Terms of Use

TERMS OF USE AND CONDITIONS

Welcome to Newman’s Own web site. These Terms of Use and Conditions (“Terms”) govern your use of the Newman’s Own (“our”) web site. Please read the terms in full before using our web site. By accepting these Terms, or by using our web site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our web site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

Access to Web Site

You will be able to access our web site without having to register any details with us.

Use of Web Site

Our web site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of Newman’s Own or its parent, and are protected by U.S. and international copyright laws. Either Newman’s Own or its third party licensor owns and holds all of the intellectual property rights used on or associated with the web site, including, but not limited to, copyrights, trademarks, trade names, and rights of publicity, in, to and associated with (i) Mr. Paul Newman, including use of his name, image and likeness, (ii) the brand NEWMAN’S OWN, and (iii) all other information and content contained on the web site.

The contents of our web site may be used for informational purposes only. These Terms permit you to use the web site for your personal, non-commercial use only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden. However:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the web site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

Any other trademarks or service marks appearing anywhere on our web site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that Newman’s Own or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this web site for commercial profit or gain. Nothing in these Terms or on the web site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold all rights to the content on this web site.

As a condition of your use of the web site, you will not use the web site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the “User Conduct” section. You may not use the web site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the web site, or any contents or services. You may not attempt to gain access to any portion of the web site, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the web site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the web site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this web site, or the results to be obtained from using the web site. We make no representation or warranty that the web site or content is free from defects or viruses. Your use of external links and third-party web sites is at your own risk and subject to the terms and conditions of use for such links and web sites.

While every effort is made so that all content provided on the web site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the web site. While every effort is made for smooth and continuous operation, we do not warrant the web site will operate error free.

By submitting a telephone number to Newman’s Own you agree that a representative of Newman’s Own can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.

Web Site Uptime

We take all reasonable steps so that our web site is available 24 hours every day, 365 days per year. However, web sites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this web site is unavailable at any time.

Our web site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using our web site, you shall not post or send to or from either the web site:

(a) content for which you have not obtained all necessary consents;

(b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our web site is being used;

(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our web site in breach of the this section.

You shall not use our web site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.

Links to and from Third Party Web Sites

Any links furnished on our web site may allow you to leave our web site. These third party web sites are not under our control and we disclaim any responsibility for the contents of such linked web sites or any link(s) contained in any such linked web site(s) or any changes or updates to any of these web sites. We further disclaim any responsibility for any form of transmission received from any linked third party web site or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the web site(s).

If you would like to link to our web site, you may only do so on the basis that you link to, but do not replicate, any page of our web site, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

(b) you do not misrepresent your relationship with us or present any false information about us;

(c) you do not link from a web site that is not owned by you; and

(d) your web site does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our web site in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

All information on our web site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our web site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the web site or reliance on the information from either.

THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS OR INFORMATION PROVIDED THROUGH THIS WEB SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

NEWMAN’S OWN DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR WEB SITE.

Limitation of Liability

YOUR USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE WEB SITE, THE INFORMATION, OR PRODUCTS PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting

fees, resulting from or alleged to result from, your use of and access to the web site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Applicable Law

We make no representations that the content or the web site is appropriate or may be used or downloaded outside the United States. Access to the web site and/or the content may not be legal in certain countries outside the United States. If you access the web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the web site.

Our web site is created and controlled by the State of Connecticut, United States of America. The web site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Connecticut, and applicable United States federal laws. Use of our web site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our web site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our web site, as may be required.

General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the web site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the web site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Our Contact Information

Newman’s Own

One Morningside Drive North

Westport, CT 06880

info@newmansown.com

800-277-4424

Effective Date: February 22, 2019