Terms of Use

Effective December 1, 2022

Welcome to the online services provided by John B. Sanfilippo & Son, Inc. and its affiliates (collectively, “JBSS”). These Terms of Use govern your use of JBSS websites, mobile applications, and other services that include an authorized link to these Terms of Use (collectively, the “Services”). By using the Services, you, the end user, on behalf of yourself, and including your company or organization if you are using the Services on behalf of a company or organization, agree to be legally bound by all terms and conditions contained or referenced in these Terms of Use. Please read these Terms of Use carefully.

These Terms of Use apply only to your use of the Services and do not change or alter any other agreement you may have with JBSS.

1. Effective Date; Changes to Terms of Use

These Terms of Use are effective as of the effective date above. If you have not reviewed the Terms of Use applicable to a Service since the Effective Date, please review these updated Terms of Use carefully before using any Service.

JBSS reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of any changes made to the Terms of Use.

2. Privacy

When you use the Services, JBSS collects certain personal information from you. Please review JBSS’s Privacy Policy, which also governs your use of the Services, to understand our practices regarding the use and protection of your personal information. The terms of the Privacy Policy are incorporated by reference in these Terms of Use. JBSS makes no representations or warranties with regard to the sufficiency of the security measures used for data handling and storage and is not responsible for any damages (whether direct, indirect, consequential, special or incidental) resulting from a security breach or technical malfunction.

3. Permitted Use of the Services

You are permitted to use the Services only if you are an adult or are at least 13 years of age and acting under adult supervision.

You may use the Services and the images, recipes, other text, graphics, audiovisual materials, games, software and other content available through the Services (“Content”) only for personal, non-commercial purposes in accordance with these Terms of Use.

You may print or store a single copy of a recipe or other information content of a primarily textual nature from the Services for your personal, informational use, but only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content. In other respects, you are strictly prohibited from downloading, copying, storing, modifying, redistributing, selling, performing and displaying Content.

We make no claim as to the suitability of the Services and Content outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for complying with applicable local laws. Not all products referenced through the Services are appropriate or available outside the United States. Any offer for any product or service is void where prohibited.

4. Restrictions

To maintain the integrity of the Services and the user experience of all users of the Services, you agree not to misuse the Services, including by using the Services in a way that violates any applicable law. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:

• Disrupt or interfere with the normal operation and navigation of the Services or the availability of the Services to other users, including by transmitting any virus or other harmful code that could disrupt or interfere with the functionality of any computer software, hardware, database or communications equipment of JBSS;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure JBSS uses to provide the Services;
• Use any automatic or manual process to monitor, spider, scrape or copy the Services or the Content without authorization, including collection of information concerning JBSS product offerings, descriptions, images and prices;
• Access the Services using any interface other than the standard user interface provided by JBSS;
• Disassemble, decompile or otherwise reverse engineer the Services or any software or other technology included in the Content or used to provide the Services;
• Maintain any link to the Services that JBSS asks you to remove, in its sole discretion;
• Frame the Services or Content, make the Services or Content available via in- line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between JBSS and any third party;
• Use the Services to transmit, distribute or store any material (a) in violation of any applicable law, including laws governing the collection, processing, or transfer of personal information; (b) in a manner that infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful;
• Violate the security of the Services, including by (a) circumventing any authentication or other access control measures used in the Services;
  (b) accessing any data or portion of the Services that we have not authorized you to access; or (c) probing, scanning or testing the vulnerability of the Services or the infrastructure JBSS uses to provide the Services; If you violate this Section 4, we may terminate your access to the Services without notice, take other remedial actions, and seek any remedies permitted by law. Certain violations of this Section 4 may result in criminal liability. JBSS may involve, and cooperate with, law enforcement authorities in prosecuting users of the Services who are involved in such violations. You authorize us to provide information concerning you and your activities to comply with applicable laws or respond to court orders, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services.

5. Information Provided

JBSS endeavors to provide accurate product descriptions and other information through the Services. However, JBSS cannot guarantee that such information will always be complete, accurate, current and error-free or that images will be displayed properly on your device. Information provided through the Services about nutrition and health is not intended to be a substitute for professional medical advice. You should always consult with your personal physician prior to making any changes in your diet or otherwise acting on any nutrition or health information. Never disregard professional medical advice or delay in seeking it because of information available through the Services. Some of the information provided through the Services is historical in nature. Such information may no longer be current. Some of the information provided through the Services contains “forward-looking statements” as that term is defined in the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements are management’s expectations of future events as of the time that the statements were made and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. You are cautioned not to rely on such forward-looking statements, which speak only as of the date they were made.

JBSS may change the Services at any time and without notice, including by adding or removing Content, discontinuing Services, and restricting or terminating your access to the Services. JBSS will not be liable for taking any of these actions.

6. Third Party Sites

The Services may contain links to online locations that are not maintained by JBSS. These links are provided solely for your convenience. JBSS makes no representations or warranties about the content of any third-party sites or any products or services provided by third parties. JBSS recommends that you take the time to read the terms of use and privacy policies applicable to any third-party sites.

