Privacy and Terms of Use

1. Introduction.

We at CCF Brands, Inc. hope that you enjoy your visit to the CCF Brands web site. The following terms govern your access to and use of this web site. Please read these terms carefully. You must agree to all of these terms in order to use this web site. By accessing or using this web site, you are agreeing to be bound by these terms.

Please note that we may revise or update these terms at any time, and you may continue to access and use this web site only if you accept those changes. Please check here regularly to determine if any changes to these terms have been made.

2. Privacy Statement.

We recognize the importance of protecting your personal information. The purpose of this privacy statement is to explain how we gather and use personal information obtained through this web site.

In general, if we collect information from you as part of your visit to our web site, we use that information only for the purposes for which it was collected, and the other limited purposes described below. We will not sell or share your personally identifiable information with anyone else, other than our partners who help us operate and administer this web site. Those partners are obligated to honor the terms of this privacy statement. Whenever we use “we,” “our,” or like terms in this privacy statement, those terms refer both to us and to such partners.

A. Types of Information Collected and Use of Information

In general, when you visit our web site and access information here you will remain anonymous. We do, however, collect some non-personally identifiable information automatically as you move through our web pages. We also may collect certain non-personally identifiable information through registration forms that you complete while visiting our web site. Non-personally identifiable information might include your IP (Internet Protocol) address, the type of browser or operating system you use, the domain name from which you linked to our web site, your zip code, your age, your income level, and other general demographic information. We use this non-personally identifiable information to help us administer our web site. We may also share this sort of information with others, but only on an aggregated basis. You cannot be personally identified using this information.

The registration forms, contest entries and surveys found on our web site may also request that you give us personally identifiable information. Such information includes your name, telephone number, home address, and e-mail address information. We may use the information to contact you, but you may opt-out of receiving future mailings from us as explained below. We will not sell or disclose your personally identifiable data to any third party unless (1) we need to share it with agents or contractors who perform services for us, such as disclosing your address to shipping companies so that we can ship requested items to you, or (2) we are required by law to disclose it.

The following are some, but not all, of the circumstances in which we might ask for personally identifiable information from our consumers though our site, the types of information we obtain, and how we use the information. You may be asked to provide personally identifiable information if you register for a sweepstakes, contest, or other promotion; register as a user of our site; register to receive coupons through our site; join a club through our site; participate in a survey, a consumer research panel, or similar type of activity; ask to receive an online newsletter or other information or material from us; or otherwise participate in features of our website that ask for personal information. Your participation in any of these activities (and therefore your provision of personally identifiable information) is voluntary. And if you do choose to receive any such e-mail communication from us, you will have the opportunity to “unsubscribe” from receiving the e-mail at any time.

If you contact one of our Consumer Services Representatives through our site, we may ask you for personally identifiable information such as your name, address, phone number, or e-mail address so that we can respond to your questions or comments.

If you purchase or otherwise request a product, publication, or promotional offering from us or take advantage of a rebate or similar offer, you may be required to provide your contact and/or payment information in order for us to process your request.

B. Cookies

We may use “cookies” to determine whether you have visited our web site previously, to record which web pages you visit, and to save and remember any preferences that you set while using the web site. Our cookies do not track personally identifiable information. Our cookies cannot retrieve any other data from your computer, and cannot obtain an e-mail address from you. Although the Internet browsers used by most people may be modified to either accept all cookies, notify the user when a cookie is sent, or reject all cookies, it may not be possible to utilize certain services available through our web site if cookies are rejected.

C. Links

In order to provide you with a broader range of information on the various topics presented on our web site, and in order to make your on-line experience easier and more enjoyable, our web site includes links to a number of other web sites. The fact that we includes links to those sites does not mean that we endorse the owners or content of those web sites; that we have reviewed or approve the privacy policies or other materials found at those sites; or that we have discussed privacy with the owners of those sites. We cannot be responsible for the content or privacy practices of those sites. You should carefully review the privacy policies posted at those sites before using or disclosing personal information while navigating those sites.

D. Public Forums

Our web site may from time to time make chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose personal information in such areas. We will assume that you are not interested in protecting the privacy of any information you disclose in such areas. Such information will not be subject to protection according to this privacy statement, and we may use and republish such information. We make no representations and undertake no obligations as to the security of information you voluntarily post in chat rooms and message/bulletin boards.

E. Security

We will take all reasonable steps to ensure the confidentiality of your personally identifiable information. While no security measures are perfect, our web site has security measures in place to protect against the loss, misuse, or alteration of the information under our control. We cannot guarantee the security of any information you provide online; you provide it at your own risk. We do not assume any liability for third-party usage of your personal information, whether obtained legally or illegally from our system, and by using our site, you acknowledge you will not hold us liable for third-parties obtaining or using your personal information.

