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Terms and Conditions for PostFoods.com

Welcome

We've designed our websites to be useful, informative and fun, and we hope you'll let us know how we can make them even better. All we ask in return is that you abide by the site terms that follow. Please read them carefully, because when you use our sites, you automatically agree to them.

Thanks for visiting!

Restrictions on Your Use of the Materials on Our Sites

(1) You agree not to reuse material from postfoods.com, pebblesplay.com or any other website operated by Post Holdings, Inc. or its subsidiaries (collectively, "Post"). In particular, you agree not to copy, distribute, republish, upload, post or transmit anything unless you get our written consent first.

Exception: You may download material onto one computer for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark or other proprietary notices. Modifying the materials or using them for any other purpose is a violation of our intellectual property rights.

(2) Everything you download — the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it — is considered licensed to you by Post.

That means we retain full and complete title to the software and all of the associated intellectual property rights. You're not allowed to redistribute, sell, reverse-engineer, disassemble or otherwise convert the material to any other form that people can use.

If You Submit Material to Us…

(1) All remarks, suggestions, ideas, graphics or other information that you communicate to Post through this site becomes and remains our property, even if this agreement is later terminated. This means that…

  • We don't have to treat any such submission as confidential.
  • You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
  • We will have exclusive ownership of all present and future rights to all submissions.
  • If we use them, or anything like them, for any purpose, we don't have to pay you.

(2) You acknowledge that you (and not Post) have full responsibility for any submission you make, including the message, its legality, reliability, appropriateness, originality and copyright.

Information About Health & Wellness

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Always consult with your personal physician prior to changing or undertaking a new diet or exercise program. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site. 

Indemnification

You shall indemnify, defend and hold harmless Post and its directors, officers, employees, and agents from and against any and all claims, actions, judgments, damages, liabilities, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or relating to your use of this site and services or any content or your violation of these terms and conditions. We reserve the right to terminate your access to the site at any time, without notice, for any reason whatsoever. You agree that Post is not responsible for any content posted by a visitor to this site or for any conduct of any visitor to this site or any other third party.

Limitation of Liability

It's so important for you to read the next two sections carefully, that the law actually requires us to put it in capital letters.

POST WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY…

  • USE OF (OR INABILITY TO USE) THE SITES,
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
  • FAILURE OF PERFORMANCE,
  • ERROR,
  • OMISSION,
  • INTERRUPTION,
  • DEFECT,
  • DELAY IN OPERATION OR TRANSMISSION,
  • COMPUTER VIRUS, OR
  • LINE FAILURE.

KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:

  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES");
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES — OR BOTH.

EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES.

Disclaimer

THE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) POST DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.

THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES…

  • THAT THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE.
  • THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.
  • THAT DEFECTS WILL BE CORRECTED.
  • THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. (WE THINK OUR RECIPES ARE GREAT, BUT WE HAVE NO CONTROL OVER CONDITIONS IN YOUR PARTICULAR KITCHEN OR HOUSEHOLD.)

IN ADDITION TO THE ABOVE, YOU (AND NOT POST) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Another Disclaimer

This site sometimes provides access to other websites, including without limitation, sites operated by promotional and business partners, licensors, licensees, sponsors and advertisers, or links contained within user-generated content. We don't endorse or approve any products or information offered at sites you reach through our site. Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still viewing a site operated by Post or if you have moved to another site. Your use of any linked site is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked site, so you should review them carefully. Post disclaims all liability in connection with your use of linked sites.

Jurisdiction

Unless otherwise specified, the materials in our sites are presented to provide information about Post and its products.

Post controls and oversees its sites from the company's offices in Parsippany, New Jersey, and St. Louis, Missouri, in the United States of America. We in no way imply that the materials on the sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.

Some software from our sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported…

  1. INTO (OR TO A NATIONAL OR RESIDENT OF) ANY COUNTRY TO WHICH THE UNITED STATES HAS PLACED AN EMBARGO (AS OF TODAY, THESE INCLUDE CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, SYRIA, AND YUGOSLAVIA); OR…
  2. TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S SPECIALLY DESIGNATED NATIONALS LIST OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS.

If you download or use the software, you are, in effect, confirming that you are neither located in, nor under the control of, nor a national or resident of any such country, nor are you on any such list.

Termination of This Agreement

This agreement is effective until terminated by either party.

You may terminate this agreement at any time, by destroying all materials obtained from all Post sites, along with all related documentation and all copies and installations.

Post may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

In addition, by providing material on our websites, we do not in any way promise that the materials will remain available to you. Post is entitled to terminate all or part of any of its websites at any time, without notice to you.

Miscellaneous Points

These site terms and conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of New Jersey (without applying the state's conflict-of-law principles) and any and all disputes, claims and causes of action arising out of or connected with this site shall be resolved individually, without resort to any form of class action, and exclusively before a Court of competent jurisdiction located within the State of New Jersey. Post may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.

 

This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.