These Terms of Use (Terms) set forth the terms and conditions that apply to your use of Louisa Food Products, Inc. (Louisa Foods) website. By using the website you agree to comply with all of the Terms of Use that follow.
The right to use the website is personal to you and is not transferable to any other person or entity.
Content on this website, including artwork, graphics, photographs, images, screen shots, text, digitally downloadable files, video clips, trademarks (including the LOUISA brand), logos, product, slogans, and any compilations of the foregoing (Website Content) is the property of Louisa Foods and is protected by United States and other copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the Website Content, whether in electronic or hard copy form, without first obtaining the written permission of Louisa Foods.
There is one exception: you may download material that we allow you to access provided you don’t delete or change any copyright, trademark or other proprietary notices. You are not allowed to sell the material—or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use without knowledge of our intellectual property rights.
We may provide hyperlinks to third-party websites as a convenience to users. We do not control such third-party websites and are not responsible for the contents of their websites. We do not endorse, recommend or approve any hyperlinked third-party website. You understand and agree that we have no liability for the content or use of the content available through such hyperlinks.
The information and materials on the website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
LOUISA FOODS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR DISCLAIMER OF WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LOUISA FOODS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL LOUISA FOODS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEBSITE; (2) THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF LOUISA FOODS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LOUISA FOODS’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, LOUISA FOODS’ LIABILITY FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR WEBSITE.
You agree to indemnify, defend and hold harmless the website, Louisa Foods and its officers, employees, agents and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any violation of these Terms by you.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Missouri without regard to conflicts of laws principles. By using this website, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Missouri. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Louisa Foods shall have the right at any time to change these Terms, or change the website, including eliminating or discontinuing any Web Content, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately simply by updating this posting and without notice to you. Your use of the website shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these Terms periodically to ensure familiarity with the most current version.
Both you and Louisa Foods acknowledge and agree that no partnership is formed and neither you nor Louisa Foods has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and Louisa Foods, and is accepted by you upon your use of the website. These Terms constitute the entire agreement between you and Louisa Foods regarding the use of the website.
The failure of Louisa Foods to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Louisa Foods, shall not be deemed a breach of these Terms. If Louisa Foods fails to act with respect to your breach or anyone else’s breach on any occasion, Louisa Foods is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between us relating to the website, and replaces any prior understandings or agreements (whether oral or written) regarding the website. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The website and any promotions contained thereon is void where prohibited.
These Terms constitute a binding agreement between you and Louisa Foods, and constitute the entire agreement with respect to your use of this website. By using the website, you are deemed to have accepted these Terms, and to agree to adhere to the provisions herein.