terms of use

Overview

This website www.snyderslance.com is owned and operated by Snyder’s–Lance, Inc. (“S–L,” “us” or “we”). These Terms of Use apply to www.snyderslance.com and any other website offered by us, which references or links to these Terms of Use (the “website”). The website is provided and maintained by S–L for the entertainment, education and information of S–L customers, investors and those interested in S-L products.

Agreement to Terms

Any and all use of or access to this website shall be governed by this Terms of Use, which may be changed from time to time without notice. This Terms of Use was last modified on June 16th 2016. By using the Site following any changes to these Terms of Use, you agree to be bound by any such changes to these Terms of Use.

By using or accessing this website, you expressly agree and acknowledge that you have read, understand, accept and agree to be bound by this Terms of Use and any and all other policies, rules or terms of use, including but not limited to the Privacy Policy, attached hereto and incorporated herein by reference, and the rules covering any and all contests or sweepstakes that may be available at or through this website from time to time. If you do not accept and agree to these terms, please immediately discontinue any and all use of this website. Your continued use of this website will indicate your agreement with any changes in this Terms of Use or any other policies, rules or terms on this website.

Intellectual Property/Content Ownership and Use

Unless otherwise expressly noted, all of the content of this website (including, without limitation, the text, images, information, trademarks, trade dress, data, look and feel, selection and arrangement, design and organization, and other materials found on this website) is the property of S-L and/or one of its affiliates, subsidiaries, licensors or licensees; and is protected by the copyrights, trademarks, trade dress, patents and/or other intellectual and proprietary rights of S-L and/or one of its affiliates, subsidiaries, licensors or licensees, all rights reserved. Any use (including, without limitation, viewing, copying, printing, modifying, transmitting, transferring, downloading, adapting, linking to and/or exploiting) of this website or any of its content, that is not expressly permitted by this Terms of Use or by the express written consent of S-L, is prohibited.

You are hereby expressly permitted to display the pages of the website for your own personal use and to download and print out for your own personal use or as a record of correspondence (and no other commercial use) one copy of any of the viewable content of this website. No right, title, license or interest in any downloaded content is transferred to you as a result of any such downloading or copying. Any unauthorized use, copying, alteration or display of the content found on this website is strictly prohibited. You are hereby advised that S-L and/or its affiliates, subsidiaries, licensors or licensees will aggressively enforce all of its intellectual property rights to the fullest extent of the law, including seeking any appropriate civil or criminal penalties. For inquiries about downloading or printing content, or about linking to this website, please contact S–L at the address below.

Please be specifically advised that the content of this website includes, without limitation, the names, logos, images, slogans, trademarks, service marks, product designs, packaging and trade dress of the S-L products displayed on this website (the “Marks”), and such Marks are subject to the trademark rights of, and are proprietary to, S-L, its affiliates, subsidiaries, and their respective licensors and licensees. Many of the Marks are Registered Trademarks ® of Lance Mfg. LLC or SOH IP Company, Inc.; while others are subject to other trademark, service mark, trade dress, copyright © and/or other intellectual property rights of Lance Mfg. LLC, SOH IP Company, Inc., Snyder’s-Lance, Inc. and/or the affiliates, subsidiaries, licensees or licensors of Lance Mfg. LLC, SOH IP Company, Inc. or Snyder’s–Lance, Inc. No unauthorized use may be made of this content. These Terms of Use do not grant any license or other authorization or right to use the Marks.

S-L reserves the right, at any time, to modify, suspend or discontinue our website and/or any content provided on the website without notice to you.

Prohibition on use/Enforcement of terms

S–L may at any time, for any reason, prohibit your further use of this website or its content. We may also take any action that we deem necessary to enforce this Terms of Use agreement and to protect against unlawful or improper use of this website. These actions include, but are not limited to, terminating or suspending your purchase order or registration for a service through this website, blocking the display of some or all of the content of the website, contacting and cooperating with the police or other authorities (including, but not limited to, providing information in response to requests for information and subpoenas), and taking legal action against you. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against S-L for any failure by us to enforce this Terms of Use. S-L’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

Purchases

If you place orders through this website, you will be asked to provide certain information about yourself, such as your name, address and credit card information. You may not provide incomplete or inaccurate information (the purchase form will indicate what information is required, and what is optional, and you may also check our Privacy Policy for further information on the collection and distribution of information by S–L).

You agree to pay the price that is stated at the time of your election to purchase a particular product, along with any applicable sales taxes, shipping and delivery charges. Prices and availability of products are subject to change without notice. S-L reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Unless otherwise specified, all charges are nonrefundable. Please see our Refund Policy for products purchases through our online store. You represent and warrant that you have the legal right to use the credit card(s) or other payment method(s) utilized in connection with any transactions on the Site.

Any credit card or debit card payments made by you via the website are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. Please review all payment and transaction policies available on the website and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms of Use. Generally, credit and debit cards are not charged until we either ship the item(s) to you or confirm availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges).

