Please Read These Terms Carefully Before Using This Site

This Website (“Site”) is provided by Uncle Harry’s®, Inc. (the “Company” or “Uncle Harry’s®”) and may be used for informational purposes only. By accessing this Site, downloading or using materials from this Site and/or uploading or sending materials or information to this Site, you agree to abide by these terms and conditions. If you do not agree, then you should not use this Site.

Your Use of the Site

Subject to your compliance with the terms and conditions set forth herein, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials hereon. You agree not to interrupt or attempt to interrupt the operation of this Site in any way or circumvent or attempt to circumvent any security feature of this Site. The Company authorizes you to view, download, copy and print the information (“Materials”) on this Site only for your personal, informational, non- commercial use. This authorization is not a transfer of title or intellectual property rights in the Materials, and/or copies of the Materials and is subject to the following restrictions:

•You must retain, on all copies of the Materials downloaded, all copyright, trademark and other proprietary notices contained in the Materials.
•You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose, unless the Company has granted permission to do so.

•You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions of Use.

You agree to abide by all additional restrictions displayed on this Site. The Company reserves the right to update the Site from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Submissions

Subject to our Privacy Policy, all remarks, suggestions, ideas, graphics, or other information communicated to Uncle Harry’s® through this Site (together, the “Submission”) will forever be the property of Uncle Harry’s®. Subject to our Privacy Policy, Uncle Harry’s® will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Uncle Harry’s® operations. Without limitation, Uncle Harry’s® will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Uncle Harry’s® will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. By providing any Submission to the Company, you grant to the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that the Company and its designees are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Company. Personally identifiable information that may be received at this Site is provided voluntarily by a visitor to this Site. Except as provided in our Privacy Policy, this information is for internal purposes only and is not sold or otherwise transferred to third parties or to other entities who are not involved in the operation of this Site.

You acknowledge that you are responsible for whatever material you submit, and you, not the Company have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further recognize that the Company does not want you to, and you warrant that you shall not, provide any information or material to the Company that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Third Party Sites

As a convenience to you, the Company may provide, on this Site, links to websites operated by other persons and entities. If you use these other websites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other websites before you use them. The Company makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. If you choose to purchase any product or service from a third party your relationship is with that third party. You agree that the Company is not responsible for the quality of third party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. You agree that the Company is not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links do not imply that the Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.

Changes

The Company reserves the right in its sole discretion, at any time and without advance notice, to change, modify, add or remove any portion of these Terms and Conditions of Use in whole or in part, at any time, and any such change will be effective when notice of such change is posted. Your continued use of this Site after any changes to these Terms and Conditions of Use are posted constitutes your acceptance of those changes.

The Company may terminate, change, revise, modify, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts or the entire Site without advance notice and without liability. The Company may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. You may terminate this agreement by destroying: (a) all Materials obtained from this Site and any other Uncle Harry’s website, and (b) all related documentation and all copies and installations.

Code of Conduct

You agree to use this Site only for lawful purposes. You are prohibited from posting or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that gives or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

The Company reserves the right to prohibit conduct, communications or content that Uncle Harry’s®, in its sole discretion, deems to be harmful to individual users, us, the Uncle Harry’s® brand, or any third party or that violates applicable law. If we are notified of any defamatory, damaging, illegal or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from this Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or governmental request; (ii) if such disclosure is necessary or appropriate to operate this Site; or (iii) to protect the rights or properties of the Company, its affiliates, our users and our Providers, as defined below.

Privacy and Security

We are committed to safeguarding your privacy when you visit this Site. Our use of your personally identifiable information is set forth in our Privacy Policy, and by accessing our Site you agree to be bound by our Privacy Policy. Please be advised that while we will utilize certain tools to prevent the unauthorized access to or interception of your personally identifiable information, there can be no guarantee of security. IN THE EVENT THAT AN UNAUTHORIZED THIRD PARTY INTERCEPTS OR ACCESSES YOUR INFORMATION, DESPITE OUR PROTECTIVE MEASURES, THE COMPANY WILL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT YOU MAY SUFFER, EVEN IF WE OR A THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE INFORMATION YOU PROVIDE WILL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

Trademark Information and Ownership of Intellectual Property

Uncle Harry’s® is a registered trademark of Uncle Harry’s®, Inc. (“Uncle Harry’s®, Inc”) and is registered in the U.S. and other countries. The absence of a product or service name or logo belonging to Uncle Harry’s®, Inc. anywhere in the text of this Site does not constitute a waiver of Uncle Harry’s® trademark or other intellectual property rights concerning that name or logo used or referenced on this Site.

The trademarks, logos, service marks, and all other source identifying names and graphics displayed on this Site, and this Site and all of its contents including, but not limited to, all text, images and audio (collectively, the “Intellectual Property”), are owned and copyrighted by Uncle Harry’s®, Inc. or others with all rights reserved unless otherwise noted. Uncle Harry’s®, Inc. does not permit the use of its Intellectual Property in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without Uncle Harry’s®, Inc.’s prior express written permission.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without the prior express written permission of Uncle Harry’s®, Inc. or such other third party that may own the Intellectual Property. Your use of the Intellectual Property, or any other content on this Site, except as provided in these Terms and Conditions of Use, is strictly prohibited. You are also advised that Uncle Harry’s®, Inc. will aggressively enforce intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

No Warranties; Limitations of Liability

You expressly agree that your use of this Site is at your sole risk. Neither the Company, nor its affiliates, parents or subsidiaries, nor any of our or their officers, directors, employees, agents, third party content providers, sponsors, licensors or the like (collectively, “Providers”) warrant that this Site will be continuous, uninterrupted or error-free; nor do we make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability or currency of any content, information, product or service provided through this Site.

THE MATERIALS IN THIS SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.

THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES, PARENTS OR SUBSIDIARIES (INCLUDING THEIR AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL INFORMATION, SERVICES AND PRODUCTS AVAILABLE THROUGH THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW OR, IF NOT PERMITTED AT ALL, TO THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, parents and subsidiaries, and their directors, officers, employees, agents and representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms and Conditions of Use; (ii) your violation of the Code of Conduct set forth above; and (iii) your activities in connection with this Site.

International Users and Choice of Law

This Site is controlled, operated and administered by the Company and its service provider designees from its offices within the United States of America. The Company makes no representation that Materials on this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the Commonwealth of Virginia, U.S.A., without regard to conflict of laws provisions or principles.

Termination

Uncle Harry’s® or you may terminate this agreement at-will at any time, with or without advance notice or cause. You may terminate this agreement by destroying: (a) all Materials obtained from this Site and any other Uncle Harry’s® website, and (b) all related documentation and all copies and installations.

Entire Agreement, Claims Limitations and Severability

These Terms and Conditions of Use, together with our Privacy Policy, constitute the entire agreement between the Company and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent there, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.

©2010 Uncle Harry’s®, Inc.