Terms of Use
Effective as of June 30, 2021
We, Whole Earth Brands, Inc., and our employees, agents, subsidiaries, and affiliates (collectively, “Whole Earth Brands,” “Company,” “we,” “our,” or “us”) maintain this website (the “Site”) to inform, educate and communicate with you and to further our goal of providing you with the highest quality products. We invite you to browse our Site but before you do, please read the following Terms of Use and all referenced documents (collectively, these “Terms of Use”) as they apply to your use of the Site, including any content, functionality and services offered on or through the Site, whether as a guest or a registered user. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Site.
ACCESS
You must be 18 or older, or be 13 or older and have parent or guardian consent to access the Site. We reserve the right to request evidence of parental consent at any time. You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use, and that they comply with them. To access the Site or some of the resources it offers, you may have to provide certain registration information. It is a condition of your use of the Site that all the information you provide is correct, current and complete. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.
SECURITY
As you use our Site, if you choose, or if you are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, identification code or password, whether chosen by you or provided by us, at any time for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use. At any time, we have right to withdraw or amend the Site, and any service or material we provide on the Site.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
UPDATES – SITE
We may update the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. We may change the Site at any time with or without notice. We may suspend access to the Site, or close it indefinitely.
UPDATES – TERMS OF USE
We may revise and update these Terms of Use from time to time. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. You represent and warrant that all data provided by you is accurate.
LINKING TO OUR SITE
You may link to our Site, as long as you do so in a way that is not-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation. Please don’t link in a way that suggests any form of approval or endorsement by us where none exists. Our Site must not be framed on any other site without our permission.
LINKS TO OTHER SITES AND THIRD-PARTY PLUG-INS
Our Site may contain links to other sites for your convenience and information, which may be operated by companies not affiliated with us. We strongly suggest that you review the privacy policies or notices of linked sites that you visit. We are not responsible for the content of any sites that are not affiliated with us, use of those sites, or the privacy practices of those sites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to our Site, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.
The providers of third-party plug-ins, such as social networking tools, on our Site may use automated means to collect information regarding your use of the Site and your interactions with these features. This information is governed by the privacy policies of the providers of the third-party plug-ins. To the extent permitted by law, we are not responsible for these third-party plug-in providers’ privacy practices.
THINGS YOU SHOULDN’T DO
You shouldn’t modify copies of any materials from the Site, or use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Don’t delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site and do not reproduce, sell or exploit for any commercial purposes any part of the Site, access the Site or use the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted we reserve. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
PROHIBITED USES
You must not misuse or tamper with our Sites (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks, etc.) or otherwise interfere with our tech or functionality or steal our or our customers’ data. We recommend you use virus protection software when using any site, including ours. Although we are diligent about maintaining and keeping our Site secure, we can’t guarantee that it will always be secure from bugs or viruses.
You must not violate any applicable federal, state, local and international law or regulation, nor impersonate or attempt to impersonate us or one of our employees, another user, or person or entity. Do not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability. You may use the Site only for lawful purposes and in accordance with these Terms of Use.
YOUR CONTRIBUTIONS
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials, including, without limitation, comments, opinions, suggestions, text, stories, statements, likenesses, video and audio recordings or photographs and all derivative works, adaptations or variations thereof (collectively, “User Contributions”) on or through the Site. You acknowledge that you are responsible for User Contributions you submit, and have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary and you hereby unconditionally grant us a worldwide, non exclusive, transferable, royalty free, perpetual irrevocable right and license to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant us and our affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless us and our affiliates and licensors for any breach of that representation and warranty.
We have the right to remove or alter any User Contribution at any time for any reason or no reason, to remove or refuse to post any User Contributions for any or no reason, to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public or could create liability for us. We also have the right to disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and to terminate your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described.
CONTENT STANDARDS
These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
You must not use any material which:
• is threatening, degrading, offensive, harassing, intimidating, violent, hateful, inflammatory or otherwise objectionable, or which promotes sexually explicit or pornographic material, violence;
• is discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age; • infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, or violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
• is likely to deceive any person;
• promotes any illegal activity, or advocates, promotes or assists any unlawful acts;
• is used to impersonate any person, or misrepresents your identity or affiliation with any person or organization;
• involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
• gives the impression that material emanates from us or any other person or entity, if this is not the case. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We claim no copyright in any government or other public domain content that we may place on the Site.