You are responsible for any use of this website by anyone using your credit card number, password or other identifier. You are also responsible for activities that occur within your S–L account. Thus, if for any reason you suspect that your credit card, password or other identifying information has been compromised, you should contact S–L immediately.

Orders

S-L, or a representative on our behalf, may confirm an online order by phone and may request additional information to verify the legitimacy of the order or the identity of the purchaser. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address or other contact information you have provided to us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.

We attempt to be as accurate as possible and eliminate errors on the website; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Contests, Sweepstakes and Promotional Games and Activities

From time to time, this website may host or include notices of promotions, contests, sweepstakes or other activities S-L or its affiliated companies are conducting. Any and all contests or promotions referenced or conducted via this website are subject to the terms and conditions of each individual contest or promotion. Please review the official contest rules carefully. In the event there are any differences between the rules or policies governing the individual contest or promotion and the general rules and policies contained on this website (including, for example, this Terms of Use and this website’s Privacy Policy, the rules or policies specific to the contest or promotion shall control.

Accounts and Passwords

If you set up an account via the website, for example to apply to a job or to login to an Independent Business Owner account, you are required to complete a profile and submit certain personal information to S-L. We may issue you, or enable you to establish, a username and password for the website. You are responsible for maintaining the confidentiality of your account information and account password, and for any activity that occurs under your account, including any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You will (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the website. You may not use anyone else’s password or account at any time on the website. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by S-L or any other user to the website if your failure to keep your account information secure and confidential results in someone else’s use of your account, password and account information.

Disclaimer of Warranties and Limitation of Damages

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, including, without limitation, any materials, information, content, services, products, text, graphics and links thereon, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, S-L (including, for purposes of this “Disclaimer of Warranties and Limitation of Damages” section of the Terms of Use, Snyder’s-Lance Inc. and its officers, directors, employees, agents, affiliated companies, successors, assigns, third-party service providers and any other party involved in creating, producing or delivering this website or any of the content, products or services available on or through this website) DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, non-infringement, non-interference, system integration, data accuracy, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, S-LMAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THIS WEBSITE, OR THE INFORMATION, CONTENT, DATA, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, USEFULNESS, TIMELINESS, SECURITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE; AND/OR (IV) THAT THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM OR ON BEHALF OF S-L ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S-L DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF S-L.

UNDER NO CIRCUMSTANCES SHALL S-L BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO S-L’S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS WEBSITE. S-L SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF S-L HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF S-L TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, EXCEED the greater of (A) $10 (UNITED STATED DOLLARS), or (B) the amount paid by you for PRODUCTS purchased through the WEBSite AND that are the subject of the claim. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Electronic Communications

The communications between you and us use electronic means, whether through the website or via email.  For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing.

Disclaimer With Respect to Other Internet Sites

S–L has not reviewed all of the sites, or content of sites, that may be accessed by or linked to this website. S-L is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this website. Viewing of any and all other websites shall be at your own risk.

Severability

The provisions of this Terms of Use are intended to be severable. If for any reason any provision of this Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Indemnification

You agree to defend, indemnify, release and hold harmless S–L, including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of S-L from all liabilities, losses, damages, costs, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this website or its content, your breach or violation of the law, your violation of any third party right or your violation of these Terms of Use, or of any activity otherwise related to your use of the website (including negligent or wrongful conduct), by you or any other person accessing the website using an account registered to you. S-L reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with S–L in asserting any available defenses.

Submission of Information and Other Content

  1. License: To the extent that portions of this website permit you to send e-mails, submit information for contests or other promotions, or otherwise submit content (including, without limitation, questions, requests, comments, recipes, suggestions, stories, ideas, inventions, information, data, images, likenesses or text) to S-L and/or this website, whether or not such content is viewable in chat rooms or otherwise on this website, please be advised that by submitting such content you grant S-L a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable license to any rights you have in the content submitted, including, but not limited to, the rights to use, display, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline. S-L may treat any communication between you and S-L as non-confidential and non-proprietary. S-L is free to use any ideas, techniques, inventions, concepts, recipes, know-how or other information that you provide to S-L for any purpose whatsoever, including but not limited to any development of products or methods, manufacturing and marketing activities, sales material or efforts, or any other business use, without compensation or remuneration.
  1. Standards: You agree not to submit any content to S-L that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors or child pornographic; (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other harmful components, including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) constitutes unsolicited junk or bulk e-mail (“spam”); or (f) is otherwise tortious or criminal.
  1. Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit to us. You further agree to defend, indemnify and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
  1. Monitoring of Content / Removal: You agree that S–L has no responsibility to monitor, review, edit or control any content or other information that you or others submit to the website. You further agree that S-L may modify, remove or refuse to accept any content on this website for any reason. In certain cases, your access to the website may permit you to modify or remove content that you previously submitted. At your request, S-L may also modify or remove content that you submitted. Please note that we may also decline to modify or remove content that you submitted, despite your request. In addition, we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by another person or entity.
  1. Privacy: The privacy of any information that you submit to S–L through this website will be governed by the S-L Website Privacy Policy. In the event of a conflict between the language of this Terms of Use and the S–L Website Privacy Policy, the Privacy Policy controls.
  1. No Endorsement / Recommendation: You agree that by displaying the content that you or others submit to this website, S-L does not endorse or recommend any of the information submitted by you or others. In fact, S-L does not endorse, recommend, or take any responsibility for any content submitted to this website by any third party.

