Farley’s & Sathers Website Terms and Conditions of Use

Effective Date: May 23, 2011

In General

The website farleysandsathers.com (“Website”) is provided to you by Farley’s & Sathers Candy Company, Inc. (“Farley’s & Sathers”). Access to and use of this Website and the services available at this Website are subject to the following terms and conditions as set forth in this notice (“Agreement”). By accessing or using the Website or downloading materials from the Website, you agree to be legally bound by the terms and conditions set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use this Website.

Copyrights

comments@farleysandsathers.com

The copyright in this entire Website is held by Farley’s & Sathers. All material provided on this Website is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on this Website may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form for commercial use without the prior written permission of Farley’s & Sathers.

Individual visitors of this Website are permitted to print one copy of material published on this Website solely for their personal, non-commercial use, provided they do not modify the materials and that they retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms and conditions contained herein. Farley’s & Sathers does not permit the download or printing of this Website for any commercial purpose, including the use on other websites.

Trademarks

Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on this website are property of Farley's & Sathers and are protected as registered and unregistered trademarks and copyrights. The following is a non-exclusive list of Farley’s & Sathers’ trademarks:

ABRA CABUBBLE®
AMAZIN’ FRUIT®
AMERICA’S #1 & DESIGN®
AMERICA’S #1 CANDY CORN®
APPLE-O'S®
ASSORTED FRUIT DINOSAURS FRUIT SNACKS®
BEAR DESIGN®
BLACK RADBERRY®
BLACK RADBERRY DESIGN®
BLUE COMPERS®
BLUE RADBERRY®
BLUE RADBERRY DESIGN®
BOBS®
BOBS SWEET STRIPES®
BOBS SWEET STRIPES BRAND & DESIGN®
BOMBERS®
BRACH’S®
BRACH’S & DESIGN®
BRACHO®
BRACH’S & AMERICAN/BEAUTIFUL CRYSTAL CANDY®
BRACH’S & CHINESE CHARECTERS®
BRACH’S CANDY CORN®
BRACH’S CLUSTERS MILK CHOCOLATE COVERERED PEANUTS®
BRACH’S FIESTA MIX®
BRACH’S FRENCH BURNT PEANUTS®
BRACH’S FRESH CANDY SHOPPE®
BRACH’S KENTUCKY MINTS®
BRACH’S MALTS®
BRACH’S MINT PATTIES®
BRACH’S ORANGE SLICES®
BRACH’S PEANUT CARAMEL CLUSTERS®
BRACH’S PICK-A-MIX®
BRACH’S ROYALS®
BRACH’S STARBRITES®
BRAIN SURGE®
BRITE CRAWLER EGGS®
BRITE CRAWLERS®
BRITE OCTOPUS®
BRITE ROCKS®
BULLIES®
BUNNY BASKET EGGS®
CANDY CORN CRUNCH MIX®
CHAMPAGNE MIX®
CHEWY MIX®
CHICKS & RABBITS®
CHUCKLE®
CHUCKLES®
CHUCKLES CANADIAN JELLS®
CINNAMON IMPERIALS®
CLOWN DESIGN®
COLOR BUBBLES®
COLOR BUBBLES BUBBLE GUM BALLS ASSORTED FLAVORS & DESIGN®
COLORED WORM DESIGN®
COOL GRAPE®
DAE JULIE®
DARLIN MARLIN®
DEEP SEA SOUR FISH®
DEM BONES®
DESIGNER CANES®
DOUBLE DIPPERS®
EGGUMS®
EYE POPPERS®
EYES OF TERROR®
FARLEY'S®
FARLEY’S & DESIGN®
FARLEY’S AND SATHERS®
FAST SNACKERS®
FBF & DESIGN®
FRUIT BUNCH®
FRUIT SNACK FARLEY®
FRUIT STRIP & DESIGN®
FRUIT STRIPE®
FRUIT STRIPE & DESIGN®
FRUIT STRIPE 5 JUICY FLAVORS®
FRUIT STRIPE 5 JUICY FLAVORS & DESIGN®
FRUIT STRIPE GUM STRIPE®
FRUIT STRIPE ZEBRA®
FRUITY BEAR FACTORY & DESIGN®
FRUTIOS®
GREEN TINGLEBERRY®
