Harry's Fresh Foods Web Site Terms of Use

Agreement

This Site, including its related password-protected broker extranet (the “Site”), are owned by The Harris Soup Company, an Oregon corporation (“Harry’s Fresh Foods” or “Harry’s”) and is made available to you for informational purposes.  By accessing or using this Site, you agree to these Terms of Use and to our Privacy Policy, which is a part of our Terms of Use.  If you are a broker, your use of the extranet is subject to your broker agreement with Harry’s Fresh Foods and these Terms of Use and the Privacy Policy, to the extent the Terms of Use and Privacy Policy are not inconsistent with your broker agreement.  If you do not agree to the Terms of Use and our Privacy Policy, you may not use this Site.  Harry’s also reserves the right to change the terms, conditions and notices under which this Site is offered, and your use of this Site following any such changes shall be deemed to constitute your consent to such modified Terms of Use.  If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.  This is the entire agreement between you and Harry’s regarding all aspects of your use of this Site.

Disclaimer and Limitation of Liability

This Site and its contents are provided on an “AS IS” basis and without warranties of any kind, whether express or implied.  Harry’s Fresh Foods makes no warranties or representations about the accuracy or completeness of this Site’s content.  Harry’s Fresh Foods disclaims all warranties, express or implied, including non-infringement and lack of computer virus.  All information on this Site is subject to change without notice.  Harry’s Fresh Foods does not represent or warrant that this Site will be available uninterrupted or error free, or that defects will be corrected.

In no event shall Harry’s Fresh Foods be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Harry’s Fresh Foods has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials on or available from this Site.  You agree to assume all risks of your use of this Site.

Harry’s Fresh Foods uses ODI Technologies, Inc. to host this Site.  Harry’s Fresh Foods is not responsible for the actions or inactions of ODI Technologies, Inc.

Indemnification

You agree to indemnify, defend and hold harmless Harry’s Fresh Foods, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorney fees and court costs, arising from or in any way related to your use of this Site.

Copyrights and Trademarks

The material contained in this Site, including text, images, designs, logos, data, graphics, slogans, trade dress, photographs, and product names, are copyrighted and/or trademarked.  Any unauthorized use of this material may violate copyright, trademark and other laws.  This material should not be reproduced or used without the express written permission of Harry’s Fresh Foods.  Nothing on this Site should be construed as a license to use this material.  HARRY’S, HEAVEN’S DELIGHT, STEAKMAN JACK’S. DAD’S BATHTUB, BAD JACK’S, SMOKIN’ STAMPEDE, and JUMPIN’ JILLIE’S are registered trademarks of Harry’s Fresh Foods.  Harry’s also has many unregistered trademarks.  Other trademarks and trade names that may be used in this Site refer to either the entities claiming the marks or names of their products.  Harry’s Fresh Foods disclaims any proprietary interest in trademarks and trade names other than its own. 

Links

This Site may provide access to other web sites.  Harry’s does not control these sites, and  if you choose to access them, you assume any risks involved.

Jurisdiction

Harry’s Fresh Foods controls the Site from its headquarters in Portland, Oregon, USA.  We in no way warrant or imply that the materials on this Site are appropriate for use outside the USA.  If you use this Site from a location outside of the USA, you are solely responsible for compliance with any applicable local laws.  Any claim relating to this Site or your use of it shall be governed by the law of the State of Oregon, USA, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal court located in Multnomah County, Oregon, USA.