Last modified: January 9, 2013
Using our sites
You must follow any policies made available to you within the sites.
Don’t misuse our sites. For example, don’t interfere with our sites or try to access them using a method other than the interface and the instructions that we provide. You may use our sites only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our sites to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our sites does not give you ownership of any intellectual property rights in our sites or the content you access. You may not use content from our sites unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our sites. Don’t remove, obscure, or alter any legal notices displayed in or along with our sites.
Our sites display some content that is not SPARTAN BRANDS Brands’. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the sites, we may send you sites announcements, administrative messages, and other information. You may opt out of some of those communications.
Privacy and Copyright Protection
SPARTAN BRANDS' privacy policies explain how we treat your personal data and protect your privacy when you use our sites. By using our sites, you agree that SPARTAN BRANDS can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can contact us here.
Our Warranties and Disclaimers
We provide our sites using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our sites.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SPARTAN BRANDS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE sites. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE sites, THE SPECIFIC FUNCTION OF THE sites, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE sites “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our sites
WHEN PERMITTED BY LAW, SPARTAN BRANDS, AND SPARTAN BRANDS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SPARTAN BRANDS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE sites (OR, IF WE CHOOSE, TO SUPPLYING YOU THE sites AGAIN).
IN ALL CASES, SPARTAN BRANDS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our sites
If you are using our sites on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SPARTAN BRANDS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the sites or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a siteto, for example, reflect changes to the law or changes to our sites. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a siteor changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between SPARTAN BRANDS and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the sites. All claims arising out of or relating to these terms or the sites will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and SPARTAN BRANDS consent to personal jurisdiction in those courts.
For information about how to contact SPARTAN BRANDS, please visit our contact page.