7. Mobile Applications

In addition to the provisions of these Terms of Use that apply to the Services in general, the following terms apply to use of JBSS mobile applications (“Apps”).

Apps are licensed to you, not sold. JBSS grants you a personal, non-assignable, non- transferrable, non-sublicensable, nonexclusive license to use an App that you download from an authorized app store only in executable code form and only on the mobile device to which you download the App from the authorized app store. You must not copy the App or transfer the App or any Content accessed through the App from the device on which you originally downloaded the App to any other device. You must not disassemble, decompile or otherwise reverse engineer the App. Your license to an App terminates automatically if you fail to comply with any of the provisions of these Terms of Use.

Your wireless provider may charge for use of the App, including fees for receipt of text messages and data transmission. These fees are not charged by JBSS. You should contact your wireless provider if you have any questions about its fees.

By using an App, you agree that we may communicate with you regarding the Services and our products by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your device and usage of the App will be communicated to us.

8. Copyright

Content, the appearance and compilation of content available through the Services, Apps and other software used to provide the Services are the exclusive property of JBSS or its licensors and are protected under the copyright laws of the United States and other jurisdictions. You must comply with all such laws. You agree not to remove, obscure or alter any copyright or other legal notices on the Services or Content. You must not reproduce, create derivative works of, distribute, perform or display any Content or any part of the Services (in whole or in part) except in accordance with these Terms of Use. JBSS reserves all rights in and to the Services (including Apps and Content) not expressly granted to you under these Terms of Use.

9. Trademarks

All trademarks used in or in connection with the Services are the property of JBSS or their other respective owners. You are not authorized to display or use any of these trademarks in any manner without the prior written permission of its owner.

10. Information You Provide; Unsolicited Ideas

The Services may offer you the opportunity to provide comments or otherwise transmit information to JBSS (“User Submissions”). To avoid the possibility of misunderstandings, we ask that you not submit unsolicited ideas, product or advertising suggestions, creative materials, proposals, business plans or similar materials to JBSS as User Submissions.

When you provide User Submissions, you grant us a nonexclusive, worldwide, royalty- free, perpetual, irrevocable, fully transferrable and sublicensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit those User Submissions by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising without limitation or compensation to you. You agree that (a) User Submissions are not being provided to JBSS in confidence; (b) there is no confidential or fiduciary relationship between you and JBSS; and (c) you have no expectation that JBSS will review, acknowledge or compensate you for your User Submissions.

11. Disclaimer of Warranties

THE SERVICES (INCLUDING APPS AND CONTENT) ARE PROVIDED BY JBSS ON AN “AS IS” AND “AS AVAILABLE” BASIS. JBSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SERVICES OR THE CONTENT. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JBSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SECURITY, AVAILABILITY, ACCURACY AND FREEDOM FROM VIRUSES AND OTHER HARMFUL CODE.

12. Limitation of Liability

JBSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
(A) THE SERVICES (INCLUDING APPS AND CONTENT) OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES; (B) PERFORMANCE FAILURE; (C) ERROR OR OMISSION; (D) INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR TRANSMISSION OF THE SERVICES; OR (E) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS TO THE SERVICES OR DATA, IN EACH CASE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, AND LOST PROFITS, WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY, AND EVEN IF JBSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

13. Your Liabilities and Obligations

JBSS has the right to terminate your access to the Services in the event you violate any provision of these Terms of Use. If we terminate your access to any of the Services, you must immediately stop using such Service. Any such termination will not affect the rights of JBSS as to any violation of these Terms of Use by you. JBSS retains the right to pursue all remedies available at law or equity.

You agree, at your own expense, to defend, indemnify and hold JBSS (including its affiliates) and directors, employees, shareholders, vendors, distributors, legal representatives and agents of JBSS from any and all claims, suits, actions, costs, liabilities, and damages, including attorney’s fees, and any other expenses of any kind resulting from your use, misuse or access to the Services. JBSS retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 13 without the prior written approval of JBSS.

14. Applicable Law

You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms of Use. To the extent permitted by law, you hereby waive any claim that (a) you are not personally subject to the jurisdiction of the State of Illinois, (b) any action or proceeding may not be brought in the State of Illinois, (c) an action or proceeding in the State of Illinois should be dismissed on the basis of forum non conveniens, (d) or that these Terms of Use may not be enforced in the State of Illinois. You and JBSS further agree to any service of process permitted by the laws of the State of Illinois.

15. Severability

These Terms of Use constitute an agreement between you and JBSS. A finding that a provision contained within this agreement is unlawful, void, or otherwise unenforceable shall not affect the enforceability of the remainder of this agreement.

16. Waiver

In any instance where JBSS fails to execute its rights under these Terms of Use, such failure will not constitute a waiver of any rights under these Terms of Use.

17. Customer Service

If you have questions or concerns about the Services or these Terms of Use, please contact us by sending an email to info@jbssinc.com, calling us at 800-874-8734, or writing to us at: 1703 N. Randall Rd. Elgin, IL 60123