Bear Creek

Terms of Use

Effective Date: June 15, 2011

The following terms of use (“Terms of Use”) constitute an agreement between you (“You,” “you,” or “your”), and Specialty Brands of America, Inc. and its affiliates (collectively, “Company,” “we,” or “us”) with regard to your use of our websites (“Site”). When we use the term “Site” below, we also mean all other websites owned or operated by us, any services we provide on or through the Site, and the Content (as defined below), unless the context makes clear otherwise.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USING OR ACCESSING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF USE, INCLUDING THAT YOU AGREE TO TRANSACT WITH US ELECTRONICALLY AND THAT YOU CONSENT TO THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THIS SITE.

1. License; Restrictions. We hereby grant you a limited, nontransferable, non-exclusive, non-assignable, personal license to view and access the Content on the Site solely for noncommercial and informational purposes. You agree that all information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images, data, content and other materials and services found on the Site (collectively "Content") shall not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any manner, without the prior written consent of Company. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, trade secret or other proprietary right of Company or any third party. You may use the Site for lawful purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

2. Ownership. Unless otherwise noted, the Site, all Content and other materials on the Site are owned by Company or our licensors and is protected by copyright, trade dress, trademark and/or other intellectual property law or proprietary rights. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a breach of these Terms of Use. Other products and third party names mentioned herein may be the trademarks or tradenames of their respective owners. There are a number of our proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making them available on this Site, we are not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Company’s or any third party’s intellectual property rights. Use of our proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in these Terms of Use.

3. Communications. We do not solicit, but may accept, any Site, services, product or process ideas, innovations, inventions, suggestions, improvements, techniques, communications or other user submissions, including any materials, information, data, submissions or content related thereto, that you transmit or provide to us or post to the Site (collectively, the "Communications"). You agree to assign, and hereby do assign, all right, title and interest in the Communications (including all intellectual property and proprietary rights therein) to us and agree that the Communications will forever be the property of Company without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under our Privacy Policy, any Communications will be considered non-confidential and non-proprietary. Company will not be liable for any ideas for its business (including without limitation, product, sales or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Company operations. Company will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere. You agree that you own or have valid rights to submit the Communications and grant the rights set forth in these Terms of Use.

For any Communications that cannot be legally assigned to Company, you hereby grant Company and its designees an unrestricted, worldwide, perpetual, royalty-free, assignable, transferable, sublicensable, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Company is free to use any Communications that you send Company for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

4. Links To Third Party Web Sites. This Site may provide links to other third party websites or resources. Such links to third party websites on this Site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Company makes no representations whatsoever about any other website which you may access through this Site, or any information, software or other products or materials, found therein, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to from this Site, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

5. Disclaimer. THE SITE, CONTENT AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT, THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, MATERIALS, DATA OR INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE COMPANY MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT COMPANY ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT COMPANY. COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

6. Limitation of Liability. IN NO EVENT WILL COMPANY OR ITS AFFILIATES, SUPPLIERS OR PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE (INCLUDING THE CONTENT THEREIN), ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND OUR LIABILITY SHALL BE LIMITED TO MAXIMUM AMOUNT ALLOWED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED $100.00.

7. Procedure for Making Claims of Copyright Infringement. We respect the intellectual property of others, and we ask those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
  2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
  3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
  4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
  5. Your name, address, telephone number, and email address so that we may contact you.
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
copyright@sbamerica.com
If you believe that any Content has been taken down improperly, you may provide counter-notification in writing to our designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

8. Applicable Laws. Company, from its offices within the United States of America, controls this Site. Company makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of New York. By using this Site, and agreeing to the Terms, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in New York, New York.

9. Termination. Company, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Company believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of these Terms of Use. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

10. Privacy. Company recognizes the need to protect the privacy of users of this Site. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into and a part of these Terms of Use. Please read our Privacy Policy carefully before using this Site. Using or accessing this Site indicates that you consent to the information practices disclosed in our Privacy Policy. This Site is not intended for children younger than 13 years old. We do not collect personal information from any person we actually know is younger than 13.

11. Indemnity. You agree to indemnify, defend and hold Company, its affiliates and partners, and its and their directors, officers, employees, agents and representatives, harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (either directly or indirectly): (a) your use of and access to the Site; (b) any alleged or actual breach of the Terms of Use; and/or (c) any allegation that any Communications or materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property rights, or other rights, of any third party. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Revisions. Company may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. If you disagree with any changes to the Terms of Use, you should discontinue your use of the Site. Your ongoing use of any of the Site after the changes are posted signifies your agreement to the new or changed terms. We encourage you to review the Terms of Use regularly. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and Company makes no commitment to update the materials and services at this Site.

13. Entire Agreement. This contract and any supplemental terms, policies, rules and guidelines posted on the Site, including, without limitation, the Privacy Policy, constitute the entire agreement between you and us, and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.