Terms and Conditions

AMERICAN ITALIAN PASTA COMPANY WEB SITE TERMS & CONDITIONS OF USE

The web sites located at www.AIPC.com, www.MAKESAMEAL.com, www.MUELLERSPASTA.com, ww.PENNSYLVANIADUTCHNOODLES.com, www.LUXURYPASTA.com, www.ANTHONYSPASTA.com, www.RONCORECIPES.com and www.PASTALENSI.com (collectively, the “AIPC Sites”) are operated by American Italian Pasta Company (“AIPC”), a Delaware Corporation headquartered in Kansas City, Missouri. The AIPC Sites include those web sites expressly identified above as well as all other web sites belonging to, controlled and/or operated by AIPC, and these Terms and Conditions will apply to each of the AIPC Sites.

RESTRICTIONS ON USE

The AIPC Sites are offered to you conditioned on your acceptance, without modification, of these Terms and Conditions. PLEASE READ THE ENTIRETY OF THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY OF THE AIPC SITES. YOUR USE OF THE AIPC SITES INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE AIPC SITES OR DOWNLOAD MATERIALS FROM THE SITES.

MODIFICATION OF TERMS AND CONDITIONS

AIPC reserves the right to change these Terms and Conditions under which the AIPC Sites are offered at any time by posting new Terms and Conditions to the AIPC Sites. By continuing to use the AIPC Sites, you agree to be bound by any such revisions and should therefore periodically visit this page and check the effective date at the end to determine the current Terms and Conditions to which you are bound. AIPC reserves the right at any time in our sole discretion to modify or discontinue any of the AIPC Sites, modify or discontinue any information or other content contained on the AIPC Sites, or terminate your password and user name and your use of the AIPC Sites, for any reason or no reason.

PERSONAL AND NON-COMMERCIAL USE

Unless otherwise expressly agreed by AIPC, the AIPC Sites are for your personal and non-commercial use. You may not copy, distribute, transmit, display, perform, publish, reproduce, license, create derivative works from, transfer or sell any information obtained from the AIPC Sites. Subject to these Terms and Conditions, you may download information obtained from the AIPC Sites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices appearing thereon.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AIPC Sites, you represent and warrant to AIPC that you will not use the AIPC Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the AIPC Sites in any manner which could damage, disable, overburden, or impair the AIPC Sites (or the network(s) connected to the AIPC Sites) or interfere with any other party’s use of the AIPC Sites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the AIPC Sites.

USER SUBMISSIONS TO THE AIPC SITES

If you submit any feedback, suggestions, recipes or other communications (each “Submission” and collectively “Submissions”) an AIPC Site, you are granting to AIPC, its subsidiaries and affiliated companies and its designees a world wide, royalty free, perpetual, irrevocable, perpetual, unrestricted license to use your Submission in connection with the operation of AIPC’s businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. AIPC is under no obligation to post or use any Submission you may provide, and AIPC may remove any Submission at any time in its sole discretion. By inputting or otherwise providing your Submission, you represent and warrant that you own all rights to the information contained in your Submission. Furthermore, any Submission will be deemed not to be confidential or proprietary, and you agree that AIPC shall be free to use any ideas, concepts, know-how, or techniques contained in any Submission that you make to AIPC.

YOUR USE OF COPYRIGHTED MATERIAL ON THE AIPC SITES

The AIPC Sites contain information and materials, which may include some or all of the following, without limitation: text, software, photos, video, graphics, and audio (collectively “Materials”) derived in whole or in part from information and materials supplied by AIPC and other sources. All Materials displayed on the AIPC Sites are protected by international copyright, trademark and other laws, and the entirety of each AIPC Site is copyrighted as a collective work under United States Copyright Law. AIPC owns the copyright in the overall selection, coordination, arrangement and enhancement of all such Materials, and owns the rights in, or license to use, the individual components of such Materials. AIPC grants you a limited, non-exclusive and non-transferable license to use and display the content on the AIPC Sites only for the bona fide purposes associated with your interaction with the AIPC Sites. The license includes the right to print portions of the Materials but only for the stated uses. Unless otherwise stated, Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer solely for the uses stated or otherwise intended by the AIPC Sites, provided that you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of the AIPC Sites, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of AIPC’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws. This license terminates automatically and without notice if you violate any of these Terms and Conditions. Upon termination, you must destroy any downloaded or printed Materials obtained from the AIPC Sites.

TRADEMARKS

The trademarks, service marks, and logos (the “Trademarks“) used and displayed on the AIPC Sites are registered and unregistered Trademarks of AIPC and others and are protected by United States and international copyright, trademark and other intellectual property laws. Unless otherwise stated on the AIPC Sites, nothing on the AIPC Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the AIPC Sites, without the written permission of AIPC or the applicable Trademark owner. Unless expressly permitted on the AIPC Sites, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way Trademarks from the AIPC Sites. The Trademarks may not be used in any manner, including in advertising or publicity pertaining to distribution of materials on the AIPC Sites, without prior written permission from AIPC or the applicable Trademark owner.

