Terms Of Use

frommfamily.com TERMS OF USE

Introduction.

These Terms of Use (“Terms”) are entered into by and between you and Fromm Family Foods, LLC, a Wisconsin limited liability company (“frommfamily”). In consideration of your use of and access to frommfamily.com (“frommfamily Site”) and the frommfamily microsite dedicated to your retail location, you agree that your use of the frommfamily Site will be governed by these Terms, and intending to be legally bound, you and frommfamily hereby agree as follows:

Your access to and use of the frommfamily Site is subject to these Terms, and other policies, as well as any modifications to them issued by frommfamily from time to time and all applicable laws and regulations. If any individual portion of the frommfamily Site, such as frommfamily’s mobile application(s), set forth separate or additional terms and conditions of use, privacy statement, or other policy (“Separate Terms”), then those Separate Terms as modified from time to time shall apply in connection with your use of that platform. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE FROMMFAMILY SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the frommfamily Site.

Among other things, the frommfamily Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them from our authorized retailers. These Terms and the information provided by the frommfamily Site in no way override the terms and conditions of your purchase of any product except as specifically provided herein. To the extent any area within or feature offered by the frommfamily Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.

Compliance with Laws and these Terms.

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the frommfamily Site. You further agree to comply with all of these Terms. You must be at least 18 years old to use the frommfamily Site. If you are not at least 18 years of age, discontinue use of the frommfamily Site.

Use of the frommfamily Site.

In connection with your submission of content or other interaction online with your frommfamily microsite, and in connection with your use of our other programs, you may be asked to provide certain identifying information, such as your name and password (collectively referred to as “Registration Information”). You agree to provide true and accurate Registration Information that is current and complete. If you provide Registration Information that is untrue, inaccurate, not current or incomplete (or if frommfamily suspects that such Registration Information either is or has become untrue, inaccurate, not current or incomplete), frommfamily may suspend or terminate your account and refuse any and all current or future use of the frommfamily Site, microsite or any portion thereof.

Submissions

Except as otherwise expressly provided herein, any videos, photos or other materials (each, a “Submission”; collectively, the “Submissions”) posted or uploaded through the frommfamily Site or to the frommfamily.com microsite, by electronic mail or otherwise, is and will be treated as NON-CONFIDENTIAL and NON-PROPRIETARY and may be used by frommfamily or its affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, frommfamily and its affiliates and related entities are free to use any Submission you post or upload to the frommfamily Site or the frommfamily.com microsite, for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services. frommfamily has no obligation to review, consider, or use your Submission, or to return to you all or part of any Submission for any reason.

By posting or uploading any Submission through the frommfamily Site, you agree that such Submission does not violate any provisions of the Standards for Content section below. You further agree that you are automatically granting an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use the Submissions you transmit. You agree to irrevocably waive, to the fullest extent possible, any claims of publicity or moral rights, or attribution with respect to the Submissions you transmit.

Notice and Procedure for Making Claims of Intellectual Property Infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please notify the frommfamily copyright agent in writing (the “Notice”). The Notice must include all of the information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the frommfamily Site, including the frommfamily item number, if applicable;
  • Your address, telephone number, facsimile number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
  • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The Notice must be sent by mail or e-mail to the frommfamily Copyright Agent, as follows:

Mawicke & Goisman, S.C.

Attn: Copyright Agent

1509 North Prospect Avenue
Milwaukee, WI 53202

E-mail: info@mawickelaw.com

Links to Third-Party Sites.

Links to other Internet sites, social media pages, or other platforms operated by third parties, including frommfamily vendors, do not constitute sponsorship, endorsement, or approval by frommfamily of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by frommfamily, and frommfamily is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Disclaimer and Limitation of Liability as to the frommfamily Site and its Content.

FROMMFAMILY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE FROMMFAMILY SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. FROMMFAMILY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE FROMMFAMILY SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FROMMFAMILY SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE FROMMFAMILY SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY SUBMISSION ARISING THROUGH OR AS A RESULT OF USE OF THE FROMMFAMILY SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL FROMMFAMILY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE FROMMFAMILY SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF FROMMFAMILY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Standards for Content.

These Standards govern the posting of content through the frommfamily Site, including on any microsite, and use of microsite functionality and features (“frommfamily Features”), including posting or uploading videos, photos, or other materials and the use of any other type of frommfamily Features that frommfamily may offer now or in the future. Use of the frommfamily Features is limited to persons 18 years or older.

  • In general, these are public areas and sites and any information you post may be seen by anyone using the frommfamily Features. Therefore, do not post personal information or any other information that you do not wish to have made public, except in areas that are clearly marked as “Private Contact Information”. Only in those areas that are clearly marked as “Private Contact Information” may you confidentially enter your email address, last name, and personal telephone number. If you post personal information or any other information that you do not wish to have made public in any areas that are not clearly marked as “Private Contact Information”, then you will be solely responsible for any adverse consequences that may arise as a result.
  • Do not post any personally identifiable information including, but not limited to, last names or surnames, addresses, telephone numbers, email addresses, social security numbers, or birthdays. Only in those areas that are clearly marked as “Private Contact Information” may you confidentially enter your email address, last name, and personal telephone number.
  • Be respectful and courteous to others. Do not post content that is unkind or in poor taste.
  • Do not submit images or videos involving nudity, profanity, or other obscene and distasteful content.
  • If you include other people in your images or videos, make sure you have their permission to do so, including parental consent of minors.
  • Do not submit images or videos, or post any other information, that depict or describe an incorrect usage of the product.
  • Do not post content that is profane, sexually explicit, obscene, pornographic, vulgar, or offensive.
  • Do not invade the privacy of others.
  • Do not use third-party copyrighted or trademarked content in anything you post.
  • Do not engage in, suggest, or encourage activity that is unlawful or inconsistent with the Terms of Use and Privacy Statement governing this site.
  • Do not post web addresses (URLs) for, or links to, outside sites that violate these guidelines.
  • Any materials posted by you will be treated as non-confidential and non-proprietary and may be used by frommfamily or others without restriction as they deem appropriate.
  • Do not post, upload or transmit any content that violates any privacy right, publicity right, patent, trademark, trade secret, copyright or other proprietary right, or contract right or other right of any party.
  • Do not copy, reproduce, modify (including, without limitation, altering, obscuring, deleting, etc. any copyright or other legally required notices, credits, logos, trademarks, etc.), create derivative works from, or distribute in any manner or medium any content posted on or through the frommfamily Site in any manner which is in violation of these Terms or other applicable agreements.
  • Except as explicitly permitted by the Terms or otherwise pre-approved in writing by frommfamily, do not engage in any commercial activity on or through the frommfamily Site or including any links to commercial services or websites or uploading, posting or otherwise transmitting any content that contains advertising or any solicitation regarding products, goods or services other than as expressly approved by frommfamily.
  • Do not engage in conduct that involves the posting, uploading or transmission of unsolicited or unauthorized advertising or promotional materials, “junk mail,” “chain letters,” unsolicited mass mailing, “spimming,” or “spamming”.
  • Do not engage in any conduct that, in frommfamily’s sole discretion, restricts or inhibits any other user from enjoying the use of the frommfamily Site.

frommfamily authorized retailers who post or upload Submissions are solely responsible for the content of their Submissions. frommfamily does not and cannot review everything and is not responsible for the content of the posted Submissions. frommfamily reserves the right in our discretion to delete Submissions we deem in violation of these Standards or otherwise unacceptable to us. We further reserve the right in our discretion to suspend or remove the privileges of users who violate these Standards.

Changes in Terms.

frommfamily shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the frommfamily Site. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on the frommfamily Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by frommfamily to these Terms. ANY ACCESS OR USE OF THE FROMMFAMILY SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than frommfamily shall be valid or enforceable against frommfamily unless expressly agreed to by frommfamily in a writing signed by a duly authorized officer of frommfamily.

Termination.

These Terms are effective until amended or terminated by frommfamily. frommfamily may amend or terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the frommfamily Site, and the restrictions imposed on you with respect to the Content (as defined above), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

frommfamily shall also have the right without notice and at any time to terminate the frommfamily Site or microsite or any feature or portion thereof, or any products or services offered through it, or to terminate any individual’s right to access or use of the frommfamily Site, microsite or any feature or portion thereof.

Indemnification.

You agree to defend, indemnify, and hold harmless frommfamily, frommfamily’s vendors, and their affiliates and related entities and their respective directors, officers, managers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to any breach by you of these Terms or your access to or use of the frommfamily Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the frommfamily Site or any product provided to you arising out of or relating to your use of the frommfamily Site.

Arbitration.

YOU AND FROMMFAMILY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and frommfamily, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “frommfamily”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. frommfamily will provide such notice by e-mail to your e-mail address on file with frommfamily and you must provide such notice by e-mail to info@frommfamily.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

frommfamily and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither frommfamily nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney general action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Notwithstanding any provision in these terms to the contrary, we agree that if frommfamily makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) of which you had already provided notice to frommfamily. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts with jurisdiction in Mequon, Wisconsin to resolve such claims.

Miscellaneous.

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by frommfamily of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

frommfamily shall not be liable for any nonperformance or delay in performance of the frommfamily Site caused by any act beyond its reasonable control, including without limitation, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

Updated: August 8, 2017

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Terms Of Use