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New Pig - Terms of Use — Users of newpig.com & New Pig Corporation

These New Pig Corporation Website Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this website ("New Pig Website") and New Pig Corporation, ("New Pig", "we", "us", "our") regarding your use of the New Pig Website. If you do not accept these Terms of Use, you are not authorized to use the New Pig Website. Your continued use is your automatic agreement to the applicable provisions in these Terms of Use.

We recommend that you review these Terms of Use. You may also print a copy for your records.

Background

We provide certain information about our products and services and certain other third party information on the New Pig Website. We may add, delete or modify some or all of our services and information at any time.

Users Of The New Pig Website

There are two different types of users of our Website. "Public Users" have the ability to view information located on the site. A Public User cannot access "Registered User" areas of the New Pig Website. A "Registered User" has access to additional features of the Website. If you do not accept these Terms of Use, you are not authorized to use the New Pig Website. Your use of this website constitutes your automatic agreement to the applicable provisions in these Terms of Use. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.

Information Posted On Our Site

Information on the New Pig Website is provided "AS IS" and may contain technical inaccuracies or typographical errors. New Pig does not guarantee and is not responsible for the accuracy of any links to information provided on the New Pig Website, including but not limited to articles and regulations, and we do not guarantee that any such information is current. Information may be changed or updated without notice. New Pig may also make improvements and/or changes in the products and services described on the New Pig Website at any time without notice. Any information contained on the New Pig Website does not represent a commitment on the part of New Pig in the future.

Updates To Terms Of Use

We may amend these Terms of Use at any time by posting the amended Terms of Use on the New Pig Website. Your continued use of the New Pig Website after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.

System Integrity

You may not use any device, software or routine, malicious code or repeated "hacks" or "attacks" on web server(s), intended to damage or interfere with the proper working of the New Pig Website or to surreptitiously intercept or expropriate any system, data or personal information from the New Pig Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

Links

The New Pig Website may contain links to third-party websites not under the control or operation of New Pig. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the New Pig Website on another website, if you comply with all of the following: (a) the link must be a text-only link clearly marked "New Pig Corporation" or "www.newpig.com"; (b) the link must "point" to the URL "http://www.newpig.com" and not to other pages within the New Pig Corporation Website; (c) the link, when activated by a user, must display the New Pig Corporation Website full-screen and not within a "frame" on the linking website; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website. We reserve the right to revoke our consent to any link at any time at our sole discretion.

Gift Cards

New Pig may offer electronic gift cards through emails, notifications on the New Pig Website, and other communications or promotions. These terms and conditions for gift cards (“Gift Card Terms”) apply to all users of gift cards made available by New Pig (“you” or “your”). Our gift cards are administered by Tremendous.

Use of Gift Cards

You or the intended gift card recipient may receive an email with a link to an online location with a promo code or other information you may use to access certain gift cards. You also could see a promo code for a gift card on the New Pig Website, or through emails or other communications we send you.

Gift cards may allow you to purchase goods or services from third-party merchants and service providers who are not controlled by or affiliated with New Pig. These gift cards are provided solely as a convenience to you and not as an endorsement by us of the third-party products or services you might receive when you use a gift card. The gift cards are not meant to imply that New Pig guarantees, approves, or recommends any information, products, or services available through the use of any gift cards. Such third-party products or services are developed and provided by others, and the gift cards are not meant to indicate any association between any third-party merchants or service providers and New Pig. All logos and other trademarks are the property of their respective owner(s). All rights not granted under these Gift Card Terms are expressly reserved to New Pig.

You should contact the applicable third-party merchant or service provider if you have any concerns regarding any products or services purchased using such gift cards. New Pig is not responsible for and does not make any representations regarding any third-party products or services. Third-party merchants and service providers are not liable for any actual or alleged claims related to any gift cards that New Pig offers. If you decide to purchase third-party products or services using a gift card, you do so at your own risk, and will be subject to the terms of service, privacy policies, and other agreements or policies applicable to the relevant third-party merchant or service provider.

Gift cards cannot be used to purchase other gift cards. Gift cards are only intended for use by individuals located in the United States, and will not be issued to compensate you for unshipped products.

If the total amount of your purchase using the gift card exceeds the balance of any entered gift card codes, the third-party merchant or service provider may require you to select or add an additional method of payment, such as a debit or credit card, to cover the difference or the transaction will be cancelled. Unless the applicable third-party merchant or service provider states otherwise, no activation, dormancy, inactivity, service or other added fees apply to gift cards, and gift cards generally do not expire. However, please note that any eligible goods and services are subject to change at the sole discretion of the applicable third-party merchant or service provider. If an unused gift card balance is deemed legally abandoned after a period of time under applicable laws and regulations, there may be an obligation for the third-party merchant or service provider to send the unused balance to a government entity if the merchant or service provider reasonably believes it is required by law to do so.

If you have any questions regarding gift cards, please contact us at 1-800-HOT-HOGS (468-4647) and/or hothogs@newpig.com.

New Pig may run promotions from time to time that have their own special terms regarding gift cards. If a gift card is offered as part of a promotion, please see those specific terms for any additional details that apply to that promotion. The terms of any gift card promotion may be changed or terminated at any time and for any reason without prior notice. To the extent any portion of those special terms conflict with these Gift Card Terms, the special terms will govern for that specific portion unless stated otherwise.

