Terms of Use

CAPE COD® POTATO CHIPS WEBSITE TERMS OF USE

Overview

This website is owned and operated by Cape Cod Potato Chips. It is provided and maintained by Cape Cod Potato Chips for the entertainment, education, information and shopping of Cape Cod Potato Chips customers and those interested in Cape Cod Potato Chips products. 

Agreement to Terms

Any and all use of or access to this website shall be governed by this Terms of Use agreement, which may be changed from time to time without notice.  This Terms of Use agreement was last modified on March 27, 2007.  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 Cape Cod Potato Chips Website Privacy Statement 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 or 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 noted, all of the content of this website (including, without limitation, the text, images, information, trademarks, data and other proprietary materials found on this website) is the property of Cape Cod Potato Chips or one of its licensors, and protected by the copyrights, trademarks, patents and/or other proprietary rights of Cape Cod Potato Chips or one of its licensors, 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 expressed written consent of Cape Cod Potato Chips, is prohibited.  You are hereby expressly permitted to download and print out for your own personal use or as a record of a purchase (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 Cape Cod Potato Chips (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 us at the address below.

Please be specifically advised that the content of this website includes, without limitation, the names, logos, images, slogans, product designs, packaging and trade dress of the Cape Cod Potato Chips products displayed on this website.  Many of the names, slogans and/or marks are Registered Trademarks ® of Lance Mfg. LLC; while others are subject to other trademark, service mark, trade dress, copyright © and/or other intellectual property rights of Cape Cod Potato Chips and/or the affiliates, subsidiaries, licensees or licensors of Cape Cod Potato Chips.  No unauthorized use may be made of this content. 

Purchases

When you place orders through this website, you will be asked to provide certain information about yourself, such as your name, address, and credit card in formation.  You may not provide incomplete or inaccurate registration information (the registration form will indicate what information is required for registration, and what is optional, and you may also check Cape Cod Potato Chips’ Website Privacy Statement for further information on the collection and distribution of information by Cape Cod Potato Chips).  You are responsible for any use of this website by anyone using your credit card number or other identifier.  Thus, if for any reason you suspect that your credit card or other identifying information has been compromised, you should contact Cape Cod Potato Chips at once.

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 Cape Cod Potato Chips 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 Statement), the rules or policies specific to the contest or promotion shall control.

Prohibition on use / Enforcement of terms

Cape Cod Potato Chips 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 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 Cape Cod Potato Chips for any failure by us to enforce this Terms of Use.  Cape Cod Potato Chips’ failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

Disclaimer of Warranties and Limitation of Damages

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  You hereby acknowledge that although Cape Cod Potato Chips has used reasonable efforts to include accurate and current information on this website,

NEITHER CAPE COD POTATO CHIPS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR VIEWING OF THIS WEBSITE. 

EVERYTHING FOUND IN AND OR ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY SERVICES, PRODUCTS OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE) IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 

WITHOUT LIMITING THE FOREGOING CAPE COD POTATO CHIPS MAKES 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, 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 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 CAPE COD POTATO CHIPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

CAPE COD POTATO CHIPS DOES NOT WARRANT THAT THIS WEBSITE SHALL BE FREE FROM HARMFUL COMPONENTS OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.  CAPE COD POTATO CHIPS 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 CAPE COD POTATO CHIPS.

Cape Cod Potato Chips shall not be liable for any damages to your computer equipment that may result from your use of the Internet or this website, including but not limited to any and all computer viruses or other harmful programs or coding.

Disclaimer With Respect to Other Internet Sites

Cape Cod Potato Chips has not reviewed all of the sites, or content of sites, that may be accessed by or linked to this website.  Cape Cod Potato Chips 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.

Indemnification

You agree to defend, indemnify, release and hold harmless Cape Cod Potato Chips (including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Cape Cod Potato Chips.) from all liabilities, 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.  Cape Cod Potato Chips 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 Cape Cod Potato Chips 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 or otherwise submit content (including, without limitation, questions, requests, comments, recipes, suggestions, stories, ideas, inventions, information, data, images, likenesses or text) to Cape Cod Potato Chips 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 Cape Cod Potato Chips 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.  Cape Cod Potato Chips may treat any communication between you and Cape Cod Potato Chips as non-confidential and non-proprietary.  Cape Cod Potato Chips is free to use any ideas, techniques, inventions, concepts, recipes, know-how, or other information that you provide to Cape Cod Potato Chips 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.

2.     Standards: You agree not to submit any content to Cape Cod Potato Chips 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 email (“spam”); or (f) is otherwise tortious or criminal.

3.     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.

4.     Monitoring of Content/Removal: You agree that Cape Cod Potato Chips 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 Cape Cod Potato Chips 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, Cape Cod Potato Chips 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.

5.     No Endorsement/Recommendation: You agree that by displaying the content that you or others submit to this website, Cape Cod Potato Chips does not endorse or recommend any of the information submitted by you or others.  In fact, Cape Cod Potato Chips does not endorse, recommend, or take any responsibility for any content submitted to this website by any third-party.

Access Limits

Without Cape Cod Potato Chips’ 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: (a) 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; (b) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of Cape Cod Potato Chips or its affiliates ("hacking"), whether or not the intrusion results in corruption or loss of data; or (c) transmit to Cape Cod Potato Chips 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.

Distributors

Those parties with access to the “Distributors” section of this website hereby agree (a) not to disclose or otherwise make known outside of their own company, and (b) not to use other than for purposes of the distributor’s own distribution of Cape Cod Potato Chips products, any of the information (including, without limitation, the pricing and promotional information) that is set forth in the Distributors section of this website.

Governing Law and Jurisdiction

You agree that the laws of the State of North Carolina 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 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

Cape Cod Potato Chips 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.

Notice/Contact

Please address any questions or correspondence to:

Cape Cod Potato Chips
Attn: Customer Service
100 Breed's Hill Road
Hyannis, MA 02601
508-775-3358
508-775-2808

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Legal notices must be sent to:

Cape Cod Potato Chips
Attn:  Legal Department
P. O. Box 32368
Charlotte, NC 28273
704-557-8300

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Notice will be considered given upon receipt.  Cape Cod Potato Chips 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.  Cape Cod Potato Chips is entitled to assume that any address information that you provide to us is correct.  Notice to you will be considered given when sent.


© 2009 Cape Cod Potato Chips, all rights reserved.  CAPE COD and the CAPE COD LIGHTHOUSE DESIGN are registered trademarks ® of Lance Mfg. LLC.