POSH PANTRY PRIVACY POLICY
Jean’s Posh Pantry, Inc. (Posh Pantry) recognizes that many adults and children who visit our web site are concerned about how personal information they provide on-line is maintained and used by Posh Pantry. To address these concerns and to demonstrate our firm commitment to privacy, especially for children who visit our sites, we have developed and implemented this privacy policy so you will know how Posh Pantry gathers, and provides, information. Please review our privacy policy from time to time as we may update or change it periodically.
GATHERING AND USE OF INFORMATION
Posh Pantry collects personally identifiable information from visitors to our sites solely on a voluntary basis. Such personally identifiable information may include your name, postal address, e-mail address, company name and/or telephone numbers, et cetera (collectively referred to herein as "Personal Information"). We will never sell, transfer, or disclose any Personal Information we gather at our web sites to any third parties without your prior consent, except in cases when we believe in good faith that we have a legal obligation to disclose such Personal Information. We never require that this Personal Information be provided in order to gain access to our sites. We collect Personal Information primarily for the following reasons: 1) to e-mail consumers with updates and news, 2) to notify winners of contests, games and sweepstakes, and to distribute prizes, 3) to send out brochures, etc. via regular mail to subscribers, 4) to distribute items that are part of "giveaways" that you have registered for, and 5) for use in our online and off-line marketing and advertising campaigns. There may be times when we share aggregate information about our users (for example, the % of male and female visitors to our sites) with advertisers, business partners, sponsors, and other third parties in any effort to customize or enhance the content and advertising on our sites for our users.
We recognize there are unique issues raised about the protection of our children's privacy over the Internet. All children-directed Posh Pantry web sites are designed to comply with the requirements of the Children's Online Privacy Protection Act (COPPA) and Children's Advertising Review Unit (CARU) guidelines for web sites gathering identifiable information from children (under age 13). Consistent with these requirements and guidelines, and provided that we have been given accurate information by the child when asked, we do NOT:
1. collect personally identifiable off-line contact information without prior parental consent;
2. distribute to third parties any personally identifiable information without prior parental consent;
3. entice children by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity;
4. use or disclose on-line contact information without prior parental consent or parental notification, which will include an opportunity for the parent to prevent use of the information and participation in the activity. Without prior parental consent, on-line information will only be used to respond directly to the child's request and will not be used for other purposes without prior parental consent. We collect on-line contact information from children only in connection with on-line contests and sweepstakes; our policy with respect to using this information is provided below in the "Contests/Sweepstakes" section; or
5. enable children to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.
Parents can always ask to review any Personal Information about their child that may have been collected at one of our sites, have us delete any such Personal Information, and/or instruct us not to collect or use such Personal Information about their child in the future. To do so, simply contact us following the procedure outlined below in the "How To Contact Us" section.
As the new technology of the Internet evolves, and the COPPA requirements and CARU guidelines evolve as well, Posh Pantry intends to comply with these requirements and guidelines in a manner and in as timely a fashion as is technologically feasible in order to protect our children and their privacy.
CONTESTS/SWEEPSTAKES
We periodically run contests and sweepstakes on our sites for which we ask users/participants to provide contact information (like their e-mail address). This information is used to contact the participant only when necessary in accordance with the rules of the contest or sweepstakes.
If a participant has indicated upon entering a contest or sweepstakes that he/she is under 13 years of age, the participant is instructed to enter the e-mail address of his/her parent or guardian. Further, for any game or contest where the screen names of the high scorers are posted, a user under 13 can only select a generic screen name from a list that has been developed in advance. This prevents the disclosure of any personally identifiable information.
When a participant under the age of 18 is selected as a prize-winner in a contest or sweepstakes, an e-mail is sent to the parent or guardian. This e-mail contains a form that requests the participant's real name and address and a parental permission form. For the participant to receive the prize, the parent or guardian must fill out and sign the form and then mail or fax it to the address or number indicated on the form.
COOKIES/IP ADDRESSES
Like many companies, Posh Pantry may use "cookie" technology to track customer visits through our sites. Cookies are pieces of information that a web site transfers to an individual's hard drive for record-keeping purposes. They enhance the on-line experience by saving your preferences while you are visiting a particular site.
The cookies Posh Pantry uses do not contain any personally identifying information and cannot profile your system or collect information from your hard drive. And although you may receive cookies from many different sites, each cookie can only be read by the Web server that originally issued it. You are not even identified by name or e-mail address, just by a unique string of numbers that we assign the first time you come to our site.
We use your IP address in two ways: to help diagnose problems with our server and to administer our web sites, and also to gather broad demographic information.
POLLS & SURVEYS
Information gathered from polls and surveys are only for internal use of Posh Pantry. If sample answers to polls or surveys are posted on the web site, then no identifiable Personal Information is ever included.
CHOICE/OPT-OUT
In every outgoing email, we provide users with the opportunity to opt out of receiving future communication.
HOW TO CONTACT US
If you have any questions about this Privacy Policy, the Legal Policy, the practices of this site, your dealings with this web site, or your Personal Information, you can always contact us at our e-mail address, info@poshpantry.com.


