Effective December 1, 2022
3. Permitted Use of the Services
To maintain the integrity of the Services and the user experience of all users of the Services, you agree not to misuse the Services, including by using the Services in a way that violates any applicable law. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:
- Disrupt or interfere with the normal operation and navigation of the Services or the availability of the Services to other users, including by transmitting any virus or other harmful code that could disrupt or interfere with the functionality of any computer software, hardware, database or communications equipment of JBSS;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure JBSS uses to provide the Services;
- Use any automatic or manual process to monitor, spider, scrape or copy the Services or the Content without authorization, including collection of information concerning JBSS product offerings, descriptions, images and prices;
- Access the Services using any interface other than the standard user interface provided by JBSS;
- Disassemble, decompile or otherwise reverse engineer the Services or any software or other technology included in the Content or used to provide the Services;
- Maintain any link to the Services that JBSS asks you to remove, in its sole discretion;
- Frame the Services or Content, make the Services or Content available via inline links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between JBSS and any third party;
- Use the Services to transmit, distribute or store any material (a) in violation of any applicable law, including laws governing the collection, processing, or transfer of personal information; (b) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful;
- Violate the security of the Services, including by (a) circumventing any authentication or other access control measures used in the Services; (b) accessing any data or portion of the Services that we have not authorized you to access; or (c) probing, scanning or testing the vulnerability of the Services or the infrastructure JBSS uses to provide the Services;
If you violate this Section 4, we may terminate your access to the Services without notice, take other remedial actions, and seek any remedies permitted by law. Certain violations of this Section 4 may result in criminal liability. JBSS may involve, and cooperate with, law enforcement authorities in prosecuting users of the Services who are involved in such violations. You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court orders, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services.
5. Information Provided
JBSS endeavors to provide accurate product descriptions and other information through the Services. However, JBSS cannot guarantee that such information will always be complete, accurate, current and error-free or that images will be displayed properly on your device.
Information provided through the Services about nutrition and health is not intended to be a substitute for professional medical advice. You should always consult with your personal physician prior to making any changes in your diet or otherwise acting on any nutrition or health information. Never disregard professional medical advice or delay in seeking it because of information available through the Services.
Some of the information provided through the Services is historical in nature. Such information may no longer be current.
Some of the information provided through the Services contains “forward-looking statements” as that term is defined in the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements are management’s expectations of future events as of the time that the statements were made and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to rely on such forward-looking statements, which speak only as of the date they were made.
JBSS may change the Services at any time and without notice, including by adding or removing Content, discontinuing Services, and restricting or terminating your access to the Services. JBSS will not be liable for taking any of these actions.
6. Third Party Sites
7. Mobile Applications
Your wireless provider may charge for use of the App, including fees for receipt of text messages and data transmission. These fees are not charged by JBSS. You should contact your wireless provider if you have any questions about its fees. By using an App, you agree that we may communicate with you regarding the Services and our products by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your device and usage of the App will be communicated to us.
All trademarks used in or in connection with the Services are the property of JBSS or their other respective owners. You are not authorized to display or use any of these trademarks in any manner without the prior written permission of its owner.
10. Information You Provide; Unsolicited Ideas
The Services may offer you the opportunity to provide comments or otherwise transmit information to JBSS (“User Submissions”). To avoid the possibility of misunderstandings, we ask that you not submit unsolicited ideas, product or advertising suggestions, creative materials, proposals, business plans or similar materials to JBSS as User Submissions.
When you provide User Submissions, you grant us a nonexclusive, worldwide, royalty free, perpetual, irrevocable, fully transferrable and sublicensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit those User Submissions by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising without limitation or compensation to you. You agree that (a) User Submissions are not being provided to JBSS in confidence; (b) there is no confidential or fiduciary relationship between you and JBSS; and (c) you have no expectation that JBSS will review, acknowledge or compensate you for your User Submissions.
11. Disclaimer of Warranties
THE SERVICES (INCLUDING APPS AND CONTENT) ARE PROVIDED BY JBSS ON AN “AS IS” AND “AS AVAILABLE” BASIS. JBSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JBSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SECURITY, AVAILABILITY, ACCURACY AND FREEDOM FROM VIRUSES AND OTHER HARMFUL CODE.
12. Limitation of Liability
JBSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) THE SERVICES (INCLUDING APPS AND CONTENT) OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES; (B) PERFORMANCE FAILURE; (C) ERROR OR OMISSION; (D) INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION OF THE SERVICES; OR (E) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO THE SERVICES OR DATA, IN EACH CASE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND LOST PROFITS, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY, AND EVEN IF JBSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
13. Your Liabilities and Obligations
You agree, at your own expense, to defend, indemnify and hold JBSS (including its affiliates) and directors, employees, shareholders, vendors, distributors, legal representatives and agents of JBSS from any and all claims, suits, actions, costs, liabilities, and damages, including attorney’s fees, and any other expenses of any kind resulting from your use, misuse or access to the Services. JBSS retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 13 without the prior written approval of JBSS.
14. Applicable Law
17. Customer Service