Terms & Conditions

These terms and conditions outline the rules and regulations for the use of the Mason Dixie website.

Acceptance of the Terms of Use

These terms of use are entered into by and between you and MDBC, LLC, d/b/a Mason Dixie Biscuit Company (“Mason Dixie,” “we,” or “us”). The following terms and conditions (these “Terms of Use”) govern your access to and use of this website, including any content contained therein and functionality (the “Site”). Please read the Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://masondixiefoods.com/pages/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Site and meet all of the foregoing eligibility requirements. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Site.


Changes to the Terms of Use and Site
We may, at any time, for any reason, revise and update these Terms of Use in our sole discretion without notice to you. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section of these Terms of Use will not apply to any disputes for which the parties have actual notice prior to the date such change is posted on the Site. Your continued use of the Site following the posting of revised Terms of Use constitutes your continued agreement to the then-current Terms of Use. We recommend you check this page frequently so that you are aware of any changes, as they are binding on you.


Accessing the Site
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site, or the entire Site.


You are responsible for both:
Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

Electronic Communications
By visiting the Site, submitting your email address via the “Subscribe” feature or other Site sections that allow you to input and submit your contact information to us, or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. All information we collect from you through the Site is subject to our Privacy Policy located at https://mason-dixie.myshopify.com/pages/privacy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us you may do so by contacting us at info@masondixiefoods.com or by using the unsubscribe functions at the bottom of our communications.

Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Intellectual Property Rights
The trademarks, service marks, trade names, and trade dress on and copyrights to the Site and the entire content of this Site (including but not limited to all information, features, functionality, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Mason Dixie or its licensors and protected by United States and international intellectual property and other proprietary rights laws. Nothing in this Site grants you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission from Mason Dixie. Your use or misuse of any intellectual property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes copying, reproducing, or modifying any content of this Site for any purpose other than your own personal, non-commercial use.
We welcome any comments you may have regarding the Site. Any such comments or content you submit to us, such as remarks, feedback, suggestions, ideas, graphics, or other information (collectively, “Feedback”), becomes and remains the exclusive property of Mason Dixie, even if these Terms of Use or any other agreement you have entered into with us is later terminated or amended. We will not pay you or anyone else for any Feedback that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any Feedback you submit, including its legality, reliability, appropriateness, originality, and copyright.

Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not use the Site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries) or is otherwise prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or use any device, software, or routine that interferes with the proper working of the Site. You agree not to introduce viruses to, attack, attempt to gain unauthorized access to, or otherwise take any other harmful action towards the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Mason Dixie shall decide, in its sole discretion, if your conduct violates any aspect of these Terms of Use and that Mason Dixie may take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site.


Monitoring and Enforcement; Termination
We have the right to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (b) terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. You waive and hold harmless Mason Dixie and its service providers from any claims resulting from any action taken by Mason Dixie, or taken as a consequence of, investigations by either Mason Dixie or law enforcement authorities.

Links to and from Third Party Websites
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links related to purchasing Mason Dixie products and services; links contained in advertisements, including banner advertisements; and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to our Site on another website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. If you would like to link to our Site, you may only link to, but not replicate, any page of our Site, and subject to the following conditions:

 

  • You do not in any way imply association, approval or that we are endorsing any services or products unless this has been specifically agreed to by us in writing;
  • You do not misrepresent your relationship with us or present any false information about us;
  • You do not cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, by framing, deep linking, or in-line linking;
  • You do not link from a website that is not owned by you; and
  • Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the United States.

If you link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MASON DIXIE NOR ANY PERSON ASSOCIATED WITH MASON DIXIE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER MASON DIXIE NOR ANYONE ASSOCIATED WITH MASON DIXIE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MASON DIXIE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR ON ANY WEBSITE LINKED TO IT.


Limitation on Liability
IN NO EVENT WILL MASON DIXIE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless Mason Dixie, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your use of the Site, your Feedback or your use of any information obtained from the Site.

Governing Law and Jurisdiction
These Terms of Use are governed under the laws of the state of Maryland without regard to its conflict of law provisions. Any claim, legal proceeding or litigation arising in connection with these Terms of Use shall be brought solely within the courts of the State of Delaware located in the County of Wilmington and you hereby expressly waive any challenge to the jurisdiction of such courts. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the cause of action occurs.

Waiver and Severability
No waiver by Mason Dixie of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mason Dixie to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Mason Dixie with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns
This Site is operated by MDBC, LLC, d/b/a Mason Dixie Biscuit Company located at 300 West Pratt St, Suite 400, Baltimore, MD 21201. All feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@masondixiefoods.com.


Last Modified: May 30, 2020

 

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