You are permitted to use the Site for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of ours. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except to:
• store copies of such materials temporarily in RAM;
• store files that are automatically cached by your web browser for display enhancement purposes; • print a reasonable number of pages of the Site for a permitted use.
OUR TRADEMARKS AND COPYRIGHTS
We own the copyright in all materials provided. All trademarks, related names, related brand dress, logos, emblems, symbols product and service names, designs and slogans, and all combinations, forms and derivations thereof as are currently or hereafter used by us, whether or not such marks are currently registered, are our trademarks, unless noted otherwise. You must not copy, reproduce, republish, upload, post, transmit, distribute or use any material from the Site without our prior written permission. You may not use any of our logos as a “hot” link to any other site unless the establishment of such link is approved by us in advance and in writing. Nothing stated here should be construed as granting, whether by implication, estoppel or otherwise, any license or right to use any trademarks displayed on the Site without our express written permission or the permission of the trademark owner.
NOTE REGARDING FORWARD-LOOKING STATEMENTS
The Site may contain forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995, as amended, including statements about our future expectations, plans, prospects, objectives and strategies. Without limiting the foregoing, the words “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “target” and similar expressions are intended to identify forward looking statements, although not all forward-looking statements contain these identifying words. There are a number of known and unknown risks, uncertainties and other important factors that could cause Company’s actual results, performance or achievements to differ materially from those expressed or implied by any forward-looking statements. Risks listed under “Risk Factors” in Company’s annual report, quarterly reports and other filings that it makes from time to time with the Securities and Exchange Commission, are available from SEC’s Site at www.sec.gov. Company assumes no obligation to update any forward-looking statements appearing on the Site as a result of new information, future events or circumstances or otherwise. None of the information contained in the Site is intended to be, and shall not be deemed to be, incorporated into any of Company’s’ filings with the Securities and Exchange Commission.
SECURITIES OF WHOLE EARTH BRANDS, INC.
We are not providing investment advice through the Site, and the material on the Site does not constitute an offer to sell or a solicitation of an offer to buy in any state or other U.S. or non-U.S. jurisdiction, any securities of the Company. If you use any material on the Site in determining whether to purchase or sell our securities, please be aware that our past performance is not indicative of future success. Potential investors should consult with their own legal, financial and tax advisers prior to investing in the Company.
DISCLAIMER OF WARRANTIES
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ALL MATERIALS ON THIS SITE RELATING TO NUTRITION, HEALTH AND LIFESTYLE ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND ARE NOT INTENDED TO PROVIDE ANY NUTRITIONAL OR MEDICAL ADVICE. WHILE WE WORK TO ENSURE THAT THE SITE AND ITS CONTENT ARE ACCURATE, YOU SHOULD NOT RELY ON ANY INFORMATION PRESENTED AND YOU SHOULD ALWAYS READ LABELS, WARNINGS AND DIRECTIONS BEFORE USING OR CONSUMING ANY OF OUR PRODUCTS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
GEOGRAPHIC RESTRICTIONS
If you are accessing any of the Sites, except for the ones ending in “.uk” and “.fr” we control and operate the Site from the State of Illinois, in the United States, and we provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you are accessing any of our sites ending in “.uk,” we control and operate the Site from High Wycombe, Buckinghamshire, England, and we provide the Site for use only by persons located in the United Kingdom. We make no claims that the Site or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
If you are accessing any of our sites ending in “.fr” we control and operate the Site from France, and we provide the Site for use only by persons located in France. We make no claims that the Site or any of its content is accessible or appropriate outside of France. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside France, you do so on your own initiative and are responsible for compliance with local laws.
GOVERNING LAW
If you are accessing any of our Sites, except for the ones ending in “.uk” and “.fr” these Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the accessed site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois in each case located in the County of Cook, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.
If you are accessing any of our Sites ending in “.uk,” these Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) are governed by the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
If you are accessing any of our Sites ending in “.fr,” these Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) are governed by the civil laws of France and you irrevocably submit to the exclusive jurisdiction of the courts of France.
You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver of these Terms of Use by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
Please contact us if you have any questions or comments about these Terms of Use or our Privacy Policy.
Whole Earth Brands, Inc.
Attention: Legal Department
125 S. Wacker Dr., Suite 3150
Chicago, IL 60606
U.S.A.
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