Other Gift Card Restrictions and Limitations

Gift cards generally cannot be reloaded or have any monetary value or amounts added to a specific gift card code after the initial purchase. Gift cards cannot be returned or cancelled unless required by law. Gift card balances cannot be resold or transferred, and cannot be redeemed, exchanged, or returned for cash or any other prepaid payment mechanism or instrument except as required by law.

In connection with the use of gift cards you receive from New Pig, you also may not:

Engage in any unauthorized commercial, advertising, marketing, or promotional efforts, such as for giveaways, sweepstakes, or for purchasing products for resale or export;
Engage in any behavior that is fraudulent, deceptive, disruptive, unfair, illegal, and/or harmful to New Pig or its affiliates, reputation, or customers;
Redeem a gift card if you are not the intended recipient;
Purchase a gift card from an unauthorized third party; and/or
Use a gift card as payment for unauthorized third-party goods or services.

The above list is not exhaustive. Any use of a gift card in violation of these Gift Card Terms may result in the gift card being cancelled or suspended in whole or in part without a refund to the extent allowed by law. New Pig reserves the right, without notice to you, to suspend or permanently cancel or void any gift card without a refund to the extent allowed by law. Any gift card that is suspended, cancelled, or voided in whole or in part may result in the cancellation of any orders that were paid in whole or part with the applicable gift card.

The title to any gift card and the associated risk of loss pass to you once the gift card email and/or link to the gift card code is transmitted or sent to you or the intended recipient of the gift card.

You are responsible for making sure any gift card balance is not used by an unauthorized party. New Pig is not legally responsible for, and does not assume any liability to you or anyone else, if your gift card information is stolen, lost, used by an unauthorized party, or used by you as a result of some third-party fraud or gift card scam. If you become aware that an unauthorized party has access to your gift card information, please contact us at 1-800-HOT-HOGS (468-4647) and/or hothogs@newpig.com. New Pig makes no guarantee it can help stop the unauthorized behavior. New Pig reserves the right to request additional information or verification related to your identity before a gift card is used.

Privacy

We recommend that you review our Privacy Policy which is posted on the New Pig Website, and which is a part of these Terms of Use. We may also amend the Privacy Policy from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the New Pig Website. Unfortunately, we cannot ensure that all personal information will never be disclosed in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Our Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and New Pig. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.

Ownership

The New Pig Website and all intellectual property rights included in or related to the New Pig Website (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the New Pig Website and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the New Pig Website. No part of the work reflected on New Pig's web pages and covered by copyright law may be reproduced or copied in any form or by any means - graphical, mechanical or electronic, including photocopying, taping, or information storage and retrieval systems - without the written permission of New Pig. All rights reserved. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the New Pig Website, including its content.

Laws and Regulations

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the New Pig Website; and (ii) release of information to and retrieval of information from the New Pig Website and any New Pig database. To the extent that any applicable taxes apply to your use of the New Pig Website, you are responsible for the payment of such taxes.

Termination of Use

If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the New Pig Website. We also have the right to terminate your use at our discretion, for any reason or no reason.

Governing Law And Jurisdiction

The New Pig Website (excluding linked sites) is operated by us from our offices in Pennsylvania, USA. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, USA, by accessing the New Pig Website, you agree that these Terms of Use and your use of the New Pig Website shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflict of laws provisions. New Pig makes no representation that materials on the New Pig Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Notice

Except as explicitly stated otherwise or required by law, you shall provide any notices to New Pig Corporation by email to us at hothogs@newpig.com.

Upon your request, you may have these Terms of Use sent to you by email. Please feel free to contact New Pig Corporation to resolve a complaint regarding any aspect of service relating to this site by contacting us at 1-855-493-HOGS (493-4647) or hothogs@newpig.com.

Live Chat

ATTENTION: Live chat conversations may be recorded and stored by New Pig Corporation or LiveHelpNow, the software service that enables live chat. Choosing to chat with New Pig Corporation constitutes your prior consent to recording by New Pig Corporation or LiveHelpNow.

No Warranty

WE PROVIDE THE NEW PIG WEBSITE AND OUR SERVICES AS IS, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE NEW PIG WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THE NEW PIG WEBSITE AT YOUR OWN RISK.

Limitation Of Liability

Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability for the availability of the New Pig Website caused by our supplier's performance or lack of performance of the maintenance work to keep the New Pig Website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the New Pig Website.IN NO EVENT SHALL NEW PIG BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL NEW PIG'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO US BY YOU DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR $500.

The limitations of liability provided in these Terms of Use inure to the benefit of New Pig, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.

Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold New Pig and its officers, directors, employees, affiliates, licensors, representatives, attorneys, business partners, and any other party involved in the creation, administration, or transmission of the New Pig Website or any related content, products, or services (collectively, the “Indemnified Parties”) harmless from and against any claims, actions, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including, without limitation, reasonable legal and accounting fees, attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) the Indemnified Parties suffer in relation to, arising or resulting from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the New Pig Website or any related content, products, or services, your breach of these Terms of Use, or any violation of an applicable law or regulation by you. The Indemnified Parties shall provide notice to you of any such claim, suit, or proceeding. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Indemnified Parties in defense of such matter. Your indemnification obligations shall survive the termination of these Terms of Use.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

BY USING THE NEW PIG WEBSITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE USER REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS OF USE.