Access Limits and Restrictions on Use

Without S–L’s express consent, you may not: (a) link to this website; (b) use any automated means to access the website or collect any information from the website, including without limitation robots, spiders or scripts; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages. Under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this website or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others or attempt to penetrate security measures of the systems of S-L or its affiliates (“hacking”), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to S-L or by means of this website unauthorized or unsolicited advertising, junk or bulk e-mail (“spam”), or any other form of unauthorized or unsolicited transmission. You agree that you will not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

Governing Law and Jurisdiction

You agree that the laws of the State of North Carolina, without regard to its conflict-of-law provisions, will govern any action relating to this Terms of Use and/or your use of this website. By using the website, you agree to the jurisdiction of and venue in the state and federal courts of the State of North Carolina, County of Mecklenburg, for any litigation that may arise out of, or be related to, these Terms of Use and/or your use of the website. You agree to waive any objection based on forum non conveniens or any objection to venue in Charlotte, North Carolina, of any such action.

International Use

The website is operated out of the United States of America. S–L makes no representation that this website or its content are appropriate for or available to locations outside the United States of America, and using this website from territories where it is illegal to do so is prohibited. Such is done at your own risk and you are responsible for compliance with all local laws.

Forward Looking Statements Disclosure

This website contains certain statements regarding Snyder’s–Lance, Inc. (NASDAQ-GS: LNCE) including statements regarding the financial position and cash flows, financial trends, reported financial results, trends, forecasts and other information that may constitute forward-looking statements within the meaning of the federal securities laws. These forward looking statements may be based upon assumptions and estimates made by Snyder’s-Lance, Inc. each of which are subject to risks and uncertainties. You can identify such forward-looking statements by use of words such as “estimates,” “plans,” “believes,” “expects,” “hopes,” “will,” “intends,” “targets,” “objectives,” “goals,” “forecasts, ” and other words of similar meaning or certainty. Forward-looking statements may also be identified by the fact that they do not strictly relate to historical or current facts. For each such statement Snyder’s-Lance, Inc. claims the protection of the safe harbor for forward-looking statements provided by the Private Securities Litigation Reform Act of 1995. Demand for Snyder’s-Lance, Inc.’s products and services are subject to intense competition, changes in consumer preferences and economic conditions. Actual results could differ materially from the forward-looking statements found on this website. Factors that may cause actual results to differ materially from the forward-looking statements include price competition, industry consolidation, raw material costs, effectiveness of sales and marketing activities, effective development of new products, brands, and markets and the operation of a leveraged business as described in Snyder’s-Lance, Inc.’s filings with the United States Securities and Exchange Commission. We caution you that the above list of important factors and forward-looking statements are not exclusive. We refer you to the filings that Snyder’s-Lance, Inc. has made with the United States Securities and Exchange Commission. They may discuss new or different factors that may cause actual results to differ materially from those forecast. All forward-looking statements and information included in this website speak only as of the date the information is posted on the website, and we do not undertake any obligation to update such information after it is posted to the website or to remove such information from this website if it is no longer accurate or complete. This website may also contain information concerning the stock of Snyder’s-Lance, Inc. and other companies. That information may include stock quotes. The Snyder’s-Lance, Inc. stock price and other stock prices which may be found on or accessed from this website are delayed a minimum of twenty minutes, and are provided for informational purposes only. The information contained or made available on or through this website is not intended for trading purposes. All such stock information is provided on this website by a third-party information provider. Snyder’s-Lance, Inc. and its stock information provider(s) make no warranties as to the accuracy or timeliness of the information found on this website or its suitability for any particular purpose and shall not be liable for any inaccuracies or delays in the stock quotes or other information or for any actions you might take in reliance thereon.

Notice/Contact

Please address any questions or correspondence to: Snyder’s–Lance, Inc., Attn: Consumer Affairs, P.O. Box 32368, Charlotte, NC 28232, 1–800–99–LANCE, To contact Snyder’s–Lance, Inc. by email, please use the form on the Contact Us page in our website. Legal notices must be sent to Snyder’s–Lance, Inc.’s postal mail address, with “Attention: Legal Department” substituted for “Consumer Affairs” in the mailing address. Notice will be considered given upon receipt. Snyder’s-Lance, Inc. may contact you and communicate official notices to you at your e-mail address, postal mail address, home or work address, telephone number or fax number. Snyder’s–Lance, Inc. is entitled to assume that any address information that you provide to us is correct. Notice to you will be considered given when sent.