TERMS OF USE

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR ENGAGING THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see SECTIONS 6 and 7). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://www.house-foods.com/ or https://www.flavorofjapan.com/, including any sub-domains thereof, affiliated websites, website applications, and mobile applications (collectively, the “Website”), which are owned and maintained by House Foods America Corporation (“House Foods,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or submitting information over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 8. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 8 BELOW.

You can review the most current version of the terms at any time on this page (https://www.flavorofjapan.com/terms-and-conditions) (“Terms”). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

1. WEBSITE USE

    By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

    2. PRIVACY & SECURITY DISCLOSURE

      Any personal data we receive from you, whether through the use of our Website or through your engagement with us, will be handled in accordance with our Privacy Policy, which may be viewed at https://www.flavorofjapan.com/privacy-foj. By using our services, you agree the Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. We may collect, use, and disclose your personal data for the purposes described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our services.

      3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

        All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

        All material on the Website, including, without limitation, all informational text, photographs, animation, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by House Foods America Corporation. House Foods disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Website are the property of their rightful owners and used with permission. You agree not to display or use such marks without House Foods' prior written permission.

        The Materials on the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior written consent of House Foods. Any modification of the Materials, use of the Materials on any networked computer environment or application, or use of the Materials for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark and other proprietary rights in the Materials and is expressly prohibited.

        You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

        4. MODIFICATIONS TO THE WEBSITE

          We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.

          5. THIRD PARTY PRODUCT POSTINGS, JOB POSTINGS AND SOCIAL MEDIA

            This section applies to everyone who interacts with our online presence, including product postings, job postings, social media posts, comment sections, feeds, and other elements of postings viewable on third party platforms such as Amazon, Amazon Fresh, Whole Foods, LinkedIn, Facebook, Pinterest, Google+, LinkedIn, or any of the many other available external third-party platforms we may use (“Social Media Presence”).

            The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. We have no obligation to monitor or remove any material.

            6. DISCLAIMER OF WARRANTIES

              HOUSE FOODS MAKES NO REPRESENTATIONS ABOUT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, TRUTHFULNESS OR TIMELINESS OF ANY CONTENT, INCLUDING WITHOUT LIMITATION THE EXISTENCE AND AVAILABILITY OF ANY SUCH PRODUCTS AND THE ACCURACY AND TRUTHFULNESS OF ANY LISTED PRODUCT DESCRIPTIONS AND COSTS. IN ADDITION, NOTHING IN THESE TERMS OF USE SHALL BE CONSTRUED TO GUARANTEE HOUSE FOODS PRODUCTS FOR YOU FOR ANY PARTICULAR PERIOD OF TIME.

              EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL SERVICES PROVIDED, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, INFORMATION, OR OTHER MATERIAL VIEWED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

              7. DISCLAIMER OF LIABILITIES

                EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL HOUSE FOODS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, REGARDLESS OF WHETHER HOUSE FOODS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, HOUSE FOODS IS FOUND LIABLE UNDER ANY THEORY, HOUSE FOODS' LIABILITY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER HOUSE FOODS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

                8. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

                  Any dispute or claim between the parties arising from or relating to this Contract or the Services shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16 and submitted to arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles.

                  Notwithstanding anything to the contrary herein, you agree that House Foods has the right to bring a claim against you in the state or federal courts in Los Angeles, California for injunctive relief, equitable relief, or otherwise arising from any potential or actual misappropriation or infringement of its intellectual property rights and you agree that venue is proper and that you are subject to personal jurisdiction in such forum.

                  9. INDEMNIFICATION

                    To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless House Foods, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement or (2) your violation of any law or the rights of a third-party.

                    10. THIRD-PARTY WEBSITES AND LINKS

                      Our Website may include materials from third parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

                      11. CONTENT

                        Anything that you submit or post to the Website and/or provide us through the Website including without limitation, zip code, basic information, home address, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions subject to the Privacy Policy. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us.

                        House Foods will not be liable in any way for any content posted by you, including without limitation, any errors or omissions in the content, or for any loss or damage of any kind incurred by you as a result of the use or display of any content posted, e-mailed or otherwise transmitted via the Website.

                        12. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

                          This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:

                          Notification of Claimed Infringement:

                          House Foods America Corporation
                          Attn: Legal Affairs
                          Address: 7351 Orangewood Avenue, Garden Grove, California 92841


                          You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

                          In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay in the processing of your complaint.

                          13. ELECTRONIC COMMUNICATIONS

                            You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

                            14. ASSIGNMENT

                              You may not assign any of your rights under these Terms, and any such attempt will be null and void. House Foods and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of House Foods' business is transferred to another entity by way of merger, sale of its assets or otherwise.

                              15. NO WAIVER

                                No waiver by House Foods of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by House Foods to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

                                16. SEVERABILITY

                                  In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

                                  17. TERMINATION

                                    In the event that we terminate this Agreement, Sections 2-4, 6-9, 11-18, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

                                    18. ENTIRE AGREEMENT

                                      These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and House Foods and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

                                      19. QUESTIONS OR ADDITIONAL INFORMATION

                                        Please contact Customer Support by email at info@house-foods.com or by call 1-877-333-7077.