BY USING THE PAGES IN THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT USE THIS SITE. PLEASE BE SURE TO PERIODICALLY CHECK THIS PAGE FOR UPDATES, AS YOUR CONTINUED USE OF THE SITE SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGED ITEMS.

Use of Site. Applegate Farm Homemade Ice Cream, Inc. ("Applegate Farm") authorizes you to view and download the materials at this website ("Site") and other sites that may be affiliated with this Site, under the condition that all information, communications, software, scripting, photos, text, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied, modified, distributed, republished, uploaded, posted, publicly displayed, performed, distributed in any way, without prior written consent of Applegate Farm EXCEPT only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Copyrights, Trademarks and Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Applegate Farm and/or its subsidiaries and affiliates or by other parties that have licensed their material to Applegate Farm. The Content of this Site is copyrighted and any unauthorized use of the Content of this Site may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making them available on this Site, Applegate Farm is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of Applegate Farm’s or any third party's intellectual property rights. Use of Applegate Farm’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use. A Franchise Agreement with the Franchisees governs use of the Content and the Marks by Franchisees.

APPLEGATE FARMâ STYLIZED LETTERING, APPLEGATE FARMâ APPLE DESIGN WITH FARMHOUSE, ‘ROCK’ THE ROOSTER ä , GRANDMA APPLEGATEä are all registered trademarks, pending applications, and/or common law marks of Applegate Farm in the United States.

Applegate Farm’s trademarks may be used publicly with permission only from Applegate Farm. Fair use of Applegate Farm’s trademarks in advertising and promotion of Applegate Farm products requires proper acknowledgment. No Applegate Farm trademark or service mark may be used as a hyperlink without Applegate Farm’s prior written permission.

Moose Tracks® is the registered trademark of Denali Flavors, Inc.

User Submissions. Applegate Farm does not accept, nor does it solicit, any product or process ideas, innovations suggestions, improvements or other user submissions. All remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to this Site (together, the "Communications") are assigned to, and will forever be the property of, Applegate Farm without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the Applegate Farm’s Privacy Statement, any Communications will be considered non-confidential and non-proprietary. Applegate Farm will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Applegate Farm operations. Applegate Farm will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to Applegate Farm, you hereby grant Applegate Farm and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that Applegate Farm is free to use any ideas, concepts, know-how or techniques that you send Applegate Farm for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

Disclaimer. THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

APPLEGATE FARM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

APPLEGATE FARM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE APPLEGATE FARM MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT APPLEGATE FARM ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT APPLEGATE FARM. APPLEGATE FARM UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE SECTION OF THE SITE FOR PROSPECTIVE FRANCHISEES IS NOT AN OFFER TO SELL A FRANCHISE. SUCH OFFERS CAN ONLY BE MADE THROUGH THE DELIVERY OF A UNIFORM FRANCHISE OFFERING CIRCULAR (UFOC). FILING OF AN APPLICATION FOR REGISTRATION IN A PARTICULAR STATE DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY ANY STATE REGULATORY AGENCY NOR A FINDING THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.

Limitation of Liability. IN NO EVENT WILL APPLEGATE FARM, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY N OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT APPLEGATE FARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, APPLEGATE FARM’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Applicable Laws. Applegate Farm from its offices within the United States of America controls this Site. Applegate Farm makes no representation that the Content in this Site is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of New Jersey. By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of New Jersey. In addition, you hereby accept and submit to the personal jurisdiction of these New Jersey courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Equal Opportunity. Applegate Farm is an equal opportunity employer committed to a diverse workforce. Applegate Farm franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. The franchisee is the entity responsible for all employment-related decisions.

Termination. Applegate Farm, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if Applegate Farm believes you have violated or acted inconsistently with the letter or spirit of these Terms, or if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy any copies of Content of this Site, whether in printed or software format.

Notices. Notices to you may be made via either email or regular mail. Applegate Farm may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Revisions. Applegate Farm may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at this Site may be out of date, and Applegate Farm makes no commitment to update the materials and services at this Site.

Waiver. Applegate Farm failure to enforce any part of these Terms of Use shall not constitute a waiver of any of Applegate Farm’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Applegate Farm nor the reliance of any person on Applegate Farm's actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of Applegate Farm may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

© Copyright 2005 Applegate Farm Homemade Ice Cream, Inc. All Rights Reserved.