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General Terms & Conditions for Web Sites Operated
by the Mars, Incorporated Family of Companies
Welcome to our web site! As a member of the Mars, Incorporated ("Mars") family of
companies, we offer an online information and communications service that we hope
you will find entertaining and informative. There are a few rules of the (cyber)
road that our visitors must follow when using our site, so we ask all our visitors
to read these General Terms and Conditions ("Agreement") carefully.
Please be sure to read this Agreement carefully, especially the disclaimers and limitations
of our liability, since use of this site constitutes your acceptance of, and agreement
with, the terms and conditions set out in this Agreement.
We do not intend to make changes to our terms and conditions very often but reserve
the right to do so. However, it is always a good idea to double check when you visit
our site to ensure that you have read and agree with our most current terms and
conditions. Any change in our terms and conditions will be prospective only. We
generally do not make any changes to our terms and conditions that have a retroactive
effect unless legally required to do so. Your continued use of this site after that
time will constitute your acceptance of any new or amended terms.
Intellectual Property Ownership Copyrights
All copyrights and other intellectual property rights in the artwork, graphics,
text, video and audio clips, trademarks, logos and other content available on this
web site ("Content") are owned by Mars or used with permission.
Although you can copy any part of this web site to your own computer for your personal
use, you may not copy or incorporate any of the Content available on the web site
into any other work, including your own web site, or use the Content in any other
public or commercial manner. That means you may not post or redistribute any portion
of our web site unless you have a license from us to do so. That also means that
Mars retains full and complete title to all such Content, including any downloadable
software or code, any images incorporated in or generated by the software, and all
data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute,
reverse-engineer, disassemble or otherwise convert it to another form.
You may not change any of the notices regarding copyright, trademarks or other marks
that may accompany the Content. If you want to link to the home page of our site,
that's OK, but please don't use our Content in your own site. You may not deep link
(i.e., link to any page other than the home page) to our site without our specific
written permission.
Trademarks
Unless otherwise specified, all trademarks used on this site are the property of
Mars or our business partners.
Submissions
We will respect your rights regarding the protection of personal data, especially
in relation to any application you may make for employment with Mars. In addition
to job applications, we are glad to receive from you any stories, comments, suggestions,
ideas, graphics, pictures or anything else, but do please remember that, by uploading
or sending us such material through this site, you assign all your interest in it
to Mars and, depending on which law applies, Mars will either own the material you
send to us on this site or you will be deemed to have granted Mars an exclusive
and perpetual license to use it.
That means that all stories, comments, suggestions, ideas, graphics, pictures or
other information uploaded or sent to Mars through this site, not in connection
with a job application, are automatically deemed to be either the property of Mars
or can be used by it. This information is not confidential and we can use it as
we see fit - that includes reproducing it, disclosing it, publishing it, or broadcasting
it here or somewhere else, in this or any other medium now known or later invented.
Under no circumstances are you entitled to any payment if we do use your submission
for any purpose.
Use Restrictions
You may not engage in any activities through the web site which are unlawful, offensive,
abusive, which violate the rights of third parties, or which inhibit other users
from using and enjoying this web site. You may not monitor or copy Content on the
web site, by using any robot, "bot", spider, crawler or other automatic device or
manual process, without our written permission, or engage in any activity which
interferes with the proper working of the web site. You agree to indemnify, defend
and hold harmless Mars and its subsidiaries, affiliates, officers and employees
from any damages, liabilities and expenses (including reasonable attorneys' fees)
arising from any third party claims resulting from, or arising out of, your use
of the web site. We reserve the right to terminate your access to the web site at
any time, without notice, for any reason whatsoever.
No Endorsements
Although this web site may refer to products or services of third parties or link
to third party sites or information, we do not endorse or make any warranties or
representations about them. Any links to other sites are provided for your convenience
only. You need to make your own decisions regarding third party products, services
and web sites.
Privacy Policy
Please ensure that you read our Privacy Policy and the data protection consents,
which we require when you apply for employment with Mars, in order to learn about
what personal information we collect at this site, how we handle it and for what
purposes we use it.
Use of this Site: Limitation of Liability and Disclaimer
NEITHER MARS NOR ANY OF ITS WORLDWIDE AFFILIATES, NOR ANYONE WHO HELPED DEVELOP,
CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED
TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, UNLESS THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY
MAY NOT OTHERWISE BE LAWFULLY EXCLUDED. THIS INCLUDES, BUT IS NOT LIMITED TO:
- DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
- DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES
OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES.
THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY
FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.
We use reasonable efforts to ensure that accurate information is provided on this
site, but do not guarantee such accuracy, and make no representations regarding
the use or results of use of any Content on this site in terms of its accuracy,
reliability or any other matter.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS
CONTAINED IN THIS SITE, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE
ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION
WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF THE INFORMATION ON THIS WEB SITE. THERE IS NO WARRANTY THAT THIS
WEB SITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR
PARTICULAR PURPOSES OR NEEDS.
While we reserve the right to remove any postings or any other information that
we feel may be offensive or otherwise objectionable, we are not responsible for
any material posted by any user or for any information whatsoever contained in any
linked sites. YOU AGREE THAT MARS AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE
OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER
VISITOR TO THIS SITE OR ANY OTHER THIRD PARTY.
Copyright Agent
It is our policy to respond appropriately to notices of alleged infringement that
comply with the U.S. Digital Millennium Copyright Act ("DMCA"), including by removing
or disabling access to material claimed to be the subject of infringing activity.
You should send any claims or notices of infringement relating to the web site or
any of its Content to Mars's designated DMCA agent:
DMCA Agent
c/o Consumer Care Department
Mars, Incorporated
800 High Street
Hackettstown, NJ 07840
dmca.agent@mars.com
You may also obtain a copy of Mars's DMCA policy from such DMCA agent. However,
please do not send any other correspondence or inquiries to our DMCA agent; he will
only respond to DMCA notices and inquiries.
Other If any provision of this Agreement is found to be void, unlawful or
unenforceable for any reason, that portion shall be deemed severable from these
terms and shall not otherwise affect the validity and enforceability of any remaining
provisions. Mars enters into this Agreement on its own behalf and on behalf of each
of its worldwide affiliates. Accordingly, Mars holds the benefit of and may enforce
this Agreement on behalf of those affiliates. Mars reserves the right to pursue
any remedy available to it at law or in equity if you breach this Agreement.
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