GUM IT UP!®
GUMMALLOS®
GUMMI PLUS®
GUMMY BEARS & FRIENDS®
GUMMY BEARS & HEARTS & DESIGN®
GUMMY BEARS & HEARTS®
GUMMY BEARS & SCARES!®
GUMMY SQUIRMS®
H.H. MONOGRAM IN DIAMOND DESIGN®
HAMMERHEAD SHARKS®
HARVEST MIX®
HEIDE®
HEIDE & DESIGN®
HEIDE’S®
HEIDI & DESIGN®
HERSHEY’S AMAZIN’ FRUIT®
HH & DIAMOND DESIGN®
HIDE & SEEK EGGS®
HOLIDAY MIX®
HOT DOG!®
HULABERRY®
ICE BLUE MINT COOLERS®
INTENSE FRUIT CHEWS®
JOTS®
JUJUBES®
JUJUBES & DESIGN®
JUJYFRUITS®
JUJYFRUITS & DESIGN®
JUM-BLO®
KENTUCKY®
KIDDIE MIX®
KIDS COMBO®
LOTS’ A POPS®
MAKING SMILES SINCE 1904®
MAMAAND BABY BEAR DEVICE®
MARLIN CHARACTER®
MELLOWCREME®
MELON-O'S®
MEXICAN HATS®
MIGHTY BITE®
MIGHTY BITE WATERMELON®
MILKMAID®
MILK-MAID®
MINT PEARLS®
MONKEY BUSINESS®
MORNINGSIDE®
NOW AND LATER®
NOW & LATER®
NOW & LATER BOY AND GIRL DESIGN®
OCTOPUS DEVICE®
ORCHARD FRUIT®
ORCHARD FRESH®
PARADISE HAZELNUT CRISPS®
PARTY MIX®
PARTY TIME MIX®
PEACH SMASH®
PEACHIE-O'S®
PICK-A-MIX®
PICKAMIX®
PURPLE WILDBERRY®
RAD PACK®
RAD PACK & DESIGN®
RADBERRY®
RAIN-BLO®
RAIN-BLO POPS®
RAIN-BLO POP & DESIGN®
RED HOT DOLLARS®
RED RADBERRY®
RED RASPBERRY DOLLARS®
SASSY HEARTS®
SASSY TARTS®
SASSYTARTS & DESIGN®
SATHERS®
SCARY MIX®
SONIC BOOM®
SOUR INSANITY®
SOUR NEON NIGHT CRAWLERS®
SPECIAL TREASURES®
SPHEROIDS®
SPICE DROPS®
SPLITS®
SPORTS EDGE®
SQUIGGLES®
STAR BRITES®
SUNDAES NEAPOLITAN COCONUT®
SUPER BUBBLE XL®
SUPER BUBBLE®
SUPER BUBBLE BUBBLE GUM & DESIGN®
SUPER BUBBLE ORIGINAL BUBBLE GUM & DESIGN®
SURGIN’ SOUR®
SWEET CHOICE®
SWEET STRIPES®
SWEET STRIPS®
SWEETWISTS®
TERROR EYES®
TONGUE PAINTERS®
TROLLI®
TROLLI CATERPILLARS®
TROLLI OCTOPUS®
TROLLI SQUIGGLES®
TROPIC-O’S®
TRUSTED QUALITY, GREAT TASTE®
VALEN TINY’S®
VERNELL’S®
WET’EM & WEAR’EM®
WILD ‘N FRUITY®
WILD ‘N FRUITY GUMMI BEARS®
WILD ‘N FRUITY SUGAR FREE GUMMI BEARS®
WILD ‘N FRUITY TINY GUMMI BEARS®
WUNDER BEANS & DESIGN®
WUNDER BEANS GOURMET JELLY BEANS & DESIGN®
WUNDERBEANS®
YIPES®
YIPES BITES®
YUMMY GUMMIES®

Licensing and Permissions

To protect our intellectual property, Farley's & Sathers requires a license agreement or written permission from an authorized agent at Farley's & Sathers prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to Farley's & Sathers. Any misuse of intellectual property belonging to Farley's & Sathers is strictly prohibited. For additional information on license agreements and Farley's & Sathers Candy Company, Inc.'s intellectual property, including trademarks and copyrights, contact us at: comments@farleysandsathers.com.

Farley’s & Sathers does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property.

Information Submitted

Any communication or material submitted to this Website, including by electronic mail and/or website submission, is the exclusive property of Farley’s & Sathers and is considered to be non-confidential and nonproprietary. Such communication may include without limitation questions, comments, suggestions, and ideas. Farley’s & Sathers shall be free to use them for any purpose whatsoever without restriction or further compensation. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Farley’s & Sathers’ unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Farley’s & Sathers has no obligation to keep your submissions confidential.

