(Effective Date January 15, 2013
Thank for visiting this Website owned and provided by ASR Group. Your access to, and use of this site, or any other Website (each a “Site”) owned or provided by American Sugar Holdings, Inc. and/or any of its related, affiliated, or subsidiary companies (together “ASR Group”) is subject to the following terms and conditions enumerated below (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you automatically accept, without limitation or qualification, these Terms and Conditions. Please read these important Terms and Conditions below. If you are using this Site for more than your own personal information, education or enjoyment, you could be violating the law.
Although ASR Group may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site (“Postings”), we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on this Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. ASR Group will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. ASR Group may remove Postings at any time, and for any reason.
All material from this Site may not be copied, distributed or republished, displayed, licensed, sold, modified, reused, uploaded, posted or transmitted in any way, without the prior written consent of ASR Group except as provided below. You may only download material displayed and identified on the Site as specifically available for downloading and provided you do not delete or change any copyright, trademark or other proprietary notices contained on the materials. Such material is for non-commercial, personal use only. You may not distribute, modify, transmit, reuse repost or use the content of the Site for public or commercial purposes, including text, images, audio and video, without ASR Group’s written permission. Modification or use of materials for any other purpose violates our intellectual property rights.
Software downloaded, including the files and images incorporated in or generated by the software and all accompanying data, is licensed to you for your personal, non-commercial use and may not be redistributed, sold, reverse-engineered, disassembled or otherwise converted to any other form. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Site may contain links allowing you to leave this Site for other sites that are not under the control of ASR Group. We have not reviewed all the websites linked to this Site and are not responsible for the content of any other websites linked to this Site. Your linking to any other website is at your own risk, and ASR Group shall not be liable for any damages or injury arising from access to, or use of, such sites. Please be mindful of this as you link to other outside websites.
ASR Group does not object to links to our Site from third-party websites; however, any person or entity linking to our Site must strictly abide by the following rules: (1) unless we have a written agreement with you, you may not use any of ASR Group’s trademarks, logos or slogans in or with your links; (2) do not present the link to this Site in any way that suggests ASR Group has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with us to do so; (3) you may link to this Site using the plain text name of this Site; (4) link only to the home page of this Site; (5) do not, without ASR Group’s written permission: (a) incorporate any content from this Site into your Website (e.g., by in-lining or framing) or (b) use any ASR Group names, trademarks, slogans, or any other words or codes identifying ASR Group Site in any “metatag”. We will not tolerate links from any website that may adversely affect the name, reputation and goodwill of ASR Group and its products. ASR Group reserves the right to cancel permission to link at any time, for any reason.
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this Site belong to ASR Group 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 ASR Group will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
Copyright Complaints (DMCA policy)
ASR Group, at its discretion, may suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 Service Provider to locate the material;
Information reasonably sufficient to permit 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;
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; and
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.
Please send your notice to:
American Sugar Holdings, Inc.
Attn: Legal Department
One North Clematis Street, Suite 200
West Palm Beach, FL 33401
As there can be penalties for false claims, we urge you to consult with your legal advisor before filing a notice or counter-notice.
Your use of, and browsing on, this Site is at your own risk. ASR Group 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. ASR Group makes no warranties or representations as to the accuracy of anything contained on the Site. Without limiting the foregoing, EVERYTHING PROVIDED TO YOU ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ASR GROUP OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ASR GROUP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASR GROUP BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
If you elect to register on our Site and select a user name and password, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Further, you agree to defend, indemnify and hold harmless ASR Group and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms and Conditions.
This Site is intended for residents of the United States only. ASR Group makes no representation that the materials in the Site are appropriate or available for use in other locations. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable local laws. These Terms and Conditions represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms and Conditions are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and Conditions shall remain in full force and effect. The failure of ASR Group to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit ASR Group’s rights with respect to such breach or any subsequent breaches. These Terms and Conditions shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms and Conditions or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
How to Contact Us
If you have any questions or concerns about these Terms and Conditions or your dealings with this Site, please Contact Us.
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