Welcome to the Shearer’s Snacks, LLC (“Shearer’s”) website located at www.www.shearers.com (the “Website”). It is important to us that you, and all of our visitors, have the best possible experience while using our Website, and that when you use this Website you are fully aware of our respective rights and obligations. For that reason, we have created these Terms and Conditions of Use along with our Privacy Policy (which is made a part of these Terms and Conditions of Use) as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by the Terms and Conditions of Use and Privacy Policy. If you do not wish to be bound by the Terms and Conditions of Use and Privacy Policy, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully.

The Website provides information about Shearer’s Foods, LLC and its affiliates (”Affiliates”) and parties unrelated to Shearer’s (”Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.

Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Shearer’s, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.

Registration.  To access this Website or some of the resources offered on this Website, you may be asked to provide registration details.  It is a condition of use of this Website that all the details you provide will be correct, current and complete.  If Shearer’s believes the details are not correct, current or complete, Shearer’s has the right to refuse you access to the Website and remove all Content that you have contributed or any of its resources, and to terminate or suspend your account.

Security.  Any passwords used for this Website are for individual use only.  You shall be responsible for the security of your password (if any).  Shearer’s shall be entitled to monitor your password and, at its discretion, require you to change it.  If you use a password that Shearer’s considers insecure, Shearer’s will be entitled to require it to be changed and/or terminate your account.  You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts.  The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) is strictly prohibited.  If you become involved in any violation of system security, Shearer’s reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.  Shearer’s also has the right to refuse you access to the Website or any of its resources,  remove Content that you have contributed and terminate or suspend your account

Third-Party Content and Links; Recommendations and Opinions. The Website includes information provided by Third Parties including opinions and advice. Shearer’s, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties.

The Website also may include the personal recommendations and opinions of Shearer’s or others including, but not limited to, recommendations or opinions given by Shearer’s contributors. Shearer’s does not undertake responsibility for screening Shearer’s contributors or other participants on the Website or monitoring advice or opinions expressed by them.  In addition, highlighting Shearer’s contributors or other participants on the Website is not deemed to be an endorsement of any products or services that they (or companies employing them) may provide.  Although Shearer’s may have endorsement arrangements with some companies, neither Shearer’s, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website, from any Third Parties, or from any Third Party website. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs.   Further, it is up to you, the user of this Website, to determine whether any particular advice satisfies your needs.  Neither Shearer’s, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the advice or services that may be provided to you from Shearer’s contributors or any other participants  on the Website.  Shearer’s contributors or other participants do not have any authority to bind Shearer’s or make statements on behalf of Shearer’s.

The Website includes hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither Shearer’s nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of Third Parties on the Website nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by Shearer’s, Affiliates or their respective employees or agents.

The Website may run advertisements and promotions from Third Parties. Your dealings with or participation in the promotions of such Third Parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such Third Party. Shearer’s does not guarantee and shall in no way be responsible for the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such Third Party information or advertisements on the Website. If you have a dispute with one or more advertisers or other Third Parties, you release Shearer’s from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Shearer’s does not approve or control the Content posted by others; rather it merely provides a platform and venue for allowing users to access or provide information and other Content. Shearer’s is not liable for any Content contributed by Users on the Website. Shearer’s assumes no responsibility for monitoring the Website for appropriate Content or conduct and has no obligation to screen, edit, or remove any of the Content. Shearer’s reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any Content at any time and for any reason or for no reason.  Shearer’s may or may not enforce these Terms and Conditions of Use in its sole and absolute discretion, and a failure to enforce or waiver of a breach of these Terms and Conditions of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms and Conditions of Use do not create any private right of action on the part of any Third Party or any reasonable expectation that the Website will not contain any content that is prohibited by these Terms and Conditions of Use.

Shearer’s does not endorse or warrant any particular Content or other information available on the Website or guarantee the accuracy, integrity or quality of such Content or other information. Additionally, Shearer’s cannot guarantee the authenticity of any data which users may provide about themselves. Under no circumstances will Shearer’s be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 the Website. You use the Website at your own risk.

Disclaimer of Advice. The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional.  Some of the opinions expressed on this Website are the opinions of the authors/contributors. Neither Shearer’s, Affiliates nor any of their employees or agents assume any liability for the Content of any materials or opinions of contributors provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither Shearer’s, Affiliates nor any of their employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information, Content or instruction contained on this Website.

Privacy. Please review our Privacy Policy for information about our use of information collected through the Website.

Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Shearer’s, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws and/or patents. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use.  The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, Shearer’s®, Thin & Crispy®, Brent and Sam’s®, Delicious®, Vista®, Riceworks®, and wild Riceworks™, and all other trademarks owned by Shearer’s, are registered or unregistered trademarks of Shearer’s, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks.

