Welcome to middleswarthchips.com! These Terms of Use apply to your use of this website (www.middleswarthchips.com), middleswarthchips.com’s social media, and all other places where these Terms of Use appear or are linked. For the purpose of these Terms of Use, “middleswarthchips.com”, “we”, “our”, or “us” refers to middleswarthchips.com, a Pennsylvania company, and includes all of our Affiliates as well as our social media.
These Terms of Use are a legally binding agreement between you and middleswarthchips.com. Please read these Terms of Use carefully before you access or use our media. By accessing our media, you agree to these terms of use in their entirety. If you do not agree, do not use our website or social media outlets.
Privacy
Please review our Privacy Policy.
Proprietary Rights and Limited License
Nothing on middleswarthchips.com shall be copied, distributed, transmitted, displayed, republished, reproduced, downloaded, or posted in any form whatsoever without the express written consent of middleswarthchips.com (or the appropriate licensor). Any middleswarthchips.com IP is strictly prohibited, except as set forth in these Terms of Use.
Customer Content
Middleswarthchips.com welcomes your comments, suggestions, ideas, questions, and other communications (collectively, “Customer Content”) through our media, provided that such Customer Content complies with these Terms of Use. We accept Customer Content on the condition that you grant middleswarthchips.com a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, and prepare derivative works based on and publicly perform, publish, display, and distribute Customer Content for any purpose whatsoever, without restriction, throughout the world, and without compensation to you. This license is effective automatically (without further action by you) when you submit Customer Content to middleswarthchips.com.
Customer Content shall not violate the law or any third-party’s rights (including, without limitation, intellectual property rights), cause injury or damage to any person or entity, or contain any objectionable material.
Even though we cannot monitor all Customer Content, you understand that we shall have the right, but are not obligated, to monitor Customer Content on our media to determine compliance with these Terms of Use. We shall have the right, in our sole discretion, to edit, delete, move, or refuse to post any Customer Content submitted to or posted on social media for any reason, including violation of these Terms of Use, whether for legal or other reasons. You are solely responsible for any Customer Content that you submit and you agree to indemnify middleswarthchips.com and its Affiliates for all claims resulting from any Customer Content you submit.
Middleswarthchips.com Affiliates
The term “Affiliates” shall mean all current or future companies or entities that now or that are in the future: (a) controlled by; (b) under common control with; or (c) controlling middleswarthchips.com, wherein “control” means possession directly or indirectly of the power to direct or cause the direction of management or policies of an entity through the ownership of at least fifty percent (50%) of the voting securities, by contract, or otherwise.
Warranty Disclaimer
Middleswarthchips.com cannot and does not represent or warrant that our media or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
All information, content, products, services, materials, and user content included on or made available to you through this website and our social media (collectively, the “content”) are provided by middleswarthchips.com on an “as available,” “as is” basis, without warranties or representations of any kind whatsoever. We make no representations or warranties of any kind, express or implied, as to the operation of our social media, the accuracy or completeness of the content, or that emails sent from middleswarthchips.com are free of malware or other harmful components. You expressly agree that your use of our website, associated websites, and our social media is at your sole risk. We will not be liable for any damages of any kind arising from the use of our website or our social media or the content including, without limitation, direct, indirect, consequential, and punitive damages, unless otherwise agreed by us in writing. To the full extent permitted by law, we disclaim any and all warranties and representations with respect to our website, our social media and the content, whether express or implied, including, without limitation, merchantability, warranties of title, and fitness for a particular use or purpose.
If nutrition, ingredient, allergen, and other product information is provided through our website or social media, middleswarthchips.com does not represent or warrant that such information is accurate or complete. On occasion manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our website or social media and that you consult the product’s label or contact the manufacturer directly if you have a specific dietary concern or question about a product.
In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use, or reliance on any third-party names, marks, products, advertisements, or services or pop-up texts or links to third-party applications that appear on our website or our social media.
Limitation of Liability
Under no circumstances shall middleswarthchips.com or its affiliates or their respective employees, directors, agents, or officers be liable for any direct or indirect damages or losses arising out of or in connection with your use of or inability to use of our website or our social media. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if middleswarthchips.com has been advised of or should have known of the possibility of such damages. Each provision of these terms of use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and middleswarthchips.com. This allocation is an essential element of the basis of the bargain between you and middleswarthchips.com. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s). If you are dissatisfied with our website or our social media, any content on our website or on our social media, or these terms of use, your sole and exclusive remedy is to discontinue using our website and social media accounts. You acknowledge, by your use of our website and social media, that your use of middleswarthchips.com is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein.
Sweepstakes or Promotions
Any sweepstakes, contests, raffles, or promotions (collectively, “Sweepstakes”) and Gift Cards made available through the middleswarthchips.com may be governed by rules separate from these Terms of Use. You should review the applicable rules prior to participating in Sweepstakes and/or purchasing Gift Cards. In the event of a conflict between these Terms of Use and the Sweepstakes and/or Gift Card rules, the applicable Sweepstakes and/or Gift Card rules shall apply.
Indemnity
By using middleswarthchips.com and our social media, you agree to defend, indemnify, protect, and hold harmless middleswarthchips.com and its Affiliates and their respective officers, employees, directors, agents, suppliers, and vendors from and against any loss, claim, liability, expense, damage, (including, without limitation, reasonable attorneys’ fees and costs) arising out of or otherwise related to the use of middleswarthchips.com and our social media.
Applicable Law
These Terms of Use shall be governed in all respects by the laws of the State of Pennsylvania without giving effect to its conflict of law provisions. You knowingly and voluntarily submit to the personal jurisdiction of and venue in the state and federal courts in the State of Pennsylvania. You further agree that any cause of action arising under these Terms of Use shall be exclusively brought in such courts.
Updates to Terms of Use
From time to time, we may modify these Terms of Use to reflect industry initiatives or changes in the law or middleswarthchips.com’s policies. All updates and modifications shall be effective upon posting. Your continued use of the middleswarthchips.com and social media after we post updated Terms of Use signifies your acceptance of the new terms. You should review these Terms of Use regularly to ensure that you are aware of any changes.
Miscellaneous
Middleswarthchips.com’s rights and remedies under these Terms of Use are cumulative and not alternative. Neither the failure nor the delay by middleswarthchips.com in exercising any power, right, or privilege under these Terms of Use will operate as a waiver of such power, right, or privilege, and no single or partial exercise will preclude any other or further exercise of such power, right, or privilege. If any provision of these Terms of Use is held invalid or unenforceable, the other provisions shall remain in full force and effect. You may not delegate, transfer, or assign any of your rights or obligations under these Terms of Use without our prior written consent.
Contact Us
If you would like to communicate with middleswarthchips.com about these Terms of Use, please feel free to contact us.
Customer Support
26 S 2nd Street
Sunbury, PA 17801