Terms & Conditions

We ask that you read and understand the terms of use that follow. Please read them carefully, because your use of our website(s) — www.pagodasnacks.com — (collectively the "Site") constitutes your agreement with these terms.

We reserve the right to revise these terms and conditions from time to time, without any prior notice. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Schwan's Consumer Brands Inc. The Site as a whole and interests in and to the Site are owned by Schwan's Consumer Brands Inc.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Comments and Submissions

All comments, feedback, recipes, suggestions, ideas, and other submissions (including photography) disclosed, submitted or offered to us through this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Schwan's Consumer Brands Inc. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Schwan's Consumer Brands Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Schwan's Consumer Brands Inc. is and shall be under no obligation (1) to pay to user any compensation for any Comments; or (2) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You also agree that Schwan's Consumer Brands Inc. may use and/or disclose information provided through Comments and submissions consistent with our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold Schwan's Consumer Brands Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to products, promotions, or general brand information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted any comments). We apologize for any inconvenience this may cause you.

Store Locations and Product Availability:

All store location information and availability of products listed on our site are subject to change without prior notice.

Store mailing address and phone numbers are provided to the best of Schwan's Consumer Brands' knowledge. All distance information, maps showing store location, and results given based upon distance radius information is provided through open programming services of Google™ Maps. Please refer to their Terms of Use regarding any concerns related to mapping and distances.

If you have any questions regarding product availability or store locations, please feel free to Contact Us.

Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting the PAGODA® Products and brand.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, as well as any federal laws, without giving effect to any conflict of law provisions.

Third-Party Trademarks

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Termination

This Agreement is effective unless and until terminated by either you or Schwan's Consumer Brands Inc. You may terminate this Agreement at any time. Schwan's Consumer Brands Inc. also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement.