terms-and-conditions

1.  Your Acceptance
These Milton’s Fine Foods, Inc. Terms of Service set forth the terms and conditions which apply to your use of the Milton’s website (the "Website") .  By visiting and/or using the Website, you agree to the terms of these Terms of Service and the terms and conditions of Milton's Privacy Policy. If you do not agree to any of these terms and conditions, please do not use the Milton’s Website.

Milton’s Fine Foods, Inc., or any of its related, affiliated or subsidiary companies, (together, “Milton’s”), reserves the right in its sole discretion to modify, update or amend these Terms of Service at any time without prior notice.  Such modifications, changes or amendments will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting on the Website.  Your use of the Website after such notice shall be deemed to constitute your agreement to such changes, modifications or amendments.

2.  Milton's Website
These Terms of Service apply to all users of the Milton's Website. The Milton's Website may contain links to third party websites that are not owned or controlled by Milton's.  Milton's has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Milton's from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Milton's Website and to read the terms and conditions and privacy policy of each other website that you visit.

3.  Restrictions on Use
a.  Milton's hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Milton's prior consent; (iii) and you will otherwise comply with the terms and conditions of these Terms of Service.
EXCEPTIONS: Product sell sheets, brochures and manuals may be downloaded for their intended use, provided that you do not delete or change any copyright, trademark or other proprietary information or notices. Modification or use of the materials for any other purpose violates Milton’s intellectual property rights and is prohibited.
b.  You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Milton's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Milton's grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  Milton's reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any user submissions.

4.  Intellectual Property Rights
The content on the Milton's Website is owned by or licensed to Milton's subject to copyright and other intellectual property rights under United States laws.  The entire contents of the Website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright.  You shall abide by all copyright notices and other restrictions contained in any material accessed through the Website.  Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  Milton's reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.  If you download or print a copy of the Content for personal, noncommercial use, you must retain all copyright and other proprietary notices contained therein.  You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content.  Modification of the Content or use of the Content for any purpose other than personal, noncommercial use is a violation of the respective copyright owners; copyrights and other proprietary rights.  

5.  SUBMISSIONS
The Website may include interactive functions which allow submissions to the Website.  Terms of Use directly applicable to submissions include the following:
a.  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other materials ("Content"), whether publicly posted or privately transmitted, that you submit to the Website are your sole responsibility.  This means that you, and not Milton's, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Website.
b.  Milton's does not endorse or control the Content delivered to the Website by third parties, and Milton's has no obligation to monitor such Content.   As such, Milton's does not guarantee the accuracy, integrity or quality of any such Content.  However, Milton's reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms of Use or that it deems to be objectionable or unacceptable for any reason whatsoever.
c.  It is a condition of your use of the Milton’s Websites that you do not: (i) restrict or inhibit any other user from using and enjoying the Milton’s Websites; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, nation or international law; (iii) post or transmit comments containing harassing or offensive language; (iv) post or transmit any information, software or other material which is an invasion of privacy or publicity rights or which is protected copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (v) post or transmit any information, software or other material which contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising; (viii) solicit other users to join, become members of, or contribute money to any online service or organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; and (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity.

6.  Takedown Provisions
If you believe that materials that have been posted on the Website have copied your work in a way that constitutes copyright infringement, please provide Milton's Copyright Agent (identified below) the following information:

1.    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2.    A description of the copyrighted work that you claim has been infringed.
3.    A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
4.    Your address, telephone number, and email address.
5.    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6.    A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Milton's Copyright Agent is:    

Director of Marketing
Miltons Baking Company
5875 Avenida Encinas, Carlsbad, CA 92008

Upon our receipt of a takedown notice materially complying with all of these requirements, we will remove, or cause to be removed, the identified materials.  The individual that had posted such materials will then have an opportunity to demand reposting.  You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

7.  Products and Services
The products and services on the Milton’s Websites may not be available for purchase and/or use in your particular country or locality. The reference to such products and services on the Milton’s Websites does not imply or warrant that these products or services will be available at any time in your particular location. You should check with a local Milton’s authorized representative for the availability of specific products and services in your area.

8.  Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MILTON'S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MILTON'S,  ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.  MILTON'S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MILTON'S WEBSITE.  

9.  Limitation of Liability
Milton’s makes no guarantee of the availability of the Milton’s Websites and reserves the right to change, withdraw, suspend or discontinue any functionality or feature of the Milton’s Websites at any time. IN NO EVENT WILL MILTON’S BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MILTON’S WEBSITES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, MILTON’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE MILTON’S WEBSITES FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
You agree to defend, indemnify and hold harmless Milton’s, its affiliates and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (ii) any misrepresentation made by you in connection with your use of the Milton’s Websites, (iii) any non-compliance by you with the terms and conditions of this Agreement, and (iv) claims brought by persons or entities other than the parties to these Terms of Service arising from or related to your access and use of the Milton’s Website, including information obtained through any offered services, sell sheets, brochures or manuals.

10.      Trademarks and Other Proprietary Information
All trademarks and trade names used on the Milton’s Websites are owned by or licensed to Milton’s or our affiliated companies. The copying, redistribution, use or publication by you of any of our marks, except as expressly agreed to in writing by Milton’s, is strictly prohibited.  The entire contents of the Website are also copyrighted as a collective work under the United States copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright.  You shall abide by all copyright notices and other restrictions contained in any material accessed through the Website.   Milton's  reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes.  If you download or print a copy of the Content for personal, noncommercial use, you must retain all copyright and other proprietary notices contained therein.  You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted Content.  Modification of the Content or use of the Content for any purpose other than personal, noncommercial use is a violation of the respective copyright owners; copyrights and other proprietary rights.  You agree not to circumvent, disable or otherwise interfere with security related features of the Milton's Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Milton's Website or the Content therein.     
b.   By submitting any materials to the Website, you automatically grant to Milton's a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute such materials or incorporate such materials into any form or technology now known or later developed, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
c.  You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on the Website contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.  You agree to indemnify, defend, and hold Milton's harmless from and against any losses, including but not limited to reasonable attorneys fees and costs incurred by Milton's in its defense, resulting from any claim arising from your conduct that violates any provision of the Terms of Use, including, but not limited to, the warranties contained in this paragraph.
Milton’s will not be required to treat any Submissions as confidential, except for that information given protection under the “Milton’s Internet Privacy Policy,” and will not incur any liability as a result of any similarities in future Milton’s operations.

11.  Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

12.  Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Milton's without restriction.

13.  General
You agree that: (i) the Milton's Website shall be deemed solely based in California; and (ii) the Milton's Website shall be deemed a passive website that does not give rise to personal jurisdiction over Milton's , either specific or general, in jurisdictions other than California.  These Terms of Service shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and Milton's that arises in whole or in part from the Milton's Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California.  These Terms of Service, together with the Privacy Policy and any other legal notices published by Milton's on the Website, shall constitute the entire agreement between you and Milton's concerning the Milton's Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Milton's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Updated March 3, 2010

Any correspondence or questions should be mailed to:
Milton’s Fine Foods, Inc.
5875 Avenida Encinas
Carlsbad CA 92008
Attn: Legal Department

© 2010 Milton’s Fine Foods, Inc.