Site Materials

The Site and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, graphics, artwork, images and computer code (collectively, the “Site Materials”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Site Materials, contained on the Site are owned, controlled or licensed by or to Butterball, and are protected by copyright, trademark, trade dress and patent laws, and various other intellectual property rights and unfair competition laws.

Your Use of the Site

The Site is provided for your personal and non-commercial use, and you may use the Site and Site Materials solely for your personal and non-commercial use. This authorization is not a transfer of title or a license in or to the Site Materials, or in or to any intellectual property therein. No part of the Site and no Site Materials may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial purpose, without Butterball’s express prior written consent. Any reproduction of this Site or the Site Materials for commercial purposes or for distribution to other persons is a violation of United States copyright law and may subject you to civil and criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. You must retain and display all copyright, trademark, or other proprietary notices (i.e., ©, ®, TM and SM) on any Site Materials that you download from the Site. Butterball reserves all right, title, and interest, including any and all intellectual property and other proprietary rights, in any Site Materials that you download from the Site In its sole discretion, Butterball or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of Butterball, its affiliates, and/or its licensors. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the express written permission of Butterball or such third party owner.

International Users

This Site is controlled and operated by Butterball from its offices in North Carolina. Butterball makes no representation that this Site, the Site Materials, and/or the products featured on the Site are appropriate or available in other countries or territories, and access to the Site or Site Materials from such countries or territories where such use or access is illegal is prohibited. Those who choose to access this Site from other countries and territories do so at their own initiative and risk, and are responsible for compliance with applicable local laws. You may not use or export the Site or the Site Materials in violation of any U.S. export law or regulation.

Operation of the Site

Butterball reserves the right to modify, suspend, interrupt or terminate operation of or access to the Site, the Site Materials, or any portion thereof, at any time without notice for any reason, including, but not limited to, to perform routine or non-routine maintenance, error correction, or other changes.

Links to Other Sites

This Site may contain links to other independent third party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Butterball does not control these Linked Sites, and you access them solely at your own risk. Butterball also does not endorse or approve any information or products offered at the Linked Sites, and Butterball specifically disclaims any and all responsibility or liability arising out of your use of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Linking to this Site

Creating or maintaining any link from another Web site to any page on this Site without Butterball’s prior written permission is prohibited. Running or displaying this Site or any material displayed on this Site in frames or through similar means on another Web site without Butterball’s prior written permission is also prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.

Inappropriate Materials

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to upload, post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or to upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. In addition to any remedies that Butterball may have at law or in equity, if Butterball reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Butterball may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. Butterball will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Butterball to disclose the identity of anyone posting such materials.

Submissions

This Agreement does not apply to personal information supplied by you through the Site, such as your name, address, e-mail address, telephone number and similar information. Please refer to Butterball’s Privacy Policy for information regarding Butterball’s treatment of personal information.

Any comments, communications, feedback, notes, photographs, artwork, messages, ideas, suggestions, or other materials (collectively “Submissions”) sent to this Site is and will be treated as nonconfidential and nonproprietary. The Submissions become and remain the exclusive property of Butterball, and Butterball is free to use any ideas, concepts, or techniques contained in any communication you send to the Site for any purpose whatsoever. Unless otherwise specified, you will not be compensated in any way for your Submissions nor will your Submissions be returned to you. Your submission of any such Submissions shall constitute an assignment to Butterball of all worldwide rights, title and interest in any and all intellectual property rights, including copyright, and other proprietary rights in the Submissions. You represent that you own all right, title, and interest, including all intellectual property rights, in Submissions that you submit to Butterball. In the event that the Submissions voluntarily submitted by you were not created by you or depict someone or something other than you or your property, you warrant that you have obtained permission or have the ability and authority to submit such Submissions to Butterball and to assign to Butterball all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Submissions. You release Butterball from any and all claims arising in connection with its exercise of the foregoing grant of rights and agree to indemnify and hold harmless Butterball from any claims of any other person by reason of any use of the Submissions, including claims for copyright infringement, libel, slander or invasion of the right of privacy or publicity. Submissions that are submitted to other programs or Web sites owned or operated by Butterball may be subject to additional terms and conditions of use and/or additional agreements (“Other Agreements”). Nothing in this Agreement limits the scope or application of the Other Agreements, and the Other Agreements are hereby incorporated by reference.

