TERMS AND CONDITIONS OF USE AGREEMENT
Last updated: January 20, 2021
Use of the Site or clicking on “I agree” constitutes a knowing acceptance and acknowledgement of this Agreement. If you do not agree to this Agreement, you may not use this Site. If for any reason you do not agree with or cannot abide by this Agreement (or any posted modifications to it), please exit this Site immediately. Otherwise, by accessing or using this Site, you agree to this Agreement, including the
- Scope of Agreement
- General. This Agreement is between you and Purnell and governs your access to and use of the Site.
- Terms of Sale. Any purchases made through the Site are governed by the terms of sale, which are hereby incorporated into this Agreement by this reference.
- Modification of Site or Agreement.
- Purnell may, at any time and in its sole discretion, modify, revise or otherwise change the Site (including without limitation adding or discontinuing any or all of the products, services, information, or transactions), in whole or in part, without notice or liability to you.
- Purnell reserves the right to modify this Agreement at any time at its sole discretion. If Purnell modifies this Agreement, Purnell will post the date of the latest revision at the top of this Agreement and will post the revised version on the Site. The modified version of the Agreement will apply to all access and use of the Site thereafter. Check this page periodically to be aware of any modifications to the Agreement. By continuing to access and use the Site once the modified Agreement is posted, you indicate your assent and your agreement to be bound by this Agreement as modified.
- Individual Use. You may access and use this Site only for displaying the Site on your internet browser for personal, non-commercial purposes. Conditioned on your compliance with this Agreement, you may download a single copy of the printed materials available on this Site too allow a child to use them for personal, noncommercial use in the manner intended only. You must ensure that the copyright and other intellectual property notices displayed on these materials remain unchanged when printed. You agree not to modify, transform, create derivative works from, distribute, publicly display, make additional copies, or otherwise use the materials in any way. You May not commercialize the Site or its contents in any way. If you breach this Agreement, your right to use the Site under these permissions terminates immediately.
- Except as permitted above, you shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Site. You must use this Site only in accordance with the terms and conditions of this Agreement and only for lawful purposes. you may not use the Site (a) to reverse engineer or decompile it, or to gain (or attempt to gain) unauthorized access to areas or materials provided on the Site or Purnell’s products or services for which you do not have the proper authorization; (b) to impersonate any person or entity (including Purnell or its employees) via user names or otherwise, or falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or your authority to bind another person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site or Purnell’s services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements, restrictions, or standards set forth in in this Agreement; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Site via a denial-of-service attack or a distributed denial-of-service attack; (l) to exploit, harm, or violate the legal rights of others, (m) to transmit promotional materials or malicious code; (n) to transmit sexually explicit or pornographic material, obscene, defamatory, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, infringing material, or any material that could give rise to liability for Purnell; (o) to deceive any person, or cause annoyance, inconvenience, or needless anxiety to any person, (p) in a manner that creates the impression they emanate from or are endorsed by Purnell or others if that is not the case, (q) in a manner that Purnell determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Site, the information provided through the Site, or Purnell’s products or services.
- Availability and Use of Site.
- The availability of this Site depends on many factors, including some factors that are beyond Purnell’s control, such as your connection to the Internet and the Internet backbone. You are solely responsible for arranging access to the Site. You are responsible for all use of the Site through your Internet connection. Purnell shall not be liable to you if you cannot use this Site for any reason.
- User Account. In order to use certain features of this Site, you will be asked to register by providing Purnell with certain identifying information about yourself. In order to register, you must be at least 16 years of age. You shall treat your password, and related information as confidential, and shall not disclose this information to any other person. You acknowledge that your account is personal to you and shall not provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you properly log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Term; Termination.
- In addition to any other legal or equitable remedies, Purnell may, without prior notice to you, immediately terminate this Agreement, disable any user name, password or other identifier, or revoke any or all of your rights granted under this Agreement.
- Effect of Termination. Upon any termination of this Agreement, you shall immediately cease all access to and use of this Site and Purnell may, in addition to any other legal or equitable remedies, deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions of that, by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
- Intellectual Property.
- Intellectual Property Laws. S. and international copyright, trademark and other intellectual and proprietary laws protect this Site and the materials provided therein, and any unauthorized access to or use of this Site or the materials therein may violate such laws. Purnell reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
- All information and data that is part of this Site, including without limitation, recipes, photographs, caricatures, text, software, graphics, illustrations, images, audio clips (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Site (collectively, the “Trademarks”), and the goods that are made available for purchase, as well as the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Purnell or its licensors. You are not granted any right, either express or implied, in any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Purnell or any of the goodwill associated with any of the foregoing. You shall not use the Trademarks or any confusingly similar version of them. To the extent that you use any Content or any copyright, Trademarks, patent, trade secret, right of publicity or other intellectual or proprietary right of Purnell, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Purnell.
- You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site, whether on printable materials or otherwise.
- User Contributions. The Site may contain interactive features that allow you to post, submit, publish, display, or transmit (“post”) content or materials, including but not limited to text, photographs, and videos (collectively, “User Materials”) on or through the Site.