F. Children

We do not intend that our web site will be used by children, and we do not seek to collect any information from children under the age of 13. We believe that parents should supervise their children’s on-line activities to ensure that no information is collected from a child under the age of 13 years without parental permission. If any child should provide us with personally identifiable information, a parent or guardian may notify us as provided below and we will delete such information from our records.

G. Send-to-a-Friend Tools

This site may, from time to time, include a send-to-a-friend application that makes it easy for you to forward information or materials from our site to friends or family by e-mail. In order to address your e-mail message, the application will ask you to input the recipient’s e-mail address and/or similar information (including your e-mail address). This information is only used by the application to address your message so that it can be properly sent. CCF Brands does not retain any of this information for any purpose.

H. Deletion and Correction of Personal Information

You will have the opportunity to opt-out of receiving communications from us at the point where we request the necessary information to contact you. You may at any time ask us to remove any personally identifiable information concerning you, and thereby prevent us from sending future communications to you by sending an email to unsubscribe@ccfbrands.com, or by sending a letter to 5211 Village Parkway – Suite 101, Rogers, AR 72758.

3. Use of Web Site.

While we work hard to make sure that all of the information available at this web site is complete and correct, we cannot guarantee the accuracy of all information. We make no warranties with respect to information or materials made available at this web site, and hereby disclaim all warranties, express and implied, to the fullest extent allowed by law, including but not limited to the warranties for merchantability, fitness for a particular purpose, title, and non-infringement. You hereby waive all claims to indirect or consequential damages, lost profits, or punitive damages that may result from your use of the information available at our web site. If you believe that an error exists in any information presented on this web site, please contact us at [email address].

CCF BRANDS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY USE OF (OR INABILITY TO USE) THE SITE, USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;

DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”). FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.

EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES. DISCLAIMER THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) CCF BRANDS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE; THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS BECAUSE WE HAVE NO CONTROL OVER APPLIANCES OR CONDITIONS IN YOUR PARTICULAR KITCHEN OR HOUSEHOLD. IN ADDITION TO THE ABOVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

You hereby agree to defend and indemnify us, our affiliates, and any of our or their officers, directors, employees, and agents from and against any and all claims, causes of action, demands, damages, or other costs or expenses of any kind or nature, including but not limited to legal and accounting fees, brought by third parties as a result of your breach of these terms; your violation of the law; your violation of the rights of any third party; or your access to and use of this web site.

We expect all users of this web site to treat other visitors with respect and not inhibit the ability of other users to access this web site. In order to access or use this web site, you agree that you will not (1) disguise the origin of information transmitted through the web site; (2) place or transmit false or misleading information at or through the web site; (3) use or access any service, information, or software via this web site in a manner not expressly permitted by us; (4) input or upload to this web site any viruses or other computer code intended to damage, interfere with, or expropriate any part of this web site; (5) input or upload any materials that infringe the intellectual property or other proprietary rights of any other party; or (6) access or use this web site, or any materials or information available on this web site, in violation of applicable law.

4. Ownership and License.

This web site and the materials available on the web site are protected under copyright and other laws. [You are hereby granted a limited, non-exclusive, personal, nontransferable, revocable license to view this web site and the materials made available at this web site for educational or other non-commercial purposes.] [Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of CCF, its affiliates or any third party.] You may not otherwise copy, distribute, display, or use this web site or the information and materials made available on this web site in any manner.

5. Termination of this Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials you obtained from all CCF Brands sites, along with all related documentation and all copies and installations. CCF Brands may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web sites, we do not in any way promise that the materials will remain available to you. And CCF Brands is entitled to terminate all or part of any of its Web sites at any time, without notice to you. The terms in paragraph 3. above, including warranties, limitation of liability, and indemnification will survive the termination of this agreement.

6. Miscellaneous.

You agree that any proceeding arising out of or relating to these terms or your use of the web site shall be instituted in a court sitting in Benton County, Arkansas, United States of America, and you expressly waive any objection you may have to this venue or the jurisdiction of any such proceeding. These terms are governed by the internal laws of the State of Arkansas, United States of America.

No waiver of these terms by us may be deemed a further or continuing waiver of such term or any other term. These terms of use constitute the entire agreement between you and us concerning your access to and use of this web site.

7. Contacting Us.

If you have any questions about these terms of use, our practices concerning the collection and use of personal information, or your dealings with our web site, you may contact:

CCF Brands
5211 Village Parkway – Suite 101
Rogers, AR 72758