Terms of Use

Sara Lee Desserts, Inc. d/b/a Sara Lee (“us”, “we” or “our”) is excited to provide you this website (the “Site”) and associated services (the “Services”). By use of the Site, you are agreeing to these Terms of Use. These Terms of Use govern your use of the Site and the Services. Please note that we may modify these Terms of Use at any time and without notice, simply by posting a modified Terms of Use on the Site. Any such modified Terms of Use will be effective immediately upon posting on the Site, so please check back periodically. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and Services. Your continued use following the posting of modifications will constitute your acceptance of the revised Terms of Use. Please read this entire document carefully before using the Site and the Services. Please let us know if you have any questions or concerns at questions@saraleefb.com. The Site and Services are available ONLY TO USERS 18 YEARS OF AGE OR OLDER.

1. Acceptance of Terms

By using the Site, you agree to the Terms of Use. In addition, when using particular Services, there may be additional policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use.

2. Services provided by Sara Lee Desserts

Sara Lee Desserts currently provides users with access to a variety of Services, which may include but is not limited to, communications tools, discussion groups, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Such Services may be eliminated, changed or upgraded by Sara Lee Desserts from time to time without notice to you. Any modifications to current Services, including without limitation any new features that augment or enhance the current Services, shall be subject to these Terms of Use.

3. Site Access, License, and Privacy

For privacy considerations, users under the age of thirteen (13) are not permitted to use the Services or access the Site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and use the Services (the “License”). You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Service or Site. In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to use the Services or access the Site.

If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved and the examination of other material. We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Sara Lee Desserts values your privacy and understands your privacy concerns. We work hard to build trust with our customers and will continue to do so. Accordingly, use of the Services and this Site is subject to our Privacy Policy. For more information, please read the full Privacy Policy. You further understand and agree that any information collected by Sara Lee Desserts may be transferred to the United States and/or other countries for storage, processing and use by Sara Lee Desserts and/or its affiliates.

4. Registration Policy

In order to use certain Services, such as joining the Sara Lee Desserts eClub, you may be required to register with Sara Lee Desserts. In consideration of your use of these Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree that Sara Lee Desserts may provide any and all notices, statements, and other communications to you through e-mail to the e-mail address provided in the Registration Data.

5. Spam Policy

In order to maintain the integrity of the Site, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by Sara Lee Desserts (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services which are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (“Spam”). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to “scroll” faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users ability to engage in real-time exchanges, (ii) using “bots” or otherwise harvesting other users’ information, including email addresses, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party’s internet domain name, or be relayed from or through a third party’s computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

6. Links to 3rd Party Sites

The Site and Services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of, any transmission received from or the stability of, any Linked Site. Sara Lee Desserts is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Sara Lee Desserts or any association with its operators, or guarantee that the content contains accurate information. Please review the privacy statements and terms of use posted at the Linked Sites.

7. Intellectual Property Rights; Submitted Content; Copyright Infringement Notification Process

7.1 Intellectual Property Rights. The products and services offered on the Site, as well as their selection and arrangement, are protected by intellectual property rights, and any unauthorized use of the Site or the Services may violate such Intellectual Property Rights laws and these Terms of Use. Sara Lee Desserts and its licensors own all right, title and interest to the Intellectual Property Rights of the products and services offered on the Site. This Agreement does not convey or transfer any ownership rights to you. The trademarks, logos and service marks displayed on the Site are the property of Sara Lee Desserts or other third parties. You are not permitted to use these marks without the prior written consent of Sara Lee Desserts or such third party that may own the marks. You may not remove or obscure any copyright notice or other proprietary notices contained on the Site or any products or services retrieved through the Site.

7.2 Your Content. You may be allowed or required to submit to Sara Lee Desserts or the Services may collect content from you, content (including photographs, videos, writings and recordings) (collectively, “Your Content”). As between You and Sara Lee Desserts, you shall remain the sole owner of and solely responsible for Your Content. Sara Lee Desserts does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Sara Lee Desserts a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Sara Lee Desserts. Sara Lee Desserts reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal. Publication of any of Your Content is at the sole discretion of Sara Lee Desserts. You hereby certify that you own all Your Content, or otherwise have the right to freely redistribute Your Content without limitation, and that submitting Your Content will not violate or infringe upon the rights of any third party, including but not limited to, any Intellectual Property Rights, right of publicity or other proprietary rights. You certify that Your Content contains no elements and produce no results that are defamatory, obscene, or in violation of any law. You further certify that Your Content contains no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. Sara Lee Desserts assumes no liability with respect to disputes over Your Content ownership, copyright, or trademarks. In the event that Sara Lee Desserts is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, we will remove Your Content in question in a timely manner, with no obligation to notify you of the removal.

7.3 Transmission of Your Content. “Your Content” means registration information, business and financial information, electronic transmissions and all other data of any kind contained within e-mails or otherwise submitted by You or entered electronically in the course of Your use of the Site and Services. You understand that the technical processing and transmission of Your Content (including possibly transmission of Your Content outside its country of origin) may be necessary to Your use of the products and services offered on the Site, including the Services, and consent to Sara Lee Desserts interception and storage of Your Content. You understand that You or Sara Lee Desserts may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and/or operated by Sara Lee Desserts. You agree that Sara Lee Desserts is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and/or operated by Sara Lee Desserts.

7.4 Copyright Infringement Notification Process. Sara Lee Desserts abides by the Federal Digital Millennium Copyright Act (“DMCA”). If you believe that any content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Sara Lee Desserts of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:

DMCA Complaints

Sara Lee Desserts
P.O. Box 708
Kings Mountain, NC 28086
Telephone: 630.282.9900
Email: questions@saraleefb.com

Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of this Agreement. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand Your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Sara Lee Desserts rights and obligations under the DMCA and do not constitute legal advice. Sara Lee Desserts will remove the infringing content, subject to the procedures outlined in the DMCA.

7.4.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult Your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.4.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

8. Disclaimer of Warranties/Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICES AND THE SITE ON AN “AS IS, AS AVAILABLE” BASIS. YOU USE IT AT YOUR OWN RISK, AND SARA LEE DESSERTS, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US AND NOT WITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend and hold harmless, Sara Lee Desserts, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or any other actions connected with your use of the Site or the products or services offered on the Site, including the Services. Your indemnification obligations include claims arising out of any of Your Content, as well as any claims arising out of acts or omissions by your employees, and any other person or entity who gains access to the Sara Lee Desserts products or services using your name either with your permission or as a result of your failure to use reasonable security measures.

10. Injunctive Relief

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site, which is in addition to any other remedies available at law or in equity.

11. Jurisdiction

These Terms of Use, and the rights and obligations hereunder, are be governed by, and construed in accordance with, the laws of the State of Arizona disregarding any choice of law provisions. Any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

12. No waiver; Severability

A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use. We do not waive any rights by the failure to enforce this policy in every instance in which it might apply. In the event that any provision of these Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

13. Assignability

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

14. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.