Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the newberrynibblers.com website (the "Service", "Services", the "Site") operated by Newberry Nibblers, LLC ("us", "we", "our"). We may modify these Terms at any time without notice to you by posting revised Terms on the Site.

Conditions of Use

We will provide these Services to you, which are subject to the conditions stated herein. Every time you visit this Site, use its Services or make a purchase, you accept the following conditions. We urge you to read them carefully.

If you do not agree to these Terms of Service or the Privacy Policy, do not access or otherwise use the Site or Services.

Privacy Policy

Before you continue using the Site we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.

Copyright

Content published on this Site (digital downloads, images, texts, graphics, logos) is the property of Newberry Nibblers, LLC and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this site is the exclusive property of Newberry Nibblers, LLC, with copyright authorship for this compilation by Newberry Nibblers, LLC.

Site Content

Our Site contains content created by us and content created by third-parties. This content may include, but is not limited to, company information, and product or service information or reviews. It may also include information about products and services offered by parties other than Newberry Nibblers, LLC, such as product/service descriptions, offerings, store locations, coupons, and promotions. We do not guarantee the accuracy, the integrity, the completeness, or the quality of the content on our Site, and make no warranty thereof. If you use this Site, its Services and/or any of the content therein, you do so at your own risk. Without limitation, we are not responsible for postings by users in any user opinion, message board, or feedback sections of our Site.

Although we take measures to control the content on our Site, you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Communications

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

Your Account

If you provide registration information to the Site, the information you provide is to be true, accurate, current and complete. You will promptly update registration information to maintain its accuracy and completeness.

If you choose to create an account on this Site, you are the owner of your account and are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.

Your Conduct Using Our Site and its Services

By using this Site, you agree that content you post will not be obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.

We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion. You agree that we will not be liable to you or any third party for taking any of these actions.

We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant us non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.

Without limiting the foregoing, you agree that you will not use our Site for any unlawful or unauthorized purposes, including but not limited to the following actions:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

  • Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

  • Copy, modify, distribute, advertise, sell, or offer to sell any of the Services for any commercial purpose unless you have our written consent to do so;

  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

  • Download any file that you know or reasonably should know cannot be legally obtained in such manner;

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

  • Restrict or inhibit any other user from using and enjoying any public area within our Site;

  • Collect or store personal information about other end users;

  • Interfere with, disrupt, damage, or impair our Site, servers, or networks;

  • Impersonate any person or entity, including, but not limited to, a Newberry Nibblers, LLC representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;

  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

  • Upload content to which you do not have a copyright, license, or are otherwise not authorized to utilize.

  • Engage in any illegal activities.

Indemnification

By using this Site, you agree to indemnify, defend, and hold Newberry Nibblers, LLC and all of our officers, directors, owners, employees, interns, mentors, assistants, agents, information providers, affiliates, partners, and licensors harmless from and protected against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Newberry Nibblers, LLC Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

  • Your use of our Site;

  • Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;

  • The content, the quality, or the performance of content that you submit to our Site;

  • Your connection to our Site;

  • Your violation of these Terms; or

  • Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Disclaimers

Except to the extent that you may have greater rights in a separate signed or online agreement with us: (a) we disclaim any responsibility for the deletion, the failure to store, the failed/bad delivery, or the untimely delivery of any information or material; (b) we disclaim any responsibility for any harm resulting from downloading or accessing or using any photos, information or material obtained from our Site; (c) we disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED.

​NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, CONTENT, SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third-party websites, Services and Products

Our Site may contain links to other websites owned or operated by third-parties. Your use of each of those sites is subject to the conditions, if any, that each of those websites has posted. We have no control over third-party websites, and we are not responsible for any content on them or changes thereof. Our inclusion on our Site of any third-party content or a link to a third-party website is not an endorsement of that content, the third-party website or the owners of the third-party website.

Applicable Law

By visiting and/or using this Site, you agree that the laws of the United States and the State of South Carolina, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Newberry Nibblers, LLC (and/or our business partners and associates) and you.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by the courts in the state or county municipality in which we are based and you consent to exclusive jurisdiction and venue of such courts.

License and Site Access

Without limiting the foregoing, we grant you a limited license to access and make personal use of this website. You are not allowed to download, modify it or reproduce it. This may be done only with written consent from us.