Terms and Conditions
before using this website. This Agreement sets forth the terms
and conditions which apply to your use of this website. By using
this site, you agree to the terms and conditions below. If you do
not agree to be bound by the terms of this Agreement, please discontinue
your use of this website.
Mercer provides hosting services
in connection with Hillshire Brands's website. Hillshire Brands
and Mercer hereby grant you a limited, non-exclusive, non-assignable
and non-transferable license to access and use the website according
to the terms and conditions set forth in this Agreement. By using
the website, you hereby acknowledge and agree as follows:
Security and Validation Policy. Hillshire Brands and Mercer
have security and validation mechanisms in place to reasonably assure
that no one uses this website's services ("the Service")
without proper authorization. If any user attempts to circumvent
the security and validation system, the applicable account will
be barred from the system. If Hillshire Brands or Mercer determine
that the registered user has willfully or knowingly attempted to
misrepresent his or her identity at any time, the registered user
will be denied access to the Service. Hillshire Brands and Mercer
reserve the right to notify any applicable court or governmental
agency or authority when either suspects fraudulent use of this
website or violation of its security and validation procedures.
Hillshire Brands and Mercer reserve the right to, and may from time to time,
monitor any and all information transmitted or received through
the Hillshire Brands website. Hillshire Brands and Mercer, at their
sole discretion and without further notice to you, may (but are
not obligated to) review, censor or prohibit the transmission or
receipt of any information which is deemed inappropriate or that
violates any term or condition of this Agreement. During monitoring,
information may be examined, recorded, copied, and used for authorized
purposes. Unauthorized uses and unauthorized users of this website
will be prosecuted to the full extent of the law.
Ownership and Restrictions on Use. Copyright 2000 Hillshire Brands/Mercer.
The material on the Hillshire Brands website is copyrighted information of Hillshire Brands and Mercer ("Mercer"). Hillshire Brands is using and has adapted the Mercer material with permission from Mercer. Both Hillshire Brands and Mercer reserve all rights they may have in the copyrighted material.
All of the information included on this website, including all the text, graphics, photographs, graphs, sounds, data, images, audio, page headers, software, (including HTML and other scripts) buttons, video and other icons and the arrangement and compilation of this information (collectively, the "Information") is either owned or licensed by Hillshire Brands and Mercer. The licensor may include Mercer, or may be certain third parties that have given their permission for their material to be displayed on the Hillshire Brands website. The associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Hillshire Brands and Mercer. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws. All other product names and company logos mentioned on the website or Information are trademarks of their respective owners. The Information is the valuable, exclusive property of Hillshire Brands and Mercer. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Information to you or any other person or entity. You may use the Information solely for using the Services for your personal, non-commercial use. You may not use the Information for any other purpose.
You may download, view, copy and print the Information incorporated into this website solely for your use consistent with the business purposes of this website. However, except as expressly permitted on the website, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion of the Information in any manner whatsoever without Hillshire Brands's and Mercer's prior written consent. You may not use the Information to facilitate unfair competition with this website or in any manner which violates applicable US or International Law. Under no circumstances will you acquire any ownership rights or other interest in the Information through your access of the website.
Use Restrictions. The license granted to you in this agreement, however, does not permit you to resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to this website. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. You may not rent, lease sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the website, any part thereof, or any of the Information received or accessed from the website to any other person or entity unless your first obtain Hillshire Brands's specific written authorization. You agree to use this website and Information from the Service for lawful purposes only. You agree not to post or transmit any information through this website which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right, (4) contains a virus, bug or other harmful item, or (5) is used to unlawfully collude against another in restraint of trade and competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your wrongful use of the website.
Submissions. If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, the "Data"), the Data shall be deemed, and shall remain, the sole, exclusive and absolute property of Hillshire Brands or Mercer.
Linking. You may not create any link to the Hillshire Brands website without the prior express written consent of Hillshire Brands and Mercer. You may not use any of Hillshire Brands's or Mercer's proprietary logos, marks, or other distinctive graphics, video, or audio material in such links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Hillshire Brands or Mercer; 2) cause confusion, mistake, or deception; 3) dilute Hillshire Brands's or Mercer's trademarks or service marks; or 4) otherwise violate state or federal law.
Hillshire Brands is a distributor of certain content supplied by third parties, so some of the content displayed in our website may be that of a third party. Since Hillshire Brands does not control the third parties, Hillshire Brands has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Hillshire Brands. The Hillshire Brands disclaimers in this Agreement are also applicable to third party content.
Copyright Infringement Claim and Copyright Agent. Hillshire Brands accommodates, and does not interfere with, standard technical measures used by copyright owners to protect their materials. Hillshire Brands may in its sole discretion, terminate your license to use the website or the Information if Hillshire Brands determines that you are involved in any infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. If you believe that your materials have been used in a way that constitutes copyright infringement, please contact Hillshire Brands's designated agent.
Modification of Agreement Terms. Hillshire Brands reserves the right to modify the terms and conditions of this Agreement, the Service and this website. Such modifications may include, without limitation, changes in implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of this website. Hillshire Brands may also add, withdraw or modify Information within this website at any time in its sole discretion.
