Effective October 1, 2011

Welcome to www.fishernuts.com (the "Website"). John B. Sanfilippo & Son, Inc. ("JBSS") provides access to the Website to the general public. By visiting, logging onto or using the Website, you, the end user, on behalf of yourself or your company or organization, agree to all terms and conditions contained or referenced in these Terms of Use. Please read these Terms of Use carefully. These Terms of Use apply only to your use of the Website and do not change or alter any other agreement that you have with JBSS.

1. Changes to Terms of Use

JBSS reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of any changes made to the Terms of Use.

2. Site Access and Use

By visiting, logging onto or using the Website, you agree to all terms and conditions contained or referenced in these Terms of Use.

We make no claim as to the suitability of information contained on the Website outside of the United States. If you access the Website from outside the United States, you do so at your own risk. You may use the Website only for your personal use and the downloading, reproduction or retransmission of information on the Website is strictly prohibited.

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on JBSS's infrastructure. In addition, you agree that you will not use any automatic device or manual process to monitor or copy the Website or the content contained on the Website and agree that any such use is strictly prohibited. The Website and Website content may contain technical inaccuracies and typographical errors and JBSS shall not assume responsibility or liability for any such inaccuracies or errors.

3. Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices regarding the use and protection of your personal information. The terms of the Privacy Policy are incorporated by reference herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We are not responsible for any damages (whether actual, consequential, special or incidental) resulting from a breach of compliance with our Privacy Policy because of a security breach or technical malfunction.

4. Copyright

The following is the exclusive property of JBSS or its business partners or suppliers and is protected under United States and worldwide copyright laws and treaty provisions: (a) content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, (b) the compilation of all content on this Website and (c) all software used in connection with the Website. Unauthorized use of the Website or content on the Website may violate applicable laws and/or applicable regulations and statutes, and is strictly prohibited. You may not modify, publish, create derivative works, copy, distribute, or frame this Website (or any portion thereof) within another site or otherwise sell, modify, copy, reproduce, download, display, publicly perform or distribute any content on the Website except in accordance with these Terms of Use. Any code that JBSS creates to generate or display any Website content or the pages making up this Website is also protected by copyright laws and you may not copy or adapt such code. © 2011-2013

5. Trademarks

All other trademarks not owned by JBSS that appear on this Website are the property of their respective owners.

6. Restrictions

You shall not use this Website to transmit, post, distribute, store or destroy material, including without limitation, Website content (a) in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information; (b) in a manner that may infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful.

You shall not violate or attempt to violate the security of this Website, including without limitation, the following activities: (a) accessing data not intended to be accessed or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any Website user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing". Violations of system or network security may result in civil and/or criminal liability. JBSS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users of the Website who are involved in such violations.

7. Patents

Patents may be applied for or granted protecting the intellectual property rights of JBSS.

8. Unsolicited Ideas

We ask that you not submit unsolicited ideas or any other creative materials to JBSS. However, if you submit such materials despite this request, then any such materials become the exclusive property of JBSS and you will not be entitled to compensation for JBSS's use of such materials for any purpose whatsoever. You shall have no right of confidentiality to these communications and JBSS shall be free to reproduce, use, disclose and distribute these communications to others without limitation.

9. Disclaimer of Warranties and Limitation of Liability

THE WEBSITE IS PROVIDED BY JBSS ON AN "AS IS" AND "AS AVAILABLE" BASIS. JBSS AND ITS AFFILIATES AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES PROVIDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JBSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE WEBSITE IS LINKED. JBSS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JBSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM (A) THE USE OF, OR INABILITY TO USE, THE WEBSITE; (B) PERFORMANCE FAILURE; (C) ERROR OR OMISSION; (D) INTERRUPTION, DEFECT, OR DELAY IN WEBSITE OPERATION OR TRANSMISSION; OR (E) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO THE WEBSITE OR DATA (EVEN IF JBSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN EACH CASE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND LOST PROFITS, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. Your Liabilities and Obligations

JBSS has the right to cancel your access to the Website in the event you violate any provision of these Terms of Use. JBSS retains the right to pursue all remedies available at law or equity. You agree, at your own expense, to defend, indemnify and hold JBSS, its affiliates, employees, shareholders, legal representatives, agents and partners from any and all claims, suits, actions, costs, liabilities, and damages, including attorney's fees, and any other expenses of any kind resulting from your use or access to the Website in any manner that is not expressly authorized by these Terms of Use.

You agree that you will not transmit any viruses, computer code, files or programs that could interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment owned or leased by JBSS.

11. Third Party Sites

The Website may contain links to other internet websites that are not maintained by JBSS. These links are provided solely for your convenience and JBSS makes no representations or warranties about the content of any products or services offered by such third-party sites. We recommend that you take the time to read the privacy policies and user agreements of any third-party sites.

12. Applicable Law

By visiting the Website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use. To the extent permitted by law, you hereby waive any claim that (i) you are not personally subject to the jurisdiction of the State of Illinois, (ii) any action or proceeding may not be brought in the State of Illinois, (iii) an action or proceeding in the State of Illinois should be dismissed on the basis of forum non conveniens, (iv) or that this agreement may not be enforced in the State of Illinois. You and JBSS further agree to any service of process permitted by the laws of the State of Illinois.

13. Severability

These Terms of Use constitute an agreement between you and JBSS. A finding that a provision contained within this agreement is unlawful, void, or otherwise unenforceable shall not affect the enforceability of the remainder of this agreement.

14. Waiver

In any instance where JBSS fails to execute its rights under this agreement, such failure will not constitute a waiver of any rights under these Terms of Use.

 

SELECTING "YES, I ACCEPT" WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT.

 

 
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