1.   Please act responsibly when using this Website.  You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website.  You may not collect or store personal information regarding other users.  You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.  You agree that if a Third Party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful.  You understand and agree that all materials publicly posted (other than by Shearer’s) or privately transmitted on or through this Website are the sole responsibility of the author/contributor, not Shearer’s, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.

Linking and Framing. Without the prior written permission of Shearer’s, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Shearer’s or any of their licensors into another website or other service. Without the prior written permission of Shearer’s, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of Shearer’s or any of their licensors into another website or other service.

Rights to All Submissions.  All material you submit to any of our chat rooms, forums, blogs, advisory panels, public posting areas (including video submitted via link to YouTube) (the “Material”), whether text or images, becomes the property of Shearer’s and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting Material on Shearer’s’ community and social media websites, you are granting to Shearer’s, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by Shearer’s, and the parents, Affiliates, subsidiaries, licensees, successors and assigns of same, a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such Material posted on Shearer’s’ community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such Material including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant Shearer’s, and anyone authorized by Shearer’s, the right to identify you as the author of any of your Material by name, email address or screen name, as Shearer’s deems appropriate without any obligation by Shearer’s.  If you do not wish to grant us such rights, we ask that you not provide Material, particularly any information you consider to be confidential or original creative material, such as product ideas, story ideas, photographs or original artwork. If you make submissions of Material, you agree to grant to us and our Affiliates all rights described herein.  Further, by making a submission of Material, you represent and warrant that you own all rights to the Material and that no third party has any claim to rights in the Material.

Objectionable Content. Shearer’s requires that you do not post emails or submit to or publish through Forums or otherwise make available on this Website any content or act in a way which in our opinion:

(a)   libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b)  disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;

(c)  seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(d)  infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

(e)  violates any law or may be considered to violate any law;

(f)  violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(g)  advocates or promotes illegal activity;

(h)  impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;

(j)  solicits funds, advertisers or sponsors;

(k)  includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l)  disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;

(m)  copies any other pages or images on this Website except with appropriate authority;

(n) amounts to a “pyramid” or similar scheme;

(o)  amounts to “data warehousing” (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;

(p)  disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website;

(q) provides untruthful and inaccurate registration information and/or Content;

(r) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18;

(s) promotes or provides information or Content that the user knows is false or misleading;

(t) promotes conduct that is abusive, threatening, obscene, defamatory or libelous;

(u)  contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (t) above.

Products. Product availability, product descriptions and product prices are subject to change by Shearer’s at any time without prior notice.  Certain weights, measures and similar descriptions are approximate and are provided for convenience only.

Disclaimer.  Nutritional information is provided for educational purposes only and addresses subjects of a general nature. Nutritional information does not take into account the conditions of individual users, and none of the information presented on the Website should be considered a substitute for professional attention or advice.  Always seek the advice of a professional with any questions you may have regarding a nutritional information.  You assume all risks of injury arising from your use of any product purchased through the Website.

Order Acceptance.  All orders submitted through the Website are subject to acceptance by Shearer’s at its location.  Shearer’s may issue an electronic confirmation of order receipt.  Confirmation of order receipt does not constitute acceptance by Shearer’s.  Shearer’s may accept an order in a written acceptance or by processing payment for or fulfilling the order.

Shipping.  Shearer’s has arranged for product vendors to ship products directly from their locations to purchasers. If you order products supplied by different vendors, products will be shipped to you separately from the respective vendor locations.  Products will be shipped only to locations in the Continental United States.  Shearer’s will not ship products to PO, AFO or APO boxes.  Shearer’s reserves the right not to ship to post office boxes; we may require a street address for shipping. Neither Shearer’s nor any vendor will be responsible for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information. Risk of loss and title for products purchased from the Website pass to you upon delivery of products from the vendor to the shipping carrier.  That means that if any products are lost or damaged in transit, you will be responsible for making any claims with the carrier.  Neither Shearer’s nor any of its vendors will be responsible for products lost or damaged in transit.

Price and Payment.  Product prices are subject to change from time to time by Shearer’s without prior notice.  The price charged by Shearer’s for any product will be the price listed for such product on the Website at the time an order is submitted to Shearer’s.  Product prices do not include shipping or, if applicable, sales taxes.  Shearer’s will add shipping charges to your order.  If Shearer’s is required to collect sales tax from you, Shearer’s will also add sales tax to your order.  Orders must include current, valid credit card information. By submitting an order to purchase products through the Website, you authorize Shearer’s to charge to the credit card identified in your order the price for all products purchased in the order, plus all applicable shipping and handling charges and taxes. 

Refund Policy – Exclusive Remedy. If you are dissatisfied with any product you purchase through the Website, you may notify Shearer’s within thirty (30) days after the product is shipped to you and request a refund.  Shearer’s reserves the right to require that you return the product to Shearer’s as a condition of refunding the purchase price.  Refunds will be made to the credit card account to which the purchase was charged.  Shearer’s sole liability, and your exclusive remedy, for any claim you may have in connection with a product purchased through the Website is a refund the applicable purchase price.