LEGAL POLICY
By accessing and browsing any web site owned and/or operated by Jean’s Posh Pantry (collectively the "Site"), you accept, without limitation or qualification, the Legal Policy set forth in the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
TERMS AND CONDITIONS
1. Acceptance of Terms of Use. Jean’s Posh Pantry (“Posh Pantry”) provides you with access to, and use of, the Site subject to all applicable laws and regulations and this Legal Policy. By accessing and using the Site you accept each of the Terms and Conditions of this Legal Policy without limitation. If you do not accept each of the Terms and Conditions contained in this Legal Policy without limitation, please exit the Site. This Legal Policy supercedes any other agreements you may have with Posh Pantry regarding this subject matter.
2. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by Posh Pantry, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by Posh Pantry unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of Posh Pantry.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of Posh Pantry or its licensors unless otherwise stated herein. Posh Pantry and its licensors expressly reserve all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.
In its sole discretion, Posh Pantry or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
3. User Conduct. Posh Pantry maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Posh Pantry, and that you do not download or use any images of people or places ("Images") displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Posh Pantry. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities on the Site:

  • Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
  • Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
  • Impersonate another user, person or entity, including any official or employee of Posh Pantry;
    o Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
  • Use the Site to advertise or perform any commercial solicitation.

4. Privacy. Your use of the Site is also subject to the Posh Pantry Privacy Policy. Posh Pantry hereby incorporates the entirety of that Privacy Policy into this Legal Policy.
5. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Posh Pantry. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Posh Pantry of any products, services, advice or information available from such sites. Posh Pantry does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Posh Pantry and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Posh Pantry. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in a Posh Pantry Site or have moved to another third-party site.
6. EXCLUSION OF LIABILITY. NEITHER POSH PANTRY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY POSH PANTRY SITE AND YOUR USE OF ANY POSH PANTRY SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY POSH PANTRY SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. POSH PANTRY DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY POSH PANTRY SITE.
POSH PANTRY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, POSH PANTRY IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. POSH PANTRY' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
7. DISCLAIMER. THE CONTENT OF ANY POSH PANTRY SITE IS PROVIDED "AS IS" AND POSH PANTRY DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
  • THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
  • THE CONTENT IS ERROR-FREE AND ACCURATE;
  • THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
  • DEFECTS WILL BE CORRECTED;
  • THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
  • THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
  • THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
    IN ADDITION TO THE ABOVE YOU (AND NOT POSH PANTRY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
    EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

8. Export Control. Software and other materials from the Site may be subject to United States Export Control. The United State Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Posh Pantry does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
9. Cautionary Language Regarding Forward Looking Information. The Site may contain statements, estimates or projections that constitute, "forward-looking statements" as defined under U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Posh Pantry' historical experience and its present expectations or projections. These risks include, but are not limited to, Posh Pantry' ability to finance expansion or acquisition plans, share repurchase programs and general operating activities; changes in the applicable business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; fluctuations in the cost and availability of raw materials; interest rate and currency fluctuations; changes in economic and political conditions; our ability to penetrate developing and emerging markets; the effectiveness of our advertising and marketing programs; litigation uncertainties; adverse weather conditions; and other risks discussed in Posh Pantry' filings with the Securities and Exchange Commission (the "SEC"), including its Annual Report on Form 10-K, which filings are available from the SEC. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. Posh Pantry undertakes no obligations to publicly update or revise any forward-looking statements.
10. Revisions to the Terms. Posh Pantry may at any time, in its sole discretion and without notice, revise or modify this Legal Policy or the Privacy Policy. You are bound by any such revisions and should periodically visit this Site to review the current Legal Policy and Privacy Policy pages.
11. Content Submitted by Users. Any communication or material you transmit to Posh Pantry at the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Posh Pantry or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Posh Pantry is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
12. Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Posh Pantry does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
13. Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Posh Pantry on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. Posh Pantry may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
14. Choice of Law. This Legal Policy and your use of this Site is governed by the laws of the State of California in the United States of America, without regard to its choice of law provisions.
15. General Terms. This Legal Policy constitutes the entire agreement between you and Posh Pantry and governs your use of any Posh Pantry Site. The failure of Posh Pantry to exercise or enforce any right or provision of this Legal Policy shall not constitute a wavier of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action or action arose or be forever barred.

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