Sabra.com Terms of Service

SABRA DIPPING COMPANY, LLC WEB SITE TERMS OF USE

These Sabra Dipping Company, LLC Web Site Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this web site ("Web Site") and Sabra Dipping Company, LLC ("Sabra", "we", "us", "our") regarding your use of the Web Site. If you do not accept these Terms of Use, you are not authorized to use the Web Site. We reserve the right to change these Terms of Use from time to time, without liability to you, and your continued use of this Web Site constitutes your acceptance of and agreement with any such changes.

Click on one of the links below to jump to the listed section:


BACKGROUND

This Web Site is provided for your information and non-commercial use and enjoyment. We provide certain information about our products, their suggested uses, and our company, and certain other third party information via the Site.

INFORMATION AND MATERIAL POSTED ON WEB SITE

Except for information that is maintained as private in accordance with our Privacy Policy, information posted to this Site (including, but not limited to, personally-identifiable information and content you provide to us via the Site) is public. As a user of this Site, you are solely responsible for information that you post on our Site, including, but not limited to any posting or listing in any public message area or through any e-mail, subscription, uploading or linking feature. Therefore, do not do any of the following things: transmit to us material that is protected by copyright, unless you are the copyright owner or have permission from the copyright owner; transmit material that includes or reveals trade secrets or confidential information, unless you are the owner of the trade secrets or confidential information or have permission from the owner; transmit material that infringes any party’s intellectual property rights or rights of publicity or privacy; transmit material that is obscene, sexually explicit, defamatory, threatening, harassing, hateful, or embarrassing to any party; transmit advertisements or solicitations for business; transmit materials related to chain letters or pyramid schemes; or impersonate another person or party. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to all material that you transmit. We reserve the right to take any action with respect to information posted on our Site that we believe is appropriate in our sole discretion including, but not limited to, removal of such information and/or termination of your rights of use. However, we cannot, nor do we, control the information provided by users or other content providers which is made available through our Site. Information posted on the Site is provided "AS IS" and may contain technical or other inaccuracies or typographical errors. Information may be changed or updated without notice. Sabra may also make improvements and/or changes to the products described on or offered via the Site at any time without notice. Any information contained on the Site does not represent a commitment on the part of Sabra in the future. We do not endorse any information posted by third parties on the Site and we are not liable for any such information, including, but not limited to, any information posted about you.

UPDATES TO TERMS OF USE

We may amend these Terms of Use at any time by posting the amended Terms of Use on the Site. Your continued use of the Site after the posting of the amended Terms of Use constitutes your automatic acceptance of the amended Terms of Use.

PROHIBITED ACTIVITIES

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, denial-of-service attacks, other malicious code or repeated "hacks" or "attacks" on web server(s), to damage or interfere with the proper working of the Site or to intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including, but not limited to, denial of service attacks, "spam" or any other such unsolicited overload technique.

THIRD PARTY LINKS, CONTENT, AND TERMS OF USE

This Site may contain information or other functionality provided by various third party providers. This Site may also contain links to third party web sites not under the control or operation of Sabra. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked website or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers. Your use of this Site constitutes your acceptance of any such third party terms and conditions.

PRIVACY

You agree to be bound by the terms of our "Privacy Policy", which is posted on the Web Site and incorporated herein by reference. You may review our Privacy Policy here. We may amend the Privacy Policy from time to time. If you are not in compliance with the Privacy Policy at any time, we have the right to terminate your rights of use and access to the Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

OUR RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use. These Terms of Use are an agreement between you and Sabra and are not intended to be for the benefit of any third party.

OWNERSHIP

The Site and all intellectual property rights included in or related to the Site (including, but not limited to, any information databases, copyrights, trademarks, service marks, and trade dress) are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site or any content, information, or functionality contained therein. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Site or its content.

LAWS AND REGULATIONS

You hereby agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (1) use of the Site and the information and content provided via the Site; and (2) release of information to and retrieval of information from the Site and any Sabra database. To the extent that any taxes apply to your use of the Site, you are responsible for the payment of such taxes.

TERMINATION

We have the right to terminate your use of and/or access to the Site at our discretion, for any reason or no reason.

NO WARRANTY

WE PROVIDE THE SITE, THE PRODUCTS AND SERVICES, AND ANY INFORMATION AND CONTENT CONTAINED IN OR PROVIDED VIA THE SITE "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS, SERVICES, INFORMATION, OR CONTENT VIA THE SITE. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

LIMITATION OF LIABILITY

We shall have no liability, whatsoever, for the unavailability of the Site or lack of performance of the maintenance work to keep the Site operable. We shall also have no liability whatsoever for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider, or the Internet infrastructure and network external to the Site, or for inaccurate information provided by any third party or failure to update information provided via the Site. IN NO EVENT SHALL SABRA BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT AND INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL SABRA'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO SABRA BY YOU DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $50. The limitations of liability provided in these Terms of Use inure to the benefit of Sabra, and its affiliates and their respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

INDEMNIFICATION

We reserve the right to report any wrongdoing involving or relating to the Site or your use of the Site, if and when we become aware of it, to any applicable government agencies or others. You agree to indemnify, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from or relating to your use of the Site, your breach of any provision of these Terms of Use, and/or any wrongdoing by you.

GOVERNING LAW AND JURISDICTION

The Site (excluding linked sites) is managed and controlled by us from our offices in New York, New York. By accessing the Site, you agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of the state of New York, without regard to its conflict of laws provisions. If you access this Site from other locations, you do so at your own risk and are responsible for compliance with any applicable laws. Any controversy or claim brought by you against Sabra arising out of or relating to these Terms of Use, the Privacy Policy or the Site shall be brought within six (6) months of the event from which such controversy or claim arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Sabra does not represent that the materials on this Site are appropriate or legal, or may be accessed or used, outside the United States. Any such controversy or claim brought by you shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in New York, New York, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

NOTICE TO SABRA

Except as explicitly stated otherwise or required by law, you shall provide any notices to Sabra by e-mail to us at info@sabra.com.

STATE SPECIFIC LEGAL NOTICES

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Sabra Dipping Company, LLC, located at 2420 49th Street, Astoria, New York, 11103, is the provider of the electronic commercial service on this Site. Sabra may charge users for certain products and services. Users will be notified in advance if there will be a charge for any product or service. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. All order cancellations must be received in writing within forty-eight (48) hours of order and must be submitted via e-mail at info@sabra.com, fax (718) 204-0417, or mailed to the Sabra address set forth above, and must include your name and e-mail address.

GENERAL

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach or wrongdoing by you or others does not waive our right to act with respect to subsequent or similar breaches or wrongdoings. These Terms of Use, the Privacy Policy, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THIS WEB SITE YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

These Terms of Use are effective as of October 14, 2010.