Terms of Use

Effective: January 1, 2020

PLEASE READ THESE TERMS OF USE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

  1. All information, materials, text, images, audio, video, computer code, software, and other content appearing on this Site (collectively, the “Content(s)”) are the property of Premier Brands of America Inc. (“PBA,” we,” “us,” or “our”), its affiliates and/or applicable third parties. You may not report, modify, publish, sell, reproduce, distribute, post, display, transmit, or in any way exploit any of this Site’s Contents for commercial purposes. You may, if you wish, download and retain on a disk or in hard drive form a single copy of the Contents of this Site for personal, non-commercial purposes as long as you do not remove any proprietary notices.

The Content provided on this Site is for general informational and educational purposes only.  Please read and review these Terms of Use carefully before accessing or using this Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree with these Terms of Use, do not access or use this Site.

  1. While PBA has made reasonable efforts to include Content on this Site which is accurate and timely, PBA makes no representations or warranties as to the accuracy of such Content and, specifically, PBA assumes no liability or responsibility for any errors or omissions in the Contents of this Site. Moreover, PBA neither warrants nor represents that your use of the Contents will not infringe the rights of third parties who are not affiliated with PBA. Your access to and use of this Site are at your own risk, and neither PBA nor any party involved in the creation, transmittal, or maintenance of this Site shall be liable to you for any direct, indirect, consequential, incidental or punitive damages of any kind allegedly arising out of your access or use of this Site, or your inability to access or use this Site. Notwithstanding anything to the contrary contained herein, the Contents of this Site are provided to you on an “AS IS” basis and specifically WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that in some jurisdictions applicable law may not permit the exclusion of implied warranties and, as a result, some of the exclusions referenced above may not apply to you. You should check your local laws for any limitations or restrictions which might impact you.
  2. PBA assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect your computer equipment resulting from your access to or use of this Site, or the downloading of any information from this Site.
  3. You will not: (i) use any hardware or software intended to damage or interfere with the proper working of this Site; (ii) intercept any system, data or personal Content from this Site; or (iii) interrupt or attempt to interrupt the operation of this Site in any way. We reserve the right, in our sole discretion, to limit or terminate your access to or use of this Site, in whole or in part, at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.
  4. If in the event this Site provides visitors with an opportunity to post messages, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. PBA shall not be responsible for content posted to its Site by third parties
  5. All trademarks, trade names, service marks, trade dress, Content and third-party content displayed on this Site, (“Intellectual Property”), are PBA’s property or the property of PBA’s licensors, content providers or other third parties. Except as specifically provided in these Terms of Use, nothing in these Terms of Use or on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without PBA’s or the licensor’s, content providers’ or other third parties’ prior written consent. Misuse of the Intellectual Property is strictly prohibited, and PBA will aggressively enforce its rights to the fullest extent of the law.
  6. The pictures and images of people, products, places or things displayed on this Site are either the property of PBA or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorized or affiliated with you is strictly prohibited. Unauthorized use of pictures and images may violate applicable law and regulations, including but not limited to copyright, trademark, or privacy laws.
  7. Internet users located in countries which are subject to U.S. trade embargo laws and regulations are prohibited from accessing this Site and are asked to promptly exit at this time.
  8. Except as expressly set forth in our Privacy Policy, and without limiting any other provisions of these Terms of Use, any communication or material you send to us by any means, including through the Site, by email, or otherwise, is and will be non-confidential. PBA shall be free to use all ideas, suggestions, inventions, know-how, and techniques contained in such communication for any purpose, including invention, development, manufacturing, and marketing products, without any notification or compensation to you.
  9. This Site may provide links or references to other Websites that are operated and maintained by third parties with no affiliation with PBA. These websites operate independently from PBA and are not under PBA’s control or responsibility. Such links to other sites are provided only as a convenience to users of this Site. As a result, PBA is not responsible for the content of such linked sites and your linking to such sites is at your own risk. PBA shall not be liable for any damages or injury arising from your access to such sites.
  10. PBA reserves the right to update, alter or delete any material from the Content of this Site at any time. PBA further reserves the right to discontinue this Site at any time and without notice.
  11. The Content on this Site is designed to comply with the laws of the United States and intended for access and use by U.S. residents only. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any cause of action with respect to this Site or this Agreement must be filed in the County of Westchester, State of New York. This is the entire Agreement between the parties relating to the subject matter herein.

CONTACT US

If you have any questions about these Terms of Use, please contact us by email at privacy@premier-brands.com; or by phone at: (866) 964-0939 or by mail at:

Premier Brands of America
170 Hamilton Avenue, Suite 201
White Plains, NY 10601

© 2020 Premier Brands of America Inc.