USER NAMES AND PASSWORDS

To use certain features of the AIPC Sites, you may be required to register with AIPC either through the registration pages on the AIPC Sites and/or by entering into a separate end user agreement with AIPC, as determined by AIPC in its sole discretion. If you register to use certain restricted portions of the AIPC Sites, either by online registration or by separate registration agreement, you agree:

to use the AIPC Sites solely for legitimate purposes;
to provide true, accurate, current and complete information about yourself, to not imitate any other person or assume a false identity, and to not select an email address, user name or password that, to your knowledge, is already used by another person;
to not use an email address or user name in which another person has rights without such person’s authorization;
to maintain and promptly update the information you provide to keep it true, accurate, current and complete;
to immediately notify us of any unauthorized use of your password, user name, email address, or the AIPC Sites, or any other breach of security by sending notice to us via the contact information provided in these Terms and Conditions;
to not share your user name or password with any other person;
to assume and bear full responsibility for all risks arising out of the use of the AIPC Sites by you and any other person using your email address, user name, or password.

AIPC has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. AIPC will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.vSend notifications to:

Legal Department American Italian Pasta Company 4100 N. Mulberry Drive, Suite 200 Kansas City, Missouri 64116 Fax: 816-584-5100

LINKS TO THIRD PARTY SITES

AIPC may provide, as a convenience to you, links to web sites operated by other entities and persons (“Linked Sites”). AIPC makes no representations whatsoever about any Linked Sites. The Linked Sites are not under the control of AIPC, and AIPC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AIPC is not responsible for web casting or any other form of transmission received from any Linked Site, nor is AIPC responsible if a Linked Site is not working appropriately. The inclusion of any Linked Site does not imply endorsement by AIPC of the Linked Site or any association with the Linked Site’s operators or acceptance of responsibility for the content or the use of such Linked Site. You are responsible for viewing, being aware of and abiding by the privacy policies and terms of use posted at all Linked Sites.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures relating to the collection and use of your personal information.

USER REPRESENTATIONS

You represent and warrant that you are at least eighteen (18) years of age and that you have the legal right and ability to bind yourself to these Terms and Conditions and to use the AIPC Sites. You agree to be fully and solely responsible for any child or other minor member of your household who may use or attempt to use the AIPC Sites.

DISCLAIMER OF WARRANTIES

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AIPC SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE AIPC SITES AND TO THE INFORMATION THEREIN. AIPC AND/OR ITS RESPECTIVE VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AIPC SITES AT ANY TIME WITHOUT NOTICE.

AIPC AND/OR ITS RESPECTIVE VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE AIPC SITES OR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE AIPC SITES FOR ANY PURPOSE. THE AIPC SITES AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. AIPC AND/OR ITS RESPECTIVE VENDORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT AIPC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE AIPC SITES. YOU SPECIFICALLY AGREE THAT AIPC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT AIPC IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE AIPC SITES BY ANY THIRD PARTY.

THE AIPC SITES MAY CONTAIN CERTAIN CONTENT THAT IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF AIPC.

LIMITATION OF LIABILITY

IN NO EVENT SHALL AIPC AND/OR ITS VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AIPC SITES, WITH THE DELAY OR INABILITY TO USE THE AIPC SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE AIPC SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE AIPC SITES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AIPC OR ANY OF ITS VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AIPC SITES, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AIPC SITES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF AIPC, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND VENDORS, IF ANY, FOR LOSS OF DAMAGE, SHALL NOT EXCEED THE CONSIDERATION OR FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICES PROVIDED.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AIPC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEY’S FEES, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE AIPC SITES OR USE BY ANY PERSON FOR WHOM YOU ARE RESPONSIBLE.

GENERAL

These Terms and Conditions and all disputes arising thereunder shall be governed by the laws of the State of Missouri, U.S.A, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts for Clay County, Missouri. Any claim or cause of action you may have against AIPC, its subsidiaries or affiliates (or any officer, director, employee, agent thereof) must be commenced within one (1) year of when such cause of action arises. Use of the AIPC Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this section.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

AIPC’s failure to insist on the strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

You agree that no joint venture, partnership, employment or agency relationships exist between you and AIPC as a result of this Agreement or your use of the AIPC Sites.

You agree that AIPC’s performance under these Terms and Conditions is subject to applicable law and legal process, and that nothing in these Terms and Conditions restricts AIPC’s right or obligation to comply with any governmental, court or law enforcement request or requirement relating to your use of the AIPC Sites.

ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the user and AIPC with respect to the AIPC Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AIPC with respect to the AIPC Sites.

ELECTRONIC RECORDS AND COMMUNICATIONS — NOTICES

A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AIPC may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the AIPC Sites or by first class U.S. mail. You may send notices to AIPC via electronic mail to webmaster@aipc.com or to:

4100 N. Mulberry Drive, Suite 200 Kansas City, Missouri 64116 Attn: Legal Dept.

CONTACT US

If you have any questions, comments, or concerns, please contact us via e-mail at: webmaster@aipc.com.

EFFECTIVE DATE

These Terms and Conditions were last revised on September 9, 2009 and govern your access of the AIPC Sites from this date forward until a later revision is posted.

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