Password Disclosure. If, at any time, you learn or suspect that your password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify Mercer and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, Mercer will verify your identity and assign a new password to you within a reasonable period of time. Re-issuance and reactivation of passwords is subject to Mercer's security and validation procedures. You will not receive a new password if you have violated, or allowed others to violate, Mercer's security or validation procedures.
Termination. Termination or cancellation of this Agreement shall not affect any right or relief to which Hillshire Brands or Mercer may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Hillshire Brands and Mercer. This Agreement shall remain in full force and effect unless terminated or canceled for any of the following reasons: 1) immediately by Mercer for any unauthorized access or use by you except as expressly provided in this Agreement; 2) immediately by Mercer if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; or 3) immediately, if you violate any of the other terms and conditions of this Agreement.
Limited Warranty. Except as otherwise expressly provided herein or in the terms of the use Agreement, Hillshire Brands and Mercer provide this website to you on an "as is, with all faults" basis. Hillshire Brands and Mercer disclaim any warranty, express or implied, that the Information contained in this website is a complete description of all terms, exclusions and conditions that may apply. The Information in this site should not replace the advice of your human resources administrator or benefits provider. Hillshire Brands and Mercer expressly disclaim any and all other warranties, expressed or implied, including, but not limited to, any implied warranty of merchantability, of fitness for a particular purpose, of title or non-infringement, of adequacy to produce any particular result, of accuracy or of reliability of the use of, or the results of the use of the Hillshire Brands website, or that this website will meet your requirements or will be suitable for your needs.
Hillshire Brands and Mercer do not warrant that the functions contained in this website will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available are free of viruses or other harmful components. You assume all risks of using this website and the Service and all risk of errors and/or omissions, including the transmission or translation of Information, in this website and the Service.
Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. The Internet is a global network of computers that you use at your own risk, and neither Hillshire Brands, Mercer, nor their affiliates control or censor the Internet, including sites for which links appear on this website, nor do they endorse, adopt or otherwise have any liability or responsibility for any third party website or the Information appearing thereon.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from state to state.
Limitation of Liability. Hillshire Brands and Mercer (including their officers, directors, employees, affiliates, agents, representatives or subcontractors) (Collectively "Hillshire Brands parties") shall not be liable in any event, including but not limited for the Hillshire Brands parties' negligence, for any fines or penalties, or for any special, direct, incidental, punitive or consequential damages in connection with the Service. The Hillshire Brands parties shall not be liable in any event, including but not limited to Hillshire Brands parties' negligence, for any special, incidental, punitive or consequential damages arising out of the use of or inability to use this website. In no event shall the Hillshire Brands parties' total liability for all damage, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence and strict liability, or otherwise) exceed the greater of the cost to you of the Service or $500, even if the Hillshire Brands parties have been advised of the possibility of such damages. The Hillshire Brands parties shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or lack of authenticity of this website or for any delay or interruption in the transmission thereof to the user, or for any claim or loss arising therefrom or occasioned thereby. Furthermore, the Hillshire Brands parties shall not be liable for any damages for lost data, use, profits, savings or goodwill that result from the use of or inability to use the Service. This limited liability shall be complete and exclusive.
Some states do not allow limitations on how long an implied warranty lasts, so any limitation herein may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This clause gives you specific legal rights. You may also have other rights which vary from state to state. The disclaimers and limitations contained in this Agreement apply only to the full extent permitted under applicable law and apply to your use of this website. This Agreement does not apply to, and does not in any way affect, your health plan, retirement benefits or other plans and benefits provided by or on behalf of Hillshire Brands all of which are governed by separate agreements between you and Hillshire Brands or other providers, as applicable, and by applicable law.
Delays in Services. The Hillshire Brands parties shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, date data processing failures, telephone interconnect problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes beyond the reasonable control of Hillshire Brands or Mercer. Hillshire Brands and Mercer shall have no responsibility to provide access to the Service while the interruption of the Hillshire Brands website and/or the Service due to any such cause shall continue.
Indemnification. To the full extent permitted under applicable law, you agree to release, indemnify, defend and hold harmless the Hillshire Brands parties from and against all claims brought by any person arising from or relating to your access and use of this website and Service.
No Conflicting Terms. If there is any conflict between this Agreement and any help text, manuals or other documents, this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any Hillshire Brands parties.
Attorney's Fees. If Hillshire Brands or Mercer takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, Hillshire Brands or Mercer shall be entitled to recover from you (and you agree to pay), in addition to all sums to which the applicable party is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations; Venue. This Agreement shall be governed by the laws of the State of Texas, without regard to conflicts of laws principles. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of this website must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Harris County, Texas, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts are of an inconvenient forum.
Jurisdictional Issues. Unless otherwise specified, the materials in this website and the material issued in conjunction with the Service are presented solely for the purpose of using the Service in the United States, its territories, possessions and protectorates. This Site is controlled and operated by Mercer from its offices within the State of Texas. Hillshire Brands and Mercer make no representation that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if, and to the extent local laws are applicable.
Severability. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and Hillshire Brands or Mercer as to your use of this website. This Agreement is between you and Hillshire Brands. While Mercer is a third party beneficiary of this Agreement and may enforce the terms of this Agreement and may enforce the terms of this Agreement to the extent it affects the rights, property and obligations of Mercer, Mercer is not a party to this Agreement and there is no privity of contract between you and Mercer.