This website is owned and operated on behalf of Herr Foods Inc. (Herr’s). It is provided by Herr’s for education and information on our products and services and permit our customers to become familiar with our wonderful snack foods.
In use of this website, your use constitutes that you have read and accept the terms and conditions of use, including the Privacy Policy included herewith. If you do not agree with Herr’s Terms of Use, please immediately discontinue any and all use of this website. In your continued use of this website, you should check from time to time for updates on the Terms of Use Policy and Privacy Policy. Herr’s reserves the right to modify these Policies at any time.
You understand that Herr’s, in its sole discretion, may modify or discontinue this website, with or without notice, or may prevent your use of this website with or without notice to you. You agree that Herr’s will have no liability to you if this website is discontinued for any reason. You also agree that Herr’s will not be liable for any modification of this website.
Herr’s makes no representation that this website or its content is available for use outside the United States of America. Using this site from territories where it is illegal to do so is prohibited. Such is done at your own risk and you are responsible for compliance with all local laws.
Usage Restrictions
Without Herr’s express consent, you agree that you will not: (a) link to this website; (b) use any automated means to collect any information from the website, including without limitation robots, spiders or scripts; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages. Further, you agree not to attempt to: (a) derive the source or object code; (b) access the accounts of others or attempt to penetrate security measures; or (c) use this website for unauthorized or unsolicited advertising or junk email.
Acceptance of Terms
Herr’s provides access to and use of this website subject to all applicable laws and regulations and the terms and conditions set forth herein. If you do not accept each of the terms and conditions contained without limitation, please do not use or download this website.
In certain areas of the website, you may be given the ability to provide us with personally identifiable information. Please read Herr’s Privacy Policy for information on our collection and use practices. Herr’s reserves the right to use third-party service providers in connection with Herr’s programs and services. By accessing or using Herr’s programs and services you consent to Herr’s sharing your information with any such third party service providers as necessary to run and administer our programs and services.
Intellectual Property Ownership
The content of this website, including, without limitation, the text, images, information, trademarks, trade dress, data and other materials or elements found on this website (collectively the “Content”) is the property of Herr’s and its Licensors, and is protected by the copyrights, trademarks, trade dress, patents and/or other proprietary rights of Herr’s or its Licensors, with all rights reserved. The Content may not be used except as expressly permitted by this Terms of Use or by the express written consent of Herr’s. No right, title, license or interest in any downloaded content is transferred to you as a result of any such downloading or copying. Any unauthorized use, copying, alteration or display of the content found on this website is strictly prohibited. Herr’s does not warrant or represent that your use of the Content on the website will not infringe the rights of third parties. You are advised that Herr’s will aggressively enforce its intellectual property rights to the fullest extent of law.
Use of Images
Images of people or places displayed on this website are either the property of, or used with permission by Herr’s. The use of these images by you is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other laws and statutes.
Disclaimer of Warranties and Limitations of Damages
Herr’s uses reasonable efforts to be accurate and up to date with information on this website. Nevertheless, Herr’s makes no representations or warranties as to accuracy of the information. Herr’s makes no representations about the reliability of this website or the Content and disclaims all liability in the event of any mistakes herein or service failure. Herr’s has not reviewed sites that may be linked to this site and is not responsible for the content or information contained in any pages in off-site material. Viewing all other sites is at your own risk. The inclusion of any link does not imply endorsement by Herr’s.
Your use of this website is at your own risk. This website is provided on an “as is” and on an “as available” basis. To the fullest extent permissible by applicable law, Herr’s, its officers, directors, employees, agents, successors and assigns, disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, Herr’s disclaims any representation or warranty of any kind, express or implied: (i) as to the operation of this website, or the information, content, materials, services or products included on or available through the website; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability of any information, content, services or products on this website; and (iv) that the website, its servers or email on behalf of Herr’s, are free of viruses or other harmful components.
The user understands and acknowledges that the operation of this website may be interfered based on numerous factors outside the control of Herr’s.
Under no circumstances shall Herr’s be liable for any damages that result from the use of or inability to use this website, including but not limited to reliance by a user on any information obtained from this website or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation of transmission, or any failure of performance, whether or not resulting from communications failure, theft, destruction or unauthorized access to Herr’s programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through this website. Further, Herr’s shall not be liable for any indirect, incidental, special or consequential damages arising from the use of this website or the purchase of any product hereon, even if you advise Herr’s of the possibility of such damages.
Infringement Claims
Herr’s investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). Herr’s designated agent to receive notifications of claimed copyright infringement is:
By Mail: Copyright Compliance Officer/Marketing
Herr Foods Inc.
20 Herr Drive
P.O. Box 300
Nottingham, PA 19362
By Phone:610 998 2979
Your notice of claimed infringement must include the identification of the copyrighted work claimed to have been infringed, the material that is claimed to be infringing and that is to be removed from our website, as well as information reasonably sufficient to permit us to contact the copyright owner. You must also include a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or its agent, and a statement that you are authorized to act on behalf of the copyright owner. See 17 U.S.C. 512(c)(3) for the requirements of valid notice and the notifiers potential liability.
Purchases
When you purchase product through this website, you are asked for certain information, such as your name, address and credit card information. You may check Herr’s Privacy Policy on this website for further information on the collection and use of information by Herr’s. You are responsible for any use of this website by anyone using your credit card number or other identifier. If for any reason you suspect that your credit card or other identifying information has been compromised on this website, you should contact Herr’s immediately.
Submission of Information
To the extent that this website permits you to send email or submit information for promotions or otherwise submit content, including questions, requests, recipes, suggestions and ideas to Herr’s, you agree that by submitting such content, you grant Herr’s a perpetual, non-exclusive, irrevocable, royalty-free, worldwide assignable license to any rights you have in the content submitted. Your granted rights to Herr’s includes the rights to use, display, reproduce, distribute, modify and prepare derivative works based on such content. Herr’s shall have the right to treat any communication between you and Herr’s as non-confidential and non-proprietary. Herr’s shall be free to use any such submitted content that you provide to Herr’s for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, without compensation or remuneration to you. It is understood that you agree not to submit content that infringes on any third-party intellectual property rights, publicity, privacy, or other legal rights, or contains any viruses or other harmful elements. You also agree that Herr’s shall have no responsibility to monitor, review, edit or control any content or other information that you or others submit to the website.
Indemnification
You agree to defend, indemnify, release and hold harmless Herr’s, including but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Herr’s from all liabilities, claims, losses, expenses, and damages, including attorney’s fees and costs, arising out of or in connection with your use or misuse of this website or its content or breach of this Agreement. Herr’s reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with Herr’s in asserting any available defenses, and you shall not, in any event, settle any matter without the written consent of Herr’s.
Dispute Resolution
You and Herr’s agree to give up any rights to litigate claims in a court or before a jury to participate in a class action or representative action with respect to a claim. Other rights that you would have, if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Any claim or dispute between you and Herr’s and their respective officers, directors, employee, agents or contractors, arising from or relating to the website, will be resolved by binding arbitration before a sole arbitrator in Philadelphia, Pennsylvania administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as supplemented by AAA Supplementary Procedures for Consumer-Related Disputes.
Prior to initiating any arbitration, you must first present any claim or dispute to Herr’s by contacting Herr’s Customer Relations to allow for an opportunity to resolve the dispute. You or Herr’s may initiate arbitration if your claim or dispute cannot be resolved within 60 days.
All administrative fees and expenses of arbitration will be divided equally between you and Herr’s during the course of the arbitration. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
An arbitrator may not award damages aside from the prevailing party’s actual damages, and may not award punitive damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If one or more provisions of this arbitration clause is deemed to be illegal or unenforceable, the remainder of this arbitration clause shall be unaffected and shall continue to be fully valid, binding, and enforceable. However, if arbitration is found unavailable for any reason, legal action is taken relating to these Terms of Use, you agree to file such action either in the Court of Common Pleas of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigation and such action. All disputes will be governed by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal and you understand that you are waiving your rights to maintain other available resolution processes, such as a court action.
Miscellaneous
Herr’s may change the Terms of Use at any time, with or without notice. Herr’s will post the revised Terms on its website. As permitted by applicable law, any such changes will become effective at the time Herr’s posts the revised Terms.
If any provision of these Terms is decreed to be illegal or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. Failure of Herr’s to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance.
Herr’s may suspend or terminate any program, product or service or terminate or limited your access and use of this website at any time without notice or liability. Any obligation or liability you incur to Herr’s prior to such termination will survive the termination.
These Terms constitute a binding agreement between you and Herr’s, and are accepted by you upon use of the website. These Terms constitute the entire Agreement between you and Herr’s regarding use of the website. By using the website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
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