Although Farley’s & Sathers is under no obligation to review or monitor information you submit, Farley’s & Sathers reserves the absolute right to do so in its sole discretion. In addition, Farley’s & Sathers reserves the right to alter, edit, create derivative works, refuse to post or remove any information you submit, in whole or in part, for any reason or for no reason. You agree that Farley’s & Sathers does not have any obligation to use or respond to any submission.

You are responsible for all of your submissions. You may not submit any material misrepresenting yourself as someone else, or by using a false e-mail address. Do not submit any material or links to material that is libelous, defamatory, false, obscene, violent, abusive, threatening, harassing, prejudicial, or is otherwise in violation of the law or the terms of this Agreement.

Disclaimer

Farley’s & Sathers endeavors to maintain the Website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Website or its operation. As to the operation of the Website, Farley’s & Sathers expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Farley’s & Sathers makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not Farley’s & Sathers) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

Limitation of Liability

IN NO EVENT shall Farley’s & Sathers be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Website or any materials in the Website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Website or information available in the website. Farley’s & Sathers shall not be liable even if Farley’s & Sathers or a Farley’s & Sathers authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Links to Other Websites

As a convenience to you, Farley’s & Sathers provides links to Websites operated by others. Farley’s & Sathers makes no representations about websites accessed from this Website which are not maintained, controlled or created by Farley’s & Sathers and does not endorse any linked websites or the information appearing thereon. Links do not imply that Farley’s & Sathers endorses, is affiliated with, or associated with such linked websites.

Indemnification

You agree to indemnify, defend, and hold harmless Farley’s & Sathers, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Website under your direction.

Jurisdiction

Farley’s & Sathers controls and operates the Website from Chicago, Illinois, in the United States of America. Farley’s & Sathers in no way warrants or implies that the materials on the Website are appropriate for use outside of the United States. If you use the Website from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Website in violation of U.S. export laws and regulations. Any claim relating to the Website or your use of it shall be governed by the internal substantive laws of the State of Minnesota, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Minnesota.

Modification of the Website and these Terms

By providing material on this Site, Farley’s & Sathers does not promise that the materials will remain available to you. Farley’s & Sathers reserves the right at any time and from time to time to modify the Website or discontinue providing access to the Website (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Farley’s & Sathers will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

Farley’s & Sathers also reserves the right to change the terms, conditions, and notices for the Website at any time by updating this posting and your use of the Website following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Termination of this Agreement

The terms of this Agreement will continue to apply until terminated by either you or Farley’s & Sathers as set out below. Your right to access and use the Website terminates automatically upon your breach of any of the terms in this Agreement.

Farley’s & Sathers may terminate your access to, and use of, the Website at any time and for any reason. Farley’s & Sathers will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by Farley’s & Sathers that is not caused by your breach of the terms of this Agreement.

The disclaimer, the limitation of liability, indemnification, jurisdiction and applicable law provisions shall survive any termination.

How to Make A Claim of Copyright Infringement

Farley’s & Sathers and its affiliated companies, respect the intellectual property of others and we ask those posting to the Website to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

Identification of the URL or other specific location of this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

Your name, address, telephone number, fax number, and e-mail address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:
INSERT NAME

Farley's & Sathers Candy Company, Inc.

Consumer Affairs

PO Box 28, 1 Sather Plaza

Round Lake, MN 56167

By phone: 507-945-8181

By fax: 507-945-8343

By e-mail: comments@farleysandsathers.com

This contact information is only for reporting copyright infringement.

Severability

If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Farley’s & Sathers to enforce any part of this Agreement shall constitute a waiver of any of Farley’s & Sathers’ rights under this Agreement whether for past or future actions on the part of any person. Neither the receipt of any funds by Farley’s & Sathers nor the reliance of any person on Farley’s & Sathers’ actions shall be deemed to constitute a waiver of any part of the Agreement. Only a specific, written waiver signed by an authorized representative of Farley’s & Sathers shall have any legal effect whatsoever.

No Legal Effect

The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect.

Incorporation of Privacy Policy

Farley’s & Sathers hereby incorporates its Privacy Policy into this Agreement.

Contacting Farley’s & Sathers

You may direct any questions concerning this Agreement to:

comments@farleysandsathers.com

Farley's & Sathers Candy Company, Inc.
Consumer Affairs

PO Box 28, 1 Sather Plaza

Round Lake, MN 56167