- Standards. All User Materials you post to or through the Site must comply with the content standards set forth in this Agreement. The User Materials must comply with all federal, state, local, and international laws and regulations. Without limiting the foregoing, the User Materials must not: (i) promote or engage in any illegal or unauthorized use or any way that violates applicable federal, state, local, or international law or regulations (including without limitation, any laws regarding the export or re-export of data or software to and from the US or other countries); (ii) impersonate any person or entity; (iii) stalk or harass any other person; (iv) harm or exploit minors in any way, including by displaying inappropriate content; (v) falsely state or misrepresent your affiliation with another person or entity or to impersonate or attempt to impersonate Purnell, a Purnell employee, another user, or any other person or entity, whether by using that person’s email address, screen name, or other indicia associated with the foregoing or otherwise or that misleadingly give the impression that they emanate from or are endorsed by Purnell or any other person or entity if that is not the case; (vi) provide any false or misleading data or materials likely to deceive others; (vii) infringe any patent, trademark, trade secret, service mark, copyright, or other Intellectual Property right of another person; (viii) access or use the account of another user; (ix) distribute or procure the sending of advertising, surveys, sales, contests, promotional materials, sweepstakes, barter, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other messages for any commercial purposes; (x) distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) “hack” or access without permission Purnell’s proprietary or confidential records or those of any other third party; (xii) contain any libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, hateful, sexually explicit, pornographic, or otherwise objectionable materials (as determined by Purnell in its sole discretion), materials that promote discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, or other materials that could give rise to any civil or criminal liability under U.S. or international law; (xiii) promote any illegal activity or advocate, promote, or assist any unlawful act; (xiv) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; or (xv) violate the legal rights (including privacy rights and publicity rights) of others or contain any material that could give rise to liability or conflict with this Agreement.
- Permission. All User Materials you post for public display to or through the Site will be considered non-confidential and non-proprietary. By posting any User Materials on or through the Site, you grant Purnell and its service providers and each of their licensees, successors, and assigns the irrevocable, perpetual right to copy, reproduce, modify, perform, publicly display, publicly distribute, create derivative works from, and otherwise use and disclose to third parties any such User Materials (including the name, image, or other likeness (the “Likeness”) of all individuals identified in the User Materials for any purpose. Without limiting the foregoing, you authorize Purnell to edit the User Materials you post to or through the Site and to use such User Materials and such Likenesses to advocate, advertise, or promote Purnell, its programs, its mission, and its goods and services online, via social media, through promotional materials, in print, on television, on the radio, and in any media now known or hereafter developed without any compensation to you or others identified in the User Materials. You represent and warrant that Purnell’s authorized use of the User Materials will not infringe, misappropriate, or otherwise violate the intellectual property rights, privacy rights, or publicity rights of any third party. You hereby release Purnell from all claims for remuneration, intellectual property infringement, trade secret misappropriation, privacy rights, and publicity rights arising out of Purnell’s use of the User Materials.
- Representations. You represent and warrant that you own or control all rights in and to the User Materials (including any privacy rights and publicity rights associated with individuals mentioned in such User Materials) and have the right to grant the permission set forth above, that your User Materials will comply with the content standards set forth in this Agreement, and that the User Materials do not infringe the copyright, trademark, trade secret, privacy rights, publicity rights, or other intellectual property or other rights of any third party. You acknowledge that you are responsible for any User Materials you submit or contribute and that you, not Purnell, have full responsibility for such content, including its legality, reliability, accuracy, and propriety. Purnell is not responsible or liable to any third party for the content or accuracy of any User Materials by you or any other user of the Site.
- Monitoring. Purnell has the right to remove or refuse to post any User Materials for any reason or no reason in its sole discretion. Purnell may take any action with respect to User Materials that it deems necessary or appropriate in its sole discretion, including if it believes that any User Materials violate this Agreement (including the Standards), infringes the intellectual property or other rights of any person, threatens the personal safety of users of the Site or the public or could create liability for Purnell. Purnell may disclose your identity or other information about you to any third party who claims that User Materials you post violate their rights, including their right their intellectual property rights or privacy rights. Purnell may take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. Purnell may terminate or suspend your access to all or part of the site for any or no reason, including without limitation any violation of this Agreement. Without limiting the foregoing, Purnell has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Purnell to disclose the identity or other information of anyone posting any posting any materials on or through the Site. You waive and hold harmless Purnell and its licensees and service providers from any and all claims resulting from any action taken by Purnell or a third party during or as a consequences of investigations of either Purnell or law enforcement authorities. However, you acknowledge and agree that Purnell cannot review all User Material before it is posted on the Site and cannot ensure prompt removal of objectionable User Material after it has been posted. Accordingly, Purnell assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Copyright Policy. If you believe any materials accessible on or from this Site infringe your copyrights, you may request removal of those materials (or access to them) from the Site by submitting written notice to our designated agent identified below. Please kind include the phrase “copyright infringement” in the subject line to facilitate handling. Such written notice must include: (a) your physical or electronic signature, (b) identification of the copyright-protected work(s) you believe to have been infringed, (c) identification of the material you believe to be infringing (in a manner sufficiently precise to allow us to locate that material), (d) your contact information (including name, postal address, phone number, and email address), (e) statement that you have a good faith believe that use of the copyright-protected material is not authorized by the copyright owner, its agent, or the law, (f) a statement that the information in the written notice is accurate, and (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner. Our designated agent for copyright notices is:
F.B. Purnell Sausage Company, Inc.
