Applicability and Acceptance of Terms and Conditions of Use Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of Flowers Foods’ web sites that include www.flowersfoods.com, www.naturesownbread.com, www.mrsfreshleys.com, www.cobblestonemill.com, www.sunbeambread.com, www.bluebirdcake.com, www.bunnybakery.com, www.butterkrust.com and www.europeanbakers.com (collectively, “our web sites”). Flowers Foods, its subsidiaries and affiliates, and their employees, officers, directors, and agents are collectively referred to in these Terms and Conditions as “Flowers Foods,” “we,” “our,” or “us.” By accessing and using our web sites, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site. Flowers Foods may take any action it deems appropriate, including, but not limited to, restricting your access to our web sites or terminating our services to you if we determine, in our sole discretion, that you have violated these Terms and Conditions.
Other Applicable Terms and Conditions These Terms and Conditions do not govern services available from Flowers Foods (even those services that may be ordered or provided by us through our web sites) to the extent that any specific terms and conditions apply to such services. Those services are instead governed by the specific agreements, policies, instructions, statements, laws, and regulations relating to such services, and such governing documents will control in the event of a conflict with these Terms and Conditions or any material contained on our web sites.
Contact Us For further information or to contact us with questions, concerns, or comments, you may send an email to the Flowers Foods Webmaster. Although we will, in most circumstances, be able to receive your email through our web sites, we do not guarantee that we will receive all such email timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.
Revisions to Terms and Conditions Please refer to these Terms and Conditions regularly. We may at any time and without prior notice revise these Terms and Conditions by updating this posting. Your continued use of our web sites following posting of changes to these Terms and Conditions signifies that you accept such revisions.
Copyright All content included on our web sites and their related software is our property or the property of our content providers, and is protected by copyright law. We and our content providers retain all right, title, and interest in our web sites’ content. We grant you the nonexclusive, nontransferable, limited, and revocable right to print individual pages from our web sites, without alteration, for your own personal, noncommercial use, and for your consideration in connection with the possibility of doing business with us. Except as allowed in these Terms and Conditions , you may not produce, publish, transmit, distribute, display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the contents of our web sites or any related software without the prior written consent of us or our content providers.
Trademarks All trademarks, characters, and service marks, and the other source identifying names, graphics, and logos (collectively “Trademarks”) displayed and used on our web sites belong to us or have been licensed to us. The Trademarks may not be used without our prior written permission. We do not permit the use of our Trademarks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without our prior written approval. Nothing contained in our web sites should be construed as granting any license or right to use any Trademarks displayed and used on our web sites. Any use and/or misuse of the Trademarks displayed and used on our web sites, or any other content on our web sites, except as provided in these Terms and Conditions, is strictly prohibited.
Intellectual Property Protection We will aggressively enforce our intellectual property rights to the fullest extent of the law, including criminal prosecution.
DISCLAIMER OUR WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OUR WEB SITES, ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF OUR WEB SITES, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEB SITES. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEB SITES AND MATERIAL ACCESSIBLE FROM OUR WEB SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR WEB SITES INCLUDE INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE INFORMATION ON OUR WEB SITES BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH INFORMATION BEFORE ACTING OR RELYING THEREON, OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH, AND YOU MUST EXERCISE YOUR OWN INDEPENDENT INVESTIGATION AND TECHNICAL AND BUSINESS JUDGMENT. WE ARE NOT RENDERING YOU ANY PROFESSIONAL OR FINANCIAL SERVICES, ADVICE BY VIRTUE OF OUR WEB SITES, OR ANY COMMUNICATIONS IN CONNECTION WITH OUR WEB SITES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE INFORMATION, CONTENT, OR SERVICES ON OUR WEB SITES OR THE ACCURACY OR RELIABILITY OF SUCH INFORMATION, CONTENT, OR SERVICES. WE RESERVE THE RIGHT, WITHOUT NOTICE, AND AT OUR SOLE DISCRETION, TO DENY ANY USER ACCESS TO OUR WEB SITES OR ANY PORTION THEREOF. YOUR USE OF OUR WEB SITES IS AT YOUR OWN RISK.
Your Use of Our Web Sites You may access our web sites to browse and to use our services for only lawful purposes including, but not limited to, (i) gathering information about us and our products and services, (ii) gathering general baking and nutritional information, (iii) registering for contests or sweepstakes, and (iv) accessing and playing online games for children. You may not use or allow others to use our web sites or our products or services for any unlawful purposes or engage in any activity that harms us or impairs any other user’s use or enjoyment of our web sites, products, or services, subject to our sole determination. As a condition of your use of our web sites, you represent and warrant to us that you will not use our web sites for any purpose that is unlawful, immoral, or prohibited by these Terms and Conditions and/or other notices.
Financial We may make financial information available through our web sites, which may or may not be audited. The information in our web sites may attempt to predict trends, which may or may not prove to be accurate. We consider portions of our web sites to be forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of The Securities Exchange Act of 1934, as amended. Forward-looking statements are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy, and some of which might not be anticipated. Future events and actual results, financial and otherwise, may differ materially from the results discussed in any forward-looking statements on our web sites. Factors that might cause such a difference include, but are not limited to the following: (1) local market conditions; (2) governmental laws and regulations; (3) general economic conditions; (4) interest rates; (5) our ability to obtain favorable financing; and (6) other risks detailed from time to time in filings with the Securities and Exchange Commission.
Links We may, from time to time, provide links to other outside web sites. We make no endorsement of web sites that link to or from our web sites. We are not responsible for such linked web sites or the content of any of the linked web sites. We provide these links as an additional resource for users of our web sites and make no representations regarding the content of any linked web site or any companies that own, control, or manage the linked web sites. Consequently, we are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by web sites linked to or from our web sites.
LIMITATION OF LIABILITY WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, OUR WEB SITES OR INFORMATION, SERVICES, OR FUNCTIONS ON SUCH SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR ASSOCIATED WITH OUR WEB SITES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE LESSER OF $10.00 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEB SITES.
Indemnification You hereby agree to defend, indemnify, and hold harmless Flowers Foods from and against all claims, damages, awards, and expenses, including attorneys' fees, arising out of or resulting from your use of our web sites.
Choice of Law These Terms and Conditions, all information on our web sites, and all disputes arising out of, or relating to, our web sites are governed by, and will be construed in accordance with, the laws of the State of Georgia and of the United States of America without giving effect to principles of conflicts of law. The venue for any matter relating to or arising from our web sites will be in a state or federal court of competent jurisdiction in the State of Georgia.
General Your use of our web sites is unauthorized in any jurisdiction that prohibits full effect to all provisions of these Terms and Conditions, or jurisdictions where any portion of our web sites may violate any law. You agree not to access our web sites in any such jurisdiction. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
This is the entire agreement between Flowers Foods and you relating to the subject matter herein, and it will not be modified except in writing signed by both parties. For purposes of these Terms and Conditions, all references to written permission and writings that bind us indicate the physical signature of an officer of Flowers Foods on a document setting forth the entire agreement of the parties with respect to the subject matter at issue. These Terms and Conditions supersede all prior communications and proposals, whether electronic, oral, or written, between you and Flowers Foods with respect to our web sites, except as otherwise indicated herein.
This document was last updated on February 7, 2005.