Terms and Conditions
Terms and Conditions of Use
Please review our Terms and Conditions and discover what people can and can’t do with the information found on our site. Follow these rules and enjoy visiting our site.
- You may use any information you find on our site or share it with friends and family members, but you may not publish information contained on this site for profit or any other purpose.
- No part of this site may be modified, copied, reproduced, republished or disseminated without our written consent.
- Information on our site is content that belongs to Butterball, LLC, and should not be used in any way that is defaming or hurtful to anyone.
- Butterball® reserves the right to modify, suspend, interrupt, or terminate operation of this site.
- Any comments you submit to our site will be considered nonconfidential and nonproprietary.
Thank you for visiting our website (the “Site”). The Site is owned and operated by Butterball, LLC (“Butterball”) and is governed by these Terms and Conditions of Use (this “Agreement”). This Agreement is a binding agreement between Butterball and you, the user (“You”). This Agreement states the terms and conditions under which you are authorized to use the Site. By accessing or using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, please do not use the Site. Butterball reserves the right, in its sole discretion, to change, modify, move, add, or remove portions of this Agreement, from time to time, without notice to you. Your continued use of the Site following any such changes will constitute your acceptance and agreement to be bound by such changes. As long as you comply with this Agreement, Butterball grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
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. Butterball attempts to make the Site Materials as accurate as possible, but Butterball does not warrant that the Site Materials, including, without limitation, product descriptions and images, are free from errors.
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, website, 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. , ©, ®, ™ 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.
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.
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 websites (“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 website 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 website without Butterball’s prior written permission is also prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations.
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 (i) upload, post, or otherwise transmit any content that is, in Butterball’s sole discretion, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, (ii) upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, (iii) violate any laws, regulations, judicial or governmental orders, or treaties, (iv) transmit, distribute, or upload programs or material that contain malicious code, such as, without limitation, viruses, time bombs, cancel bots, worms, Trojan horses, spyware, malware, or other potentially harmful programs, material, or information, or (v) to transmit or assist in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, spamming, or phishing. 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.
Any comments, communications, feedback, notes, photographs, artwork, messages, ideas, suggestions, recipes, stories, or other materials sent to or posted to this Site (collectively “Submissions”) 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 websites 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.
Online Selling Policy
Contests, Sweepstakes, and Promotions
From time to time, Butterball may conduct contests, sweepstakes, or promotions on the Site. Each contest, sweepstake, or promotion may have additional terms and/or rules that will be posted or otherwise made available to you and, for purposes of each contest or promotion, will be deemed incorporated into this Agreement.
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(c)(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.
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.
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. The foregoing limitation of liability will not apply to the extent prohibited by the laws of your jurisdiction. In no event shall the total of all damages, losses, and causes or action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site, or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In addition to any other obligations to indemnify contained herein, you also agree to defend, indemnify, and hold harmless Butterball, its subsidiaries, and its affiliates, and each of their officers, directors, shareholders, employees, agents, and suppliers 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, your failure to be able to use the Site, your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Butterball or third parties.
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.
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.
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.
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.