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Terms of Use  

Welcome to SproutFoods.com. This website (the "Site") is owned and operated by Sprout Foods, Inc. ("Sprout"). The Site provides our users (each, a "User" and collectively, "Users") with access to information regarding our company and products, subject to the terms and conditions set forth below ("Terms of Use"). By accessing and using this Site, you agree to the Terms and Conditions. We reserve the right to modify these Terms of Use, and any other terms and conditions applicable to specific areas of the Site, at any time without giving you prior notice.

  1. Use of the Site; User Conduct. These Terms of Service govern your use of the Site. You may use the Site, and the information, images and/or other materials contained on the Site (collectively, the "Content"), solely for personal, non-commercial purposes. No right, title or interest in any Content is transferred to you. Sprout reserves complete title and full intellectual property rights in the Site and all Content. You may not use, alter, copy, distribute, transmit or derive another work from any Content obtained from the Site. You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

  2. Privacy. At Sprout Foods, we respect your privacy. We have developed our Privacy Policy, which is available to you on this Site, to inform you of our practices and policies regarding the collection, use, maintenance and disclosure of your personal information.

  3. Security. If you register to become a SproutFoods.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

  4. Content. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Nevertheless, we make no guarantee that any errors, inaccuracies or omissions will be corrected.

  5. Intellectual Property. The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Sprout or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Sprout or other copyright owners who have authorized their use on the Site. You may not manipulate or alter in any way images or other Content on the Site. You are prohibited from using any of the trademarks or logos appearing throughout the Site, except as permitted by applicable law.

  6. Links; Downloads; Software. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship or recommendation by Sprout of the third party, the third-party website or the information contained therein. Sprout is not responsible for the availability of any such websites. Sprout is not responsible or liable for any such website or the content thereon. If you use the links to the web sites of Sprout affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. Sprout does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Site is the copyrighted work of Sprout and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

  7. DISCLAIMER OF WARRANTIES.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPROUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

    B. SPROUT MAKES NO WARRANTY THAT: (I) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE CONTENT WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (V) ANY ERRORS IN THE SITE OR THE CONTENT WILL BE CORRECTED.

    C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPROUT OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

  8. LIMITATION OF LIABILITY.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPROUT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPROUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

    (I) THE USE OR THE INABILITY TO USE THE SITE;
    (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
    (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
    (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
    (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT.

  9. EXCLUSIONS AND LIMITATIONS.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURSIDICTIONS, SPROUTiS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

  10. Indemnification. You understand and agree that you are personally responsible for your conduct on the Site. You agree to indemnify, defend and hold harmless Sprout, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content.

  11. Submissions. Although we welcome feedback from our Users, neither Sprout nor any of Sprout's employees will accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, services, processes, materials or new product names. It is possible that Sprout's business activities bear coincidental similarities with one or more of the numerous unsolicited ideas submitted to us. We ask that you refrain from submitting your unsolicited ideas to us or anyone at Sprout. You agree that if you do submit your unsolicited idea(s) to us, irrespective of the means of transmission, you acknowledge and agree that Sprout has no obligation to respond to you, Sprout has no obligation to maintain the confidentiality of your idea, your idea will automatically become the property of Sprout (without any compensation to you), and Sprout may use your idea for any purpose whatsoever, including transmitting your idea to third parties. We, moreover, do not wish to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each, a "Submission" and collectively, "Submissions") will be considered non-confidential and non-proprietary. For all Submissions, you acknowledge and agree that you: (a) have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity; and (b) are providing Sprout with a royalty-free, irrevocable, perpetual and worldwide right to use, distribute, display the Submission, and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

  12. Governing Law. Any and all disputes relating to these Terms of Use, Sprout's Privacy Policy, your use of the Site, any other Sprout website or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.

  13. General Information. These Terms of Service constitute the entire agreement between you and Sprout and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Sprout to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision (or portion thereof) of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, such provision (or portion thereof) will not impact any other provision of this Agreement, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.



Privacy Policy
At Sprout Foods, we respect your privacy. We have developed and provided this Privacy Policy to inform you of our practices and policies regarding the collection, use, maintenance and disclosure of your personally identifiable information ("Personal Information"). Personal Information may include your name, address, phone number, email address, company name, title and other company contact information. This website (the "Site") is not intended for children under the age of 13. If you are younger than 13, please do not provide any Personal Information in connection with your use of the Site.

Personal Information from our visitors is collected on a voluntary basis only. We do not require this Personal Information for you to access the information on our Site, but it is required for properly responding to requests for additional information regarding our products, for information regarding wholesale and distribution, or for order fulfillment.

The Personal Information collected is only used by us to process a request by you or for marketing our products and services. We do not sell or rent personal information to other organizations. We may, however, rely on various third-party service companies to provide certain services (including, but not limited to, shipping, credit card billing and order fulfillment) for which it is necessary to provide our users' Personal Information.

If you would like to submit corrections to your Personal Information, please email us at (info@sproutbabyfood.com). Please give us your full name and phone number in case there is a question regarding your request.

Our web server may also collect the domain names, but not the individual email addresses, of visitors to our website. This information is aggregated to measure number of visits, average time spent on the site, pages viewed, and other relevant statistics. We collect this information to measure the use of the Site and to improve the content of the Site.

We reserve the right to transfer any and all information that we collect from our visitors to a third party in the event that we sell or transfer substantially all of our assets related to the Site to such third party.

The Site may contain "links" to other websites, and we attempt to link only to websites that share our high standards and respect for privacy. However, we are not responsible for the content or the privacy practices employed by other websites and you are responsible for your visits to such websites.

Although we use reasonable efforts to maintain the privacy of your Personal Information, due to technological limitations, and the risk of unlawful interceptions and accessing of transmissions and/or data, we cannot completely assure you, and you should not expect, that your Personal Information, or any other electronically communicated information, will be absolutely confidential.

We hope that this Privacy Policy helps you to make an informed decision whether to visit our Site and/or to provide us with certain information. If you have any questions, concerns or problems, we encourage you to send an email to info@sproutbabyfood.com. We appreciate your suggestions on how we can improve our Privacy Policy or any aspects of the Site.