Reser’s Fine Foods, Inc.
Please review the Reser’s Fine Food Inc. (“Reser’s) Terms and Conditions that follow. Please read them carefully, because when you use our sites, you automatically agree to them. Thank you for visiting our site!
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1) You agree not to re-use material from www.resers.com or from any other World Wide Web site operated by Reser’s. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent — first. Exception: you may download material onto one computer for your personal, non-commercial use only, provided you don’t delete or change any copyright, trademark, or other proprietary notices.
Please don’t modify the materials or use them for any other purpose; if you do, you’ll be violating our intellectual-property rights.
(2) Everything you download — any content, plus all files, all images incorporated in or generated by the software, and all data accompanying it — is considered licensed to you by Reser’s.
That means that we retain full and complete title to the content and to all of the associated intellectual-property rights. So you’re not allowed to redistribute or sell the material — or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.
IF YOU SUBMIT MATERIAL TO US…
(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to Reser’s through this site becomes and remains our property, even if this agreement is later terminated.
This means: we don’t have to treat any such submission as confidential. You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas). If we use them — or anything like them — we don’t have to pay you or anyone else for them. We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
(2) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LIMITATION OF LIABILITY
RESER’S WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY…
USE OF (OR INABILITY TO USE) THE SITES, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING…
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.DISCLAIMER
THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) RESER’S DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES:
THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
THAT DEFECTS WILL BE CORRECTED.
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. (WE THINK OUR RECIPES ARE EXCELLENT, BUT WE HAVE NO CONTROL OVER CONDITIONS IN YOUR PARTICULAR KITCHEN OR HOUSEHOLD THAT WE DON’T KNOW ABOUT.)
IN ADDITION TO THE ABOVE, YOU (AND NOT RESER’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
We sometimes provide access to other World Wide Web sites from our sites. But we don’t endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Reser’s-operated site or have moved to another site.
Unless otherwise specified, the materials in our sites are presented to provide information about Reser’s and its products.
Reser’s controls and operates its sites from the company’s headquarters in Beaverton, Oregon, in the United States of America. We in no way imply that the materials on the sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported:
into (or to a national or resident of) any country to which the United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia); or…
to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders.
If you download or use the software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.
WHAT TO DO IF YOUR COPYRIGHT HAS BEEN INFRINGED
Reser’s respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Reser’s has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly. Information reasonably sufficient to permit us to contact you, , such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Reser’s Fine Foods Inc.
PO Box 8
Beaverton, OR 97075
Attn: Copyright Administrator
Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from all Reser’s sites, along with all related documentation and all copies and installations.
Reser’s may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And Reser’s is entitled to terminate all or part of any of its Web sites at any time, without notice to you.
MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Oregon (without applying the state’s conflict-of-law principles).
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Reser’s may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
© 2012 Reser’s, Inc. All rights reserved.