c/o Miss Judy
P.O Box 366
Simpsonville, KY 40067
If you fail to comply with all the requirements of 17 U.S.C. § 512(c)(3), your notice may not be effective. If you knowingly misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees under 17 U.S.C. § 512(f)). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- Terms of Sale.
- Orders. You agree that your order of any goods through the Site is an offer to purchase such goods. Purnell will only be obligated to sell the goods to you if Purnell accepts the order, and Purnell may choose to reject the order in our sole discretion. If Purnell accepts the order, Purnell will confirm by email, which will constitute acceptance.
- Pricing and Payment. Posted prices are subject to change without notice and do not include taxes or charges for shipping and handling. The price charged will be the price in effect at the time the order is placed. Purnell reserves the right to cancel any orders arising from any of our pricing, typographical, or other errors. Purnell must receive payment before acceptance of an order. You represent and warrant that the payment card information you provide is true, accurate, and complete, that you are duly authorized to use such payment card, that your payment card company will honor the charges, and that you will pay the charges incurred (including applicable taxes).
- Shipping and Risk of Loss. Purnell will arrange for shipment of the goods to you and you will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon transfer of the goods to the carrier. All shipping and delivery dates are estimates and not guaranteed. Purnell is not liable for any delays in shipments.
- Returns and Refunds. Due to the nature of the goods and the audience for which they are intended, we hope you will appreciate why Purnell cannot accept returns of goods or exchange goods.
- Other. If you are an individual, you represent and warrant that you are purchasing the goods solely for your or your family’s own personal, individual, household use and not for resale, redistribution, or export.
- Links to Other Internet Sites.
This Site may contain links to Internet sites owned, operated or maintained by third parties not under Purnell’s control. The links are not and shall not be deemed to be Purnell’s endorsement of the organization associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. If you click on a link to a third party site, you are leaving the Purnell Site.
- Links to this Site.
You must obtain Purnell’s prior written consent to post any link(s) to this Site. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
- Warranty Disclaimer; Limitation of Liability.
- All Content, information, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Site may include inaccuracies, mistakes, or typographical errors. You acknowledge that you use this Site at your own risk. Purnell does not warrant that the Content, including your use of the Site, will be uninterrupted or error free, accurate, useful, complete, that defects will be corrected, that the Site or its server are free of viruses or other harmful components, or that the Site will meet your needs or expectations. Purnell disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Purnell shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or by downloading any material posted on the Site or on any site linked to the Site.
- Limitation of Liability. To the maximum extent permitted by applicable law, Purnell, and its respective officers, directors, employees, and agents and their respective successors and assigns shall not be liable for punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if Purnell had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Purnell shall not be liable to you for any damages arising from any other user of the Site, or from your reliance on any information provided on the Site.
You agree to indemnify, defend and hold harmless Purnell and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) your access or connection to, or use of this Site, including without limitation claims arising out of information, Content, provided to Purnell for public display, distribution, or other use, (ii) your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by you of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by you. Purnell reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification for attorneys’ fees and costs of defense by you, and in such case, you agree to cooperate with Purnell’s defense of such claims.
- Relationship Between the Parties.
you acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Purnell as a result of this Agreement or any use of this Site or the Purnell Materials therein. you agree not to hold yourself out as a representative, agent, or employee of Purnell and Purnell shall not be liable for any representation, act or omission by you to the contrary.
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Purnell’s successors, assigns and licensees.
- Injunctive Relief; Remedies.
- Injunctive Relief. you agree that Purnell’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Purnell shall be entitled to specific performance or injunctive relief, or both (without posting security), in addition to any damages that Purnell may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
- Cumulative Remedies. All rights and remedies granted to Purnell under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Purnell at law or in equity.
- Governing Law and Jurisdiction; Limit on Commencing Actions.
- Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in Kentucky, in all disputes arising out of or relating to the use of this Site.
- Limitation on Actions. you must commence any cause of action or claim against Purnell within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
- International Access.
This Site can be accessed from countries other than the United States. This Site may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
- Contact Information.
Please send any notices, questions, comments, or concerns regarding the Site (other than notifications of claimed copyright infringement) to: email@example.com or by regular mail F.B. Purnell Sausage Company, Inc., P.O. Box 366, Simpsonville, KY 40067.
- Waiver; Severability; Integration; Entire Agreement.
- Reservation of Rights.
Purnell reserves to itself any and all rights not expressly granted herein.