Terms and Conditions

Terms of Use

This website is operated by, or on behalf of Frank Brunckhorst Co. LLC (Brunckhorst) to users 13 years of age or older in the United States. Please read these Terms and Conditions of Use (Terms and Conditions) carefully. These Terms of Use, including all documents referenced herein, represents the entire understanding between Brunckhorst and you regarding your use of this site and supersedes any prior statements or representations. The site's Privacy Policy is incorporated into these Terms and Conditions by reference.

Access, distribution and/or use of to this site is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this site would be deemed illegal by governing law, such access, distribution and/or use is prohibited. By visiting any area on the Brunckhorst Site or making a purchase via the Brunckhorst Site, you are deemed to have accepted these Terms of Use. If you do not agree to abide by these Terms and Conditions, please do not use this site.

Use of Materials

All material on this site, including but not limited to software, images, music, text, applets, logos and trademarks, along with the overall look and feel of the website (collectively referred to as the Material), is protected under various intellectual property laws and owned or controlled by Brunckhorst, or used with permission of the owner(s) of such Material.

Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this site or of any of the Material, in whole or part, without the express permission of Brunckhorst, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this site for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on:

• this site;
• any of the Material; or
• any such individual pages so copied, reproduced, downloaded, transmitted or printed.

You may not copy, reproduce, download transmit and/or print substantial portions of this site or the materials contained hereon without the express written permission of Brunckhorst. Any unauthorized use of this site and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.

Privacy

Please see Brunckhorst's Privacy Policy for information concerning the collection and use of Personal Consumer Information from this site.

Links

From time to time, the Brunckhorst website may contain links to other websites that are not controlled and/or maintained by Brunckhorst. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from those of Brunckhorst and/or may provide their users with less security than the Brunckhorst site. By providing such links, Brunckhorst shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. Brunckhorst is not responsible for the content contained on any such sites, or for the failure of any product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.

Copyright Infringement Policy

Brunckhorst values intellectual property and respects the intellectual property rights of others, and will remove materials on its site that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code, §512, you may notify Brunckhorst's Designated Agent in writing as follows:

Name of Designated Agent:	K. Calvin
Address:	Frank Brunckhorst Co. LLC 1819 Main Street, Suite 800 Sarasota, Florida 34236
Telephone Number:	(941) 955-0994
Electronic Mail Address:	termsandconditions@boarshead.com

In your notice, you must include the following:

• a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
• identification of the copyrighted work(s) that is (are) allegedly being infringed;
• identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials;
• contact information (i.e., name, address, email address) sufficient to enable Boar's Head to contact you;
• a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Additional Terms

Certain pages or sections of this site may contain terms and conditions of use which are in addition to these Terms and Conditions. In the event that there is a conflict between such additional terms and conditions of use and these Terms and Conditions, the additional terms and conditions will govern with respect to the specific pages or sections to which they apply.

Placement of Orders

You may create an Account through which you may place orders to purchase merchandise at this site by following the instructions set forth on the site. The purchase of items at this site should not be made by any individual under the age of 18. The risk of loss for any item purchased at this site, along with title for such item, passes to you upon delivery of the item to the carrier.

Limitation of Liability and Use Disclaimer

Brunckhorst is not responsible for any damages or loss related to the use of this site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. BRUNCKHORST RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. BRUNCKHORST SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, Brunckhorst's liability is limited to the greatest extent allowable under applicable law.

Transmitting and Downloading

Brunckhorst is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

Brunckhorst does not warrant or represent that the site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

By using this site, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.

Electronic Communications

When you communicate with Brunckhorst electronically, via email or otherwise, you consent to receive electronic communications from Brunckhorst. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Brunckhorst satisfy any legal requirement that such communication be in writing.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at this site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies.

These Terms and Conditions of Use were last updated on September 29, 2006 and are effective immediately.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us at:

Applicable Law/Dispute Procedures

Use of this site and these Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute concerning your use of this site shall be submitted to binding arbitration in Florida within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Brunckhorst may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that Brunckhorst believes that you have violated or threatened to violate any of Brunckhorst's intellectual property rights and you hereby consent to the exclusive jurisdiction and venue of such courts.

If any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Terms and Conditions will be deemed severable and will not affect the enforceability or validity of the remaining portions of these Terms and Conditions.

™ and © 2006 Frank Brunckhorst Co. LLC. All rights reserved.