and print pages from the Website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; (2) as a personal shopping resource; (3) for communicating with ACH Food about a company product or service; or (4) for placing an order with ACH Food. You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of ACH Food.
MAKING COPYRIGHT INFRINGEMENT CLAIMS
ACH Food respects the rights of copyright holders. If you are a copyright holder or agent and believe your work’s copyright has been infringed, your notice of infringement must be provided to our Copyright Agent and include ALL of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) that you claim have been infringed and identification of the material in such work(s) that you claim to be infringing, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material (sufficient to enable us to locate it) that you claim is infringing and that you want us to remove or disable access to;
- Information reasonably sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material identified in your notice is not authorized by the copyright owner, its agent, or the law; and A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Copyright Agent for ACH Food may be reached as follows:
ACH FOOD COMPANIES, INC.
7171 Goodlett Farms Pkwy.
Cordova, TN 38016
- You may not hyperlink to our Website or use any trademark, logo or other proprietary graphic appearing on this Website or that is owned by or licensed to ACH Food to link to the Website (or for any other purpose) without our prior written approval;
- ACH Food does not approve of any deep linking;
- ACH Food does not approve of inline linking or framing. Do not import content from the Website or link to images on servers on which the Website is hosted for the purpose of placing the content or images on any other web pages or sites; and
- ACH Food does not approve of remote or hot linking.
HEALTH RELATED INFORMATION
Information accessible on this Website is for information only and any health related information that may be posted is not intended to be a substitute for professional medical advice. ACH Food does not endorse or warrant the validity of any such health related statements found on this Website or in any in third party sites referenced in the Website. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which ACH Food has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website and use of third-party websites is entirely at your own risk. ACH Food makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. ACH Food does not sponsor or endorse the operators of the sites or the content, products or services they provide, and ACH Food is not responsible or liable for the conduct of the sites’ operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.
WEBSITE SECURITY AND INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. ACH Food may, but is not obligated to, investigate any violation of our Website. ACH Food may cooperate with law enforcement where criminal or unauthorized activity is suspected. Examples of Website security violations include, without limitation:
- Hacking: Unauthorized access to or use of our Website, data, or systems, including any attempt to probe, scan or test for vulnerability or to breach security or authentication measures without our express prior authorization.
- Interception: Unauthorized monitoring of data or traffic on our Website or systems without our express prior authorization.
- Intentional Interference: Interference with the ability of anyone else to use our Website.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." ACH FOOD, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. FURTHERMORE, ACH FOOD DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER WEB SITE-ACCESSING PROGRAM. ACH FOOD DOES NOT GUARANTEE THAT ITS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ACH FOOD, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ACH FOOD, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES) EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ACH FOOD, ITS AGENTS, AND ITS LICENSORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS WEBSITE OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ACH FOOD, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend and hold harmless ACH Food from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website; (5) your use of our Website; or (6) any of your acts or omissions.
This Policy and Agreement is governed by and must be construed under the laws of the State of Tennessee, without regard to principles of conflicts of laws. By offering this Website and its contents, no solicitation is made by ACH Food to any person or entity to access and/or use this Website and its contents in jurisdictions where the provision of such Website and/or its contents is/are prohibited by law. If you elect to access, browse and/or use this Website and its contents from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws.
MODIFICATION AND TERMINATION
We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on this Website. You agree to the Policy and Agreement, including any modifications, by accessing or using our Website. We may also terminate your access to this Website at any time and for any reason, with or without notice.
Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. ACH Food may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.
QUESTIONS AND COMMENTS
We invite you to send in your questions or comments about our site, bring to our attention any material you believe to be inaccurate, or report any violations of this Policy. Please send your comments, including a copy of any material you wish to discuss, to ACHConsumeraffairs@achfood.com