Legal/Terms of Use

Michael Foods, Inc. ("Michael Foods") operates the web site located at www.michaelfoods.com (the "Site") to provide online information about Michael Foods and its products (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions are also posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions, together with such additional terms and conditions where applicable, are referred to as this "Agreement."

By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas.

Michael Foods reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

1. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Michael Foods or its partners, affiliates, contributors or licensors.

The use or misuse of the Content on the Site, except as provided in these Terms of Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited. You may use the Site, the Service and the Content solely for your personal, non-commercial use as follows: You may print copies of the information on the Site for your personal use, store the files on your computer for personal use, or reference this server from your own documents. You may not otherwise copy, distribute or display any Content without Michael Foods' express written consent. Subject to this limited license, Michael Foods reserves all right, title and interest in all Content.

2. User Submission of Ideas and Other Material. Michael Foods, Inc. and its family of companies appreciate hearing from customers. However, this website is not a solicitation for original or creative ideas, and such material should not be submitted to us. You are cautioned that any original or creative material that you send to us, including ideas for new products, new product names, recipes, new promotions, new technologies or processes, new marketing plans or new advertising campaigns, will be considered the exclusive property of Michael Foods, Inc. That means:

  • Ideas and other material that you submit to us will not be treated as confidential.
  • Michael Foods, Inc. will become the sole and exclusive owner of any ideas or other material that you submit.
  • You will not be entitled to any compensation for ideas or other material that you submit to us.

The purpose of this policy is to avoid potential misunderstandings and disputes. Michael Foods, Inc. actively works to develop its own original and creative ideas for products, products uses, food technologies and product promotion. We therefore assume no obligation or liability for unsolicited ideas and other material that are similar or identical to any products, product uses, food technologies or product promotions of the Michael Foods, Inc. family of companies.

3. Third Party Links. Hypertext links to third-party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Michael Foods of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that Michael Foods is not responsible for the availability of any such web site, and that Michael Foods does not endorse or warrant, and is not responsible or liable for, any such web site, its content, or the acts or omissions of operators of any such web site.

4. Food Information. The Site may from time to time provide information about food preparation methods and nutrition information. This information is not intended to be comprehensive and should not be substituted for information available from the Department of Agriculture, your local Department of Health, or other government sources.

5. International Use. Michael Foods makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

6. Disclaimers of Warranty. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. MICHAEL FOODS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MICHAEL FOODS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.

MICHAEL FOODS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MICHAEL FOODS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

7. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL MICHAEL FOODS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MICHAEL FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MICHAEL FOODS'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

8. General Provisions. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Michael Foods of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Michael Foods reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Michael Foods does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Copyright 2005, Michael Foods, Inc. All rights reserved.


 
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