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Lesaffre Yeast Corporation Terms of Use

Last Updated: July 12, 2024

Lesaffre Yeast Corporation and our affiliates (“Lesaffre,” “we,” “us,” or “our”) grants you access to our website located at www.redstaryeast.com or other online informational offerings we own or operate (collectively, the “Site”) conditioned on your acceptance of these Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND BY USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE IMMEDIATELY.

Modifications to these Terms of Use
We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice to you, unless required to do so under applicable law. We will post all modifications to these Terms of Use on the Site, and they will become effective immediately upon being posted to the Site. Your continued use of the Site following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Use each time that you visit the Site and review any modifications made since the last time that you visited it.

Privacy Policy
We will treat all personal information that you choose to provide to us through the Site in accordance with our privacy policy (“Privacy Policy”). By using the Site, you consent to the privacy practices set forth in the Privacy Policy, which are incorporated by reference into these Terms of Use.

Site Access
The Site is intended only for use by persons who are at least 18 years of age and is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Site during times you are in a country for which use of the Site would be prohibited. You are responsible for compliance with all local laws and applicable regulations.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on the Site. You are solely responsible for maintaining the confidentiality of any access credentials that you use to access the Site. If you believe that information that you have submitted through the Site has been used without your permission, you must tell us immediately using the contact information below. If you fail to notify us, you may be liable for all unauthorized activity.

Site Content
The content featured on this Site has been created exclusively for the purpose of providing information about us and our affiliates. The Site allows you to discover our products and services, and to sign up via your email address to receive all information commercial or promotional information, from us. No commercial use may be made of the data shown on the Site without our prior written agreement.

We may discontinue or make changes to the services described on this Site at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate the Site without prior notice, unless required to do so under applicable law.

Proprietary Materials
The Site contains forms, content, texts, recipes, images, drawings, layout, information, trademarks, and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark, and other intellectual property laws (collectively, “Proprietary Materials”).

You should assume that everything on the Site constitutes Proprietary Materials. Unless otherwise expressly permitted by us in writing, you shall not copy, download, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, or otherwise use or exploit Proprietary Materials. Any commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors.

We respect the intellectual property rights of others and takes claims of copyright infringement seriously. We will respond to claims of alleged copyright infringement that are properly brought to our attention. If you believe any materials on the Site infringe upon your copyright, please contact us using the contact methods listed below and provide us with information about the material that is claimed to be infringing and where it is located on the Site as well as information reasonably sufficient to permit us to contact you.

Restrictions
You agree that you will not yourself or through any third party: (i) use the Site in a manner that violates applicable laws or the rights of third parties, including intellectual property laws and third-party rights with respect thereto; (ii) use the Site for any illegal purpose; (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which may harm us or other users of the Site; (iv) violate the security of the Site, including by using any device, software, or routine that interferes with the proper functioning of the Site, accessing or attempting to access any systems or servers on which the Site is hosted, modifying or altering the Site in any way, or forging headers, misrepresenting your identity, or otherwise manipulating identifiers to deceive others; (v) use automated data extraction tools or manual processes to extract Proprietary Materials from the Site; (vi) use Proprietary Materials to develop any software service or program including without limitation, training any artificial intelligence (AI) systems or machine learning program or model, or collecting, compiling, caching, and archiving the Proprietary Material to include in data sets for any reason, including for direct or third party use in an AI application or system; (vii) reverse engineer, disassemble, or decompile the Site; (viii) change, modify, or otherwise alter the Site; (ix) except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Site, remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Site or Proprietary Materials; or (x) engage in any other objectionable conduct as determined by us in our sole discretion.

Termination
We may, without notice to you, immediately terminate these Terms of Use or terminate your access to the Site if you breach these Terms of Use or engage in conduct that we, in our sole discretion, believe is in violation of applicable law or our rights or the rights of other users of the Site. Upon termination, your right to use the Site and our Proprietary Materials will immediately terminate.

Third-Party Sites
We may include links on the Site to third-party websites that we do not control or operate (each, a “Third-Party Site”). We are not responsible for any information, content, advertising, products, services, or other materials on any Third-Party Site, and the presence of such links does not constitute our endorsement, approval, or sponsorship of any Third-Party Site. If you choose to access any Third-Party Site, you are doing so at your own risk, and you will be subject to the terms and conditions of that Third-Party Site. We expressly disclaim all liability resulting from your use of any Third-Party Site.

Disclaimer
THE WEBSITE AND PROPRIETARY MATERIALS ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ON BEHALF OF OURSELVES AND OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS AND EQUITY HOLDERS (COLLECTIVELY, THE “LESAFFRE PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF THE LESAFFRE PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE OR ANY OF THE LESAFFRE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE, OR SUITABILITY OF THE WEBSITE OR PROPRIETARY MATERIALS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR (II) DIRECT DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

Indemnification
You shall indemnify, defend, and hold us and the Lesaffre Parties harmless from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees, costs of collection, and other costs of defense) arising out of or relating to your use of the Site or Proprietary Materials or your violation of these Terms of Use. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other rights under these Terms of Use.

Complete Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same.

Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.

Governing Law
These Terms of Use and all disputes related thereto will be governed by and construed in accordance with the laws of the State of Delaware without reference to the choice of law provisions of any jurisdiction.

Contact Us
Lesaffre Yeast Corporation
Attention: General Counsel’s Office
7475 West Main Street, Suite 150
Milwaukee, WI 53214
Telephone: 414-615-3300