This web site ("Site") is owned by The Jel Sert Company ("Jel Sert"), and your access to and use of the Site is subject to the terms set forth herein (the "Terms"). Jel Sert may revise these Terms at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current version of these Terms. By accessing and browsing the Site, you signify your acceptance of the most current version of these Terms. If you do not agree to these Terms, you should not use the Site.
Content on this Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks (including the Flavor Aid, Wyler’s, Wyler’s Light, Royal, My*T*Fine, Mondo, Fla•Vor•Ice, Pop-Ice, Frootee Ice and Otter*Pops, and the licensed brands including Hawaiian Punch, Tampico, Kool Pops, diet Snapple, Jelly Belly, Icee, Slush Puppie, Oreo, Chips Ahoy!, Kool Pops, Mr. Freeze, Dr. Pepper, 7-Up, A&W, Crush, Fruit Juicy Red, Lemon Berry Squeeze, Wild Purple Smash, Orange Ocean and Berry Blue Typhoon), logos, product or restaurant names, slogans, and any compilations of the foregoing is the property of Jel Sert or its licensors ("Site Content"), and is protected by United States and international copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the Site Content, whether in electronic or hard copy form, without the express prior written permission of Jel Sert.
Any unauthorized use of the Site Content may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Sites you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Sites. You agree not to display or use any Content or third party content located on the Sites in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Jel Sert and/or its licensors, that dilutes the strength of Jel Sert or its licensor’s property, or that otherwise infringes Jel Sert or its licensor’s intellectual property rights.
Any materials that you may purchase from this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Jel Sert Company disclaims all warranties, whether express or implied, with respect to such materials, including without limitation the implied warranties of merchantability and fitness for any particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Neither Jel Sert nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Some areas of our Site may allow you to purchase product. These areas may be operated on our behalf by third parties, and additional terms and conditions may apply to your purchase of our product. Please also note that quantities of merchandise available for sale from this site are limited, so merchandise may become sold out. If this shall occur, Jel Sert will promptly refund any payment, which it may have received for merchandise that it is unable to deliver on a timely basis, or shall otherwise comply with the terms applicable to any purchase you make on our Site.
We may provide hyperlinks to third-party web sites as a convenience to users of the Site. We do not control such third-party web sites and are not responsible for the contents their web sites. We do not endorse, recommend or approve any third-party web site hyperlinked from the Site. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlink.
From time to time, Jel Sert may ask that you transmit to the Site by electronic mail your feedback on Jel Sert’s products and/or services. Any communication or material you transmit or post will be treated as non-confidential and non-proprietary, will become the property of Jel Sert and Jel Sert shall exclusively now and hereinafter own all rights, title and interest therein, and as such, shall be used without restriction by Jel Sert or its licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. You understand and agree that Jel Sert shall be under no obligation to respond to any such communication you may send to Jel Sert.
Notwithstanding the foregoing, Jel Sert maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Idea Submissions”), and therefore, you should not make any Idea Submissions to Jel Sert in any communications through this Site or otherwise. Nonetheless, if you do send us an Idea Submission, despite our request not to do so, then such Idea Submission shall immediately become the property of Jel Sert and Jel Sert shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Jel Sert shall be free to use any Idea Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Jel Sert shall not be liable for such use or disclosure of such Idea Submission or for any similarities in the Idea Submission and any future Jel Sert uses or activities.
From time to time, Jel Sert may offer on the Site interactive features that allow you to provide us with content, which content may be viewable by yourself and third parties, and Jel Sert may allow you additional opportunities to interact with third parties. On any such areas that we offer on the Site, you agree that you will not (a) share or transfer your account with any other party, temporarily or permanently (and you understand that you bear sole responsibility for all use of your account and for the confidentiality of your password); (b) upload, provide or post anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing (including infringing on the third party intellectual property rights of others) pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate; (c) include 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; (d) impersonate any person or organization, including without limitation, the personnel of Jel Sert, nor misrepresent an affiliation with another person or organization; (e) include any content that contains business solicitation of any type, including advertising a product or service, offering a product ore service for sale, or directing readers to a location for more information about a product or service; or (f) include, upload or post any software, files or links to other sites, viruses, corrupted files, or any other similar software or programs that may adversely affect or undermine the operation of Jel Sert’s system or a third party’s computer.