Notices regarding any product claims and requests for refund must be sent to Shearer’s in writing by email to wsconsumer@shearers.com.  Notices will be effective when received by Shearer’s.

Third Party Sales Terms.  Various products may be offered for sale through links from the Website.  These other products may be offered by Third Parties and are not offered for sale by Shearer’s or its Affiliates.  Although the products offered may contain trademarks owned by Shearer’s or its Affiliates, they may not be products manufactured, endorsed or sold by Shearer’s or its Affiliates.  All terms of sale including, but not limited to, quality, pricing, returns, shipping policy and warranty are governed by the terms and conditions as set forth by the Third Parties on their websites or communicated by other means.  You purchase products from these Third Parties at your own risk.  Neither Shearer’s, its Affiliates nor any of their respective employees or agents are responsible for products purchased from Third Parties.  All of the provisions of these Terms and Conditions of Use apply to purchases by you of products offered by Third Parties including, without limitation, the provisions relating to release, waiver, indemnification and limitation of liability.

Limitation of Liability; Disclaimers and Waivers.  Your use of this Website is at your own risk.  The Website and all the Content, materials, information, software, facilities, services and other content on the Website are provided “AS IS” and without warranties of any kind, either express or implied.  Neither Shearer’s, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website. 

To the full extent permitted by applicable law, Shearer’s, Affiliates and their respective employees and agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, copyright or any warranty that the Website will operate uninterrupted or error free.  Shearer’s does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components.  Shearer’s does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, availability, ownership or otherwise.  Shearer’s makes no warranties that your use of the materials on the Website, information, software, facilities, Forums, service or Content will not infringe the rights of others and Shearer’s assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, service or Content. Shearer’s does not warrant the accuracy or completeness of any product description or other information provided in the Website. Shearer’s disclaims all liability for product defects, product misuse or abuse, improper product selection or non-compliance of any product with applicable laws or regulations. This disclaimer shall be limited to the extent (if any) that it is prohibited by applicable law.

UNDER NO CIRCUMSTANCES WILL SHEARER’S, AFFILIATES OR ANY OF THEIR RESPECTIVE PRINCIPALS, EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE PERSONALLY OR OTHERWISE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or any Content on the Website or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website.

Investigations.  Shearer’s reserves the right to investigate suspected violations of these Terms and Conditions of Use including, without limitation, any violation arising from any submission, posting or emails you make or send to the Website.  Shearer’s may seek to gather information from the user who is suspected of violating these Terms and Conditions of Use, and from any other user.  Shearer’s may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice.  If Shearer’s believes, in its sole discretion, that a violation of these Terms and Conditions of Use has occurred, it may edit or modify any submission, posting or email, or remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action it deems appropriate.  Shearer’s will fully cooperate with any law enforcement authorities or court order requesting or directing Shearer’s to disclose the identity of anyone.  By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless Shearer’s from any claims resulting from any action taken by Shearer’s during or as a result of its investigations or from any actions taken as a consequence of investigations by either Shearer’s or law enforcement authorities.

Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time in our sole and absolute discretion. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.  Please review these Terms and Conditions of Use periodically and check the version date for changes.

No waiver of any breach of the Terms and Conditions of Use or the Privacy Policy shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions of either the Terms and Conditions of Use or the Privacy Policy, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Shearer’s.

Shearer’s reserves the right to modify or discontinue the Website or a portion or attribute thereof, or the offering of any information, good, Content, product or service with or without notice. Shearer’s shall not be liable to you or any third party should Shearer’s exercise its right to modify or discontinue the Website or part of it.

Ohio Law. This Website is created and maintained in the State of Ohio, USA. As such, the laws of the State of Ohio govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Ohio, acknowledge that venue is only proper in the courts in Cuyahoga County, Ohio and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.

Use of the Website is not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction.

If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect.

Entire Agreement. These Terms and Conditions of Use and Shearer’s Privacy Policy constitute the entire agreement between us and you with respect to the Website. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Contacting Us. You may contact us at the following address: wsconsumer@shearers.com.

Shearer’s Accessibility Standards

At Shearer’s, we strive to provide a safe and comfortable environment for all individuals, including individuals with disabilities. That’s why we are committed to meeting the latest Integrated Accessibility Standards (IAS) outlined in the Accessibility for Ontarians with Disabilities Act.

To better govern the way we incorporate accessibility into our day-to-day operations, we have developed a multi-year accessibility policy that identifies how we currently achieve and will continue to meet our accessibility standards.

If you require the above plan to be reformatted for reasons related to a disability, please contact us online or using the information listed below:

Mailing address:
Shearer’s Foods
100 Lincoln Way East
Massillon, Ohio 44646

Phone:
(330) 834-4030