DMCA Compliance

Butterball is committed to complying with U.S. copyright law and expects all users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. For purposes of the DMCA, for notification of claimed infringement please e-mail, Butterball@casupport.com. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512©(3)) before sending your claim. Upon receipt of the notice of claimed infringement, Butterball will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Health-Related Information

Information accessible on this Site is for information purposes only and is not intended to be a substitute for professional medical advice. Butterball does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in Linked Sites or third-party sites referenced in the Site. You should always consult with your physician regarding any health concerns that you may have, and you should never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Disclaimers

THE SITE AND ALL SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. BUTTERBALL SHALL NOT BE LIABLE FOR ANY INACCURACIES OR ERRORS IN THE SITE MATERIALS. BUTTERBALL MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND BUTTERBALL SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. BUTTERBALL CANNOT ENSURE THAT ANY SITE MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES AND BUTTERBALL SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY VIRUSES.

BUTTERBALL HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY OTHER IMPLIED WARRANTIES, WITH RESPECT TO THE SITE OR THE SITE MATERIALS. ALL PRODUCTS AND SERVICES PURCHASED OR OFFERED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BUTTERBALL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED, PURCHASED, OR OFFERED ON OR THROUGH THIS SITE, INCLUDING ANY ADVICE, OPINIONS OR DIRECTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUTTERBALL HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, PRODUCT MISUSE, ABUSE, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, INFRINGEMENT OR MISAPPROPRIATION. BUTTERBALL EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, RELATED TO THE RESULTS OR OUTCOMES THAT WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT OF THE SITE OR SITE MATERIALS. BUTTERBALL MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability

USE OF THE SITE AND THE SITE MATERIALS IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BUTTERBALL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE MATERIALS, OR THE USE OR THE INABILITY TO USE THE SAME, INCLUDING ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF BUTTERBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. YOUR SOLE REMEDY AGAINST BUTTERBALL FOR DISSATISFACTION WITH THE SITE OR ANY SITE MATERIALS IS TO STOP USING THE SITE OR ANY SUCH SITE MATERIALS.

Indemnification In addition to any other obligations to indemnify contained herein, you also agree to defend, indemnify, and hold harmless Butterball, its officers, directors, shareholders, employees, agents, subsidiaries, and affiliates, from and against any and all claims, damages, costs and expenses, including, but not limited to, attorneys’ fees, arising out of or in connection with your use of the Site or the Site Materials. Choice of Law and Jurisdiction This Agreement shall be governed by the laws of the State of North Carolina, without regard to any conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction of the Federal and State courts located in the State of North Carolina in connection with any and all suits, actions or other proceedings arising out of or in connection with this Site or this Agreement. Any claim or cause of action you may have arising out of or in connection with this Site or this Agreement must be commenced within one (1) year after such claim or cause of action arises.

Waiver

No claim or right of Butterball arising out of a breach of this Agreement shall be discharged in whole or in part except in writing. No delay by Butterball in exercising any right hereunder shall operate as a waiver or renunciation thereof, nor preclude any further exercise thereof or the exercise of any other such right.

Severability

If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Termination

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from this Site, along with all related documentation and all copies and installations. Butterball also may terminate this Agreement at any time and may do so immediately, without notice, with or without cause, and accordingly deny you access to the Site, if, in Butterball’s sole discretion, you fail to comply with any term or condition of this Agreement. Learn about our privacy policy and how we use the information we collect.

Our privacy policy is our oath to you that we will use the information that we collect in a responsible, law-abiding way. We want you to know how we use the information you supply and where it goes.

• We only ask for personal information if you wish to participate in the features and services on our site. We do not require such information to simply browse our site.
• Personal information may be used to communicate directly with visitors to our site.
• We may use cookies to improve the functionality of our Web site.
• To ensure the correct use of information, we have safeguard procedures in place to prevent unauthorized access.

Butterball, LLC (“Butterball”) has developed and implemented this Privacy Policy to address your concerns about how your personal information is collected, maintained and used by Butterball®. This Privacy Policy sets forth how we collect, store, and use the personal information you provide through any of the Web sites operated by us, including the Web site you are currently visiting. We encourage you to read this Privacy Policy before you submit any personal information on our Web sites. Please also review our Privacy Policy from time to time as we may update or change this Privacy Policy at any time for any reason without notice to you. By using this Web site, you signify your assent to all of the terms of this Privacy Policy and the Terms and Conditions of Use. If you do not agree with any term of this Privacy Policy or the Terms and Conditions of Use, please do not use this Web site or submit any personal information.

