TERMS AND CONDITIONS


 

The Savannah Oatmeal Company, LLC, a Limited Liability Company organized under the laws of Georgia (“SOC”), makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by SOC and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that SOC may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

SOC reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

DEFINED TERMS

One of the Services offered through this Site is the selling of and advertising of food products by the SOC. Information, materials, files, communications, and documents that are posted by users in conjunction with this service are referred to collectively as “Project Content.” The group of persons among which the collaboration takes place is referred to herein as the “Work Group.” All other user-supplied information, materials, files, communications, and documents, excluding the Project Content, are referred to collectively as “User Content.” “SOC Content” means all Materials provided by SOC. Project Content, User Content, and SOC Content may have different restrictions and conditions associated with them.

TYPES OF USERS

Please be aware that certain activities on this Site, such as the SOC Project Content, are available only to persons invited by SOC to participate in such activities.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, SOC and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by SOC, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. SOC offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by SOC. You agree that you will not hold SOC responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the SOC Content and User Content available on this Site subject to the following conditions:

1.     The SOC Content and User Content may be used solely for personal, informational, and internal purposes.

2.     The SOC Content and User Content may not be modified or altered in any way.

3.     The SOC Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

4.     You may not remove any copyright or other proprietary notices contained in the SOC Content and User Content.

5.     SOC reserves the right to revoke the authorization to view, download, and print the SOC Content and User Content available on this Site at any time, and any such

        use shall be discontinued immediately upon notice from SOC.             

6.     The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the SOC Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of SOC or other third parties. You are not permitted to use the Marks without the prior written consent of SOC or such third party that may own the Marks.

LICENSE TO SOC FOR USER CONTENT

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant SOC one of the following types of licenses:

1.     For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant SOC a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant SOC the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

2.     For User Content such as comments to SOC on user forms, reports or suggestion forms, you grant SOC and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that SOC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of SOC or others.

LICENSE TO SOC FOR PROJECT CONTENT

For Project Content that is intended to be accessible only to members of your Work Group, you grant SOC the right to copy, display, distribute, and otherwise use such Proj­ect Content in connection with operation of the SOC Program. You agree that SOC may access and/or disclose such Project Content if SOC has a good faith belief that it must do so to (a) perform system administration, such as diagnosing and correcting problems, or testing any aspect of the SOC Program; (b) respond to a valid court order or subpoena; (c) comply with legislation or regulations, including, without limitation, the Digital Millennium Copyright Act; (d) investigate complaints; or (e) protect SOC or others from liability or damages. SOC has no obligation to retain Project Content and you agree that SOC shall not be liable for any failure to store Project Content.

PROHIBITED COMMUNICATIONS

You may submit only User Content or Project Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from SOC; not to access or attempt to access any Project Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. 

MANAGING CONTENT AND COMMUNICATIONS

SOC reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. SOC may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, SOC will have no liability related to User Content or Project Content. SOC disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content or Project Content. 

WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and SOC or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, SOC makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.  

This Site could include technical or other mistakes, inaccuracies, or typographical errors. SOC may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and SOC makes no commitment to update such Materials or Services.  

You understand and acknowledge that (i) SOC does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) SOC makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) SOC shall not be liable or responsible for any content, products, or services offered by third parties.  

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. SOC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from SOC or through or from the Site shall create any warranty not expressly stated in these Terms of Use.  

PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. With the exception of Project Content and certain types of User Content, any non-personal information or material sent to SOC will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of SOC or others.

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall SOC, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not SOC has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

INDEMNITY AND LIABILITY

You agree to indemnify and hold SOC, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content, Project Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any member of your Work Group, or your violation of any rights of another person or entity. 

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by SOC from its offices within the state of Georgia, United States of America. By accessing this Site, you and SOC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof. You and SOC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Georgia with respect to such matters.  

GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between SOC and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by SOC to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.