Thank you for visiting this website (this “Site”),which is owned by Steve’s Ice Cream, LLC (“Steve’s”,“we”, “us”, or “our”).
Acceptance of These Terms of Use
These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. We may, at anytime, revise or modify these Terms of Use or impose new conditions for use of the Site. Such changes shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Sites.Any use of a Site by you after such notice shall be deemed to constitute acceptance of such changes.
Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our
Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. Any inconsistencies between these Terms of Use and our Privacy Policy will be governed by these Terms ofUse.
Copyright
This Site belongs to Steve’s. Steve’s or other third parties who have licensed Steve’s use own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for noncommercial; personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Steve’s Ice Cream’s written permission.
Trademark
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Steve’s or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Your use/misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Steve’s will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Your Submissions
If you submit comments, suggestions, ideas, notes, drawings, concepts, recipes or other information to Steve’s through a Site or in response to solicitations on a Site (“Submissions”), you automatically assign to Steve’s all right, title and interest in and to your Submissions. You acknowledge that your Submissions shall be deemed and shall remain the property of Steve’s, and you agree that Steve’s is entitled to unrestricted use of your Submissions for any purpose whatsoever (commercial or otherwise) without compensation to you, including, without limitation, its publication or placement on the Sites. Steve’s will treat any Submissions you provide as non-confidential and non-proprietary. You understand and acknowledge that Steve’s has both internal resources and external resources which may have developed or may in the future develop ideas identical to or similar to your Submissions and that Steve’s is only willing to accept your Submissions on these terms.
Copyright Complaints (DMCA Policy)
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send jenis.com a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent or the law.
- A statement that the information you have supplied is accurate, and indicating under penalty of perjury that you are the copyright owner or authorized representative.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
See
http://www.copyright.gov for details. Notices and counter-notices should be sent to: Legal Department –Steve’s Ice Cream/DMCA Notices, c/o Dean Foods Company 2711 N. Haskell, Suite3400, Dallas, TX 75204. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Content Updates
This website may contain errors and may not be complete or current. We reserve the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors or omissions may relate to product descriptions, pricing and availability, and we reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Limitation of Liability; Warranty Disclaimer
Your use of and browsing on this Site are at your own risk. Neither Steve’s nor any other party involved in creating, producing or delivering this Site is liable for any damages whatsoever, including direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE ISAT YOUR SOLE RISK. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. Steve’s assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to Steve’s it will be true, accurate, current, and complete and that you will update all personal information as necessary. You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Indemnification
You agree to defend, indemnify and hold harmless Steve’s and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Sites, including, without limitation, any use of the Content other than as expressly authorized in these Terms of Use.
Links to Other Websites
Steve’s does not make any representations or warranties about any website you may access through this Site. Any such website is independent from this Site, and Steve’s has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between this Site and another website does not mean that Steve’s endorses that website. You need to make your own independent decisions regarding your interactions or communications with any other website.
United States Only
Unless otherwise specified, the Sites and the Content are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. Steve’s Ice Cream makes no representation that the Sites or the Content is appropriate or available for use in other locations. If you access a Site from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Violations
Steve’s Ice Cream reserves the right to seek all remedies available at law and inequity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the Sites and to refer any illegal or unauthorized use of the Sites to law enforcement.
Waiver and Severability
No waiver of these Terms of Use by Steve’s will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Steve’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Steve’s with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.
Contact Information
If you have questions or comments about these Terms of Use or the Site,
please write, phone or email us via the contact information below:
Steve Ice Cream, LLC
c/o Dean Foods Company
Legal Department
2711 N. Haskell Ave., Suite 3400
Dallas, TX 75204