Types of Information Collected

We do not ask you to provide any personal information to simply browse our Web sites. If you wish, however, to participate in some of the features and services the Butterball Web sites may offer, we may ask you to provide certain personal and/or demographic information. Personal information (as used in this Privacy Policy) means any information that can be used to personally identify you or contact you online or offline. For example, this information may include your name, mailing address, e-mail address, or phone number (“personally identifiable information”), as well as other non-personally identifiable information or demographic information such as your age, gender, habits, or preferences when such information is tied to your personally identifiable information (collectively, “personal information”). We do not collect personally identifiable information unless you voluntarily provide it to us.

Cookies and Other Software

We may use cookies to improve the use and functionality of our Web sites. A cookie is a small data file sent to your browser from a Web server to be stored on your hard drive that allows easier access the next time the same page is visited. This site may use cookies to store information from forms you fill out to create a user profile so that you do not have to re-enter the information each time you visit. Your browser likely can be set to notify you whenever a cookie is received so that you can decide whether to accept it, but your ability to use this site may be impaired if you do not accept cookies from us. We may use software that enables us to count visitors to our Web sites in order to gauge traffic to our Web sites and that informs us whether a visitor is new to our Web site or has previously visited the Web site.

How Personal Information Is Used

We may use personal information to communicate directly with visitors and users, such as to respond to inquiries, to inform users and visitors when they have won a contest, to fulfill a request for an online newsletter or other online subscription service, or to offer additional information about other products, programs, services, promotions or offers that may be of interest if you have given us permission to do so. We never rent, sell, or otherwise share personal information with third parties unless we have notified you that we intend to do so and have provided you with an opportunity to opt in by giving us permission to do so, although we may have to disclose personal information without your consent in response to legal requests such as court orders, subpoenas, and specific requests from law enforcement agencies. Notwithstanding the above, we reserve the right to transfer any information, including personal information, in the event all or a portion of the business or assets of Butterball are sold or transferred. In that event, we will use reasonable efforts to require that the transferee use this personal information in a manner consistent with this Privacy Policy.

Children’s Online Privacy

We take the issue of children’s online privacy seriously and we do not specifically collect personal information about children under the age of 13. Children under the age of 13 should not submit any personal information to Butterball, and we do not knowingly collect personal information from children under 13 online. On our Web sites, users are told that they must be 13 years of age or older before submitting personal information to Butterball and mechanisms are in place to prevent children from submitting personal information to Butterball. If we determine upon collection that a user is under 13, we will not use or maintain his or her personal information. However, in certain circumstances, we may keep a record of such information (in accordance with the rest of this Privacy Policy and applicable law) for certain safety, security, liability, and other purposes permitted under applicable law.

We may offer children fun and entertaining features on the Butterball Web sites, such as games and screen savers, which do not require children to provide any personal information to enjoy. In using these features, however, Butterball may collect certain nonpersonal information from children by using small text files known as cookies. We use cookies for several purposes, such as to recognize visitors to our Web sites, to determine the number of unique visitors to our Web sites, and to ascertain which site pages they visit. You are always free to decline cookies, but in doing so your child may not be able to use certain features on our Web sites. The “help” segment of the toolbar on most browsers will tell you how to configure your browser to not accept new cookies, how to have the browser inform you when you receive a new cookie, and how to erase cookies from your hard drive.

Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Non-U.S. Visitors

We have no intention of collecting personal information from non-U.S. visitors through our Web sites. This Privacy Policy is intended to meet the laws and requirements of the United States, which may not necessarily be consistent with the laws and regulations of your home country. If you are located outside of the United States, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize its transfer. Third-Party Web Sites We cannot control and are not responsible for the privacy practices or policies of any third party Web sites, including any and all Linked Sites or third-party sites referenced in our Web sites. We have no control over the privacy practices or the content of such Web sites, and we recommend that you carefully review the privacy policy of each Web site that you visit.

Updates

We reserve the right to make changes to our Privacy Policy from time to time for any reason. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior visitors that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this policy so that you always know what information we collect, how we use it, and to whom we disclose it. Your continued use of this Web site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes.

Contacting Us

If you have any questions about this Privacy Policy, the Terms and Conditions of Use, the practices of this Web site, children’s online privacy, or your personal information, please contact Butterball Consumer Affairs at Butterball, LLC. You can also e-mail us at Butterball@casupport.com