Jel Sert may terminate your account or your access to the Site if we believe, using our sole discretion, that you have violated these Terms or any law. We reserve the right to monitor any and all messages, postings, or other content sent to the Site, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Terms, the law, or are otherwise inappropriate. Jel Sert does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site.
By using this Site, you understand and acknowledge that messages and postings are the sole responsibility of the author, and that Jel Sert is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other interactive feature (“User Submitted Content”). Opinions expressed in User Submitted Content do not necessarily reflect the opinions of Jel Sert. If you believe that someone has posted User Submitted Content in violation of these Terms, please email email@example.com. Jel Sert may, but typically will not, acknowledge receipt of your complaint. You agree that Jel Sert cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site. For more information on submitting complaints, please contact firstname.lastname@example.org.
Except as otherwise provided in the "Feedback and Ideas" section above including with respect to ideas or other non-protectable information, you agree that with respect to any User Submitted Content you make on this Site or otherwise to Jel Sert that contain ownable, protectable content, including artwork, audio recordings, copy, images, music, photography, text, video recordings, written materials and/or other materials you: (a) grant to Jel Sert an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the User Submitted Content, in whole or in part, in any and all manner and media throughout the world; and the right to use your name, voice, image, likeness and biographical data in connection with both the User Submitted Content; (b) agree that Jel Sert shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this License in its entirety, without payment to you; (c) hereby acknowledge and agree that Jel Sert shall have the right to crop, edit, alter or arrange the User Content in any way it desires in Jel Sert’s sole discretion; (d) acknowledge that Jel Sert shall not have any obligation to provide you with any credit when using your User Content, but in the event Jel Sert chooses to provide you with credit the size and placement of the credit shall be at Jel Sert’s sole discretion; (e) shall waive any “moral rights” that you may have in the User Content; and (f) acknowledge that you are not entitled to any compensation or other payment from Jel Sert in connection with the User Content (the "License").
You understand that Jel Sert will be acting in reliance upon your grant of rights, representations, warranties stated herein and may incur substantial expense in reliance upon these grant of rights, representations, warranties and indemnities should Jel Sert use your User Submitted Content. You therefore represent and warrant that: (a) You have the full power and authority to grant the License described herein and to perform all of your obligations set forth in the License; (b) you are the author of the User Submitted Content and that each and every element of the User Submitted Content is an original work created by you; (c) you are the sole and exclusive owner of the User Submitted Content and all of the trademark and copyrights therein; (d) no third party is entitled to any compensation or payment as a condition for Jel Sert’s use and exploitation of the User Submitted Content; and (e) the User Submitted Content conforms to these Terms.
This Site is not intended for, nor does Jel Sert believe it is appealing to, children under the age of 13. Jel Sert does not knowingly collect information from children under 13. Parents, to learn more about how to protect your children online, please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.
You agree to defend, indemnify, and hold harmless Jel Sert and its agents, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys’ fees) resulting from claims made against Jel Sert or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Illinois. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Jel Sert shall have the right at any time to change the terms of these Terms, or change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
Both you and Jel Sert acknowledge and agree that no partnership is formed and neither of you nor Jel Sert has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Jel Sert, and is accepted by you upon your use of the Site. These Terms constitutes the entire agreement between you and Jel Sert regarding the use of the Site.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the Site, and replaces any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon are void where prohibited.
These Terms constitute a binding agreement between you and Jel Sert, and constitute the entire agreement with respect to your use of this Site. By using the Site, you are deemed to have accepted these Terms, and to agree to adhere to the provisions herein.