TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Hostess Brands, LLC. P.O. Box 419593, Kansas City, MO 64141-6593. The phone number is 800-483-7253. All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Hostess or by other parties that have licensed their material to Hostess. Material on http://hostesscakes.com or any Web site owned, operated, licensed or controlled by Hostess is solely for your personal, non-commercial use. Such material 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 the owner, modification of the materials, use of the materials on any other Web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights and is prohibited.
Hostess may use the site to provide certain information about our operations and products (the “Information”) and to participate in certain Hostess promotions and sweepstakes (the “Services”). Hostess grants you access to the site during the term of this agreement solely to receive the Information and Services. You may not license, create derivative works from, frame in another Web page, use on any other site, or sell any information, databases or lists obtained from the Site. When requested, you agree to provide true, accurate and complete user information. You shall not access or attempt to access password protected, secure or non-public areas of the site without Hostess’s prior written permission. You will comply with all privacy laws. You will not engage in the screen scraping, data mining or other similar practices.
FORWARD LOOKING STATEMENTS
This site may contain forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. These statements are based on current expectations and are subject to certain risks, uncertainties and assumptions. We cannot be sure that these expectations will prove to be correct. Should one or more of our assumptions prove incorrect, our actual results could differ materially from those anticipated in these statements. These statements speak only as of the date of any news release or other posting, and Hostess is not obligated to publicly update or revise them to reflect future events or developments except as required by law. We have provided additional information in our filings with the Securities and Exchange Commission. You are encouraged to review those filings, which contain other factors that could cause actual results to differ materially from those indicated in any forward-looking statement at this site.
Hostess welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Hostess. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Hostess site, including but not limited to, any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Hostess site without prior written consent.
Any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will become the property of Hostess throughout the universe. You hereby assign such submissions to Hostess. Hostess shall be entitled, consistent with our policies regarding privacy, to use the material or any of its elements for any type of use forever, including in any media whether now known or hereafter devised. When you submit material to Hostess Web site, you agree that Hostess has the right to publish or otherwise use the material or any of its elements for any type of use, including promotional and advertising purposes, subject to Hostess policies regarding privacy. Hostess may refuse post any such submissions or take them down for any reason, including violation of these terms.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Hostess that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not without the prior written permission of Hostess use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE INFORMATION OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOSTESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOSTESS AND ITS AFFILIATES AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR INFORMATION; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE INFORMATION; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) INFORMATION, DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE INFORMATION.
CHANGES TO SITE
Hostess may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. Hostess may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
You agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the site or the services provided on the site will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) this arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at the AAA regional office nearest you; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this agreement; (5) the arbitrator shall apply Missouri law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against any party; (8) in the event that the administrative fees and deposits you are required to pay in connection with the arbitration exceed $125, and you are unable to pay the additional fees and deposits, Hostess Brands, LLC retains the right to forward the fees on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hostess Brands, LLC retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) if any part of this arbitration provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration provision shall remain in full force and effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
Unless otherwise specified, the materials on the Hostess Web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Hostess from its offices within the State of Missouri, United States of America. Hostess makes no representation that materials in Hostess’s Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, as it is applied to agreements entered into and to be performed entirely within such State. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Hostess.
Hostess and other logos, product and service names are trademarks and service marks owned by or licensed to Hostess or its affiliates (the “Marks”). Without